CHICAGO, IL- The Illinois Law Enforcement Training and Standards Board (ILETSB) has contested the application of retired officers in the state to implement their federally mandated LEOSA rights, leading to a legal dispute.
The Law Enforcement Officers Safety Act of 2004, commonly known as LEOSA, provides qualified retired law enforcement officers across the United States with the right to carry concealed firearms.
This federal legislation supersedes many state and local restrictions, but it comes with specific criteria and conditions.
A "qualified retired law enforcement officer" under LEOSA is defined as an individual who separated from a public agency in good standing, had arrest powers, served a minimum of 10 years as a law enforcement officer, and completed firearms training within the last year.
Additionally, they must meet specific health and sobriety standards and not be prohibited by federal law from firearm possession.
While LEOSA offers broad exemptions from state and local laws, it respects the rights of private entities to restrict firearms on their premises.
To carry concealed under LEOSA, retired officers must possess both their LEOSA photographic identification card and the current state firearms test certification. Compliance with all LEOSA requirements is essential for lawful concealed carrying.
However, the implementation and interpretation of LEOSA has not been without challenges, as illustrated by a recent controversy in Illinois.
Despite Governor Pritzker's signing of HB 4667, which aimed to extend concealed carry rights to correctional officers and court deputies in the state, the Illinois Law Enforcement Training and Standards Board (ILETSB) has contested this extension.
ILETSB argues that these retirees do not meet the federal LEOSA criteria, sparking a legal dispute.
"We're asking what we're entitled to legally by law: a right to defend ourselves legally if something happens," laments retired Cook County Sheriff's Deputy Tom Kush. "After 30 years of qualifying, and everything, I just don't understand why they think that they can do this."
On the other hand, retired officers and their supporters assert that they indeed qualify under federal guidelines and should be granted the right to carry concealed firearms as intended by the new state law.
This disagreement has intensified the legal battle, with retired officers initiating a class-action lawsuit against ILETSB. The lawsuit challenges ILETSB's stance and seeks clarity on the alignment of state legislation with federal LEOSA standards.
As the legal battle unfolds, a Cook County circuit court judge is expected to provide insights into interpreting state law alongside federal LEOSA guidelines.
The outcome of this case could have broader implications for retired law enforcement officers in Illinois and potentially influence how LEOSA is interpreted and applied nationwide. LEOSA is a significant federal legislation that grants qualified retired law enforcement officers across the country the right to carry concealed firearms.
The ongoing dispute in Illinois highlights the challenges of aligning state-specific regulations with federal mandates.
"When you're out at a restaurant with your family, or something like that, you'll see these guys," Kush explained, "Which happened to me twice. And I had to leave right away because I didn't want to put my family in that situation."
As the legal battle continues, the interpretation and alignment with federal LEOSA standards remain central issues in determining the rights of retired law enforcement officers nationwide.
"I believe they've [ILETSB] gone rogue," State Senator Bill Cunningham (D- IL 18th District) said. "I think they don't like this concept and they are finding excuses not to execute the law."
The Law Enforcement Officers Safety Act of 2004, commonly known as LEOSA, provides qualified retired law enforcement officers across the United States with the right to carry concealed firearms.
This federal legislation supersedes many state and local restrictions, but it comes with specific criteria and conditions.
A "qualified retired law enforcement officer" under LEOSA is defined as an individual who separated from a public agency in good standing, had arrest powers, served a minimum of 10 years as a law enforcement officer, and completed firearms training within the last year.
Additionally, they must meet specific health and sobriety standards and not be prohibited by federal law from firearm possession.
While LEOSA offers broad exemptions from state and local laws, it respects the rights of private entities to restrict firearms on their premises.
To carry concealed under LEOSA, retired officers must possess both their LEOSA photographic identification card and the current state firearms test certification. Compliance with all LEOSA requirements is essential for lawful concealed carrying.
However, the implementation and interpretation of LEOSA has not been without challenges, as illustrated by a recent controversy in Illinois.
Despite Governor Pritzker's signing of HB 4667, which aimed to extend concealed carry rights to correctional officers and court deputies in the state, the Illinois Law Enforcement Training and Standards Board (ILETSB) has contested this extension.
ILETSB argues that these retirees do not meet the federal LEOSA criteria, sparking a legal dispute.
"We're asking what we're entitled to legally by law: a right to defend ourselves legally if something happens," laments retired Cook County Sheriff's Deputy Tom Kush. "After 30 years of qualifying, and everything, I just don't understand why they think that they can do this."
On the other hand, retired officers and their supporters assert that they indeed qualify under federal guidelines and should be granted the right to carry concealed firearms as intended by the new state law.
This disagreement has intensified the legal battle, with retired officers initiating a class-action lawsuit against ILETSB. The lawsuit challenges ILETSB's stance and seeks clarity on the alignment of state legislation with federal LEOSA standards.
As the legal battle unfolds, a Cook County circuit court judge is expected to provide insights into interpreting state law alongside federal LEOSA guidelines.
The outcome of this case could have broader implications for retired law enforcement officers in Illinois and potentially influence how LEOSA is interpreted and applied nationwide. LEOSA is a significant federal legislation that grants qualified retired law enforcement officers across the country the right to carry concealed firearms.
The ongoing dispute in Illinois highlights the challenges of aligning state-specific regulations with federal mandates.
"When you're out at a restaurant with your family, or something like that, you'll see these guys," Kush explained, "Which happened to me twice. And I had to leave right away because I didn't want to put my family in that situation."
As the legal battle continues, the interpretation and alignment with federal LEOSA standards remain central issues in determining the rights of retired law enforcement officers nationwide.
"I believe they've [ILETSB] gone rogue," State Senator Bill Cunningham (D- IL 18th District) said. "I think they don't like this concept and they are finding excuses not to execute the law."
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Comments
2024-04-08T09:06-0500 | Comment by: Kevin
Question for anybody that knows: Will a state concealed carry permit qualify as a "current state firearms test certification" when exercising your authority under LEOSA ?