LEOSA QUESTION (Read 3271 times)

Taii

LEOSA QUESTION
« on: December 25, 2024, 01:20:27 AM »
So just moved out here from Colorado and I have some questions regarding LEOSA out here in Hawaii specifically in Oahu. I am a Federal Law Enforcement Officer with the federal government. I have two piece credentials and a badge from my agency and carry my own personal gun off duty under LEOSA. I haven’t yet out here as there seems to be different takes on it. I’m hoping a current or former HPD Officer can help answer my questions but from what I’ve read on the AG website and I quote

“If you are not on official duty with your governmental law enforcement agency and you are carrying a concealed firearm pursuant to 18 U.S.C. § 926B, you are not considered a "law enforcement officer" in the State of Hawaii. The Hawaii Revised Statutes will be applied to you as if you were a "civilian" with no law enforcement powers.”

Obviously I’ll be off duty carrying but it seems like if I’m not on duty I’m not considered a LEO and I can’t carry under LEOSA? Am I reading that correctly?

I’ve also heard from different people that since I am a LEO the registration fees are waived and that I basically just have to go down to HPD with my off duty weapon and show my credentials to get it registered and fees are waived. Anyone experienced in this?

Since moving out here I see Hawaii is very anti-gun which by all means that’s fine but I just want to make sure I’m not breaking any laws or finding myself in the back of a squad. I know back in Colorado it was very simple if a cop stopped me I let him know I was concealed carrying, where it was and showed him my credentials and badge for verification and it was all kosher.

Any advice would be greatly appreciated! Thank you in advance!

Flapp_Jackson

Re: LEOSA QUESTION
« Reply #1 on: December 25, 2024, 12:40:28 PM »
i'm not a cop, but ....

APPLICATION FOR STATE OF HAWAII FIREARM CERTIFICATION
FOR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS
PURSUANT TO 18 UNITED STATES CODE § 926C

https://ag.hawaii.gov/cjd/files/2014/11/Application-Hawaii-LEOSA-Firearm-Certification.pdf

If you brought a firearm into Hawaii from another state, you'll need to register it.  Your firearm registration form needs to be included in the above certification application.

That's as much as I can offer.  You probably will be best served by contacting HPD directly and getting the latest scoop.  Things tend to change around the first of the year, so what's posted online today may be different as of Jan 1.

Welcome to the party, pal!   :shaka:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Taii

Re: LEOSA QUESTION
« Reply #2 on: December 25, 2024, 12:56:11 PM »
i'm not a cop, but ....

APPLICATION FOR STATE OF HAWAII FIREARM CERTIFICATION
FOR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS
PURSUANT TO 18 UNITED STATES CODE § 926C

https://ag.hawaii.gov/cjd/files/2014/11/Application-Hawaii-LEOSA-Firearm-Certification.pdf

If you brought a firearm into Hawaii from another state, you'll need to register it.  Your firearm registration form needs to be included in the above certification application.

That's as much as I can offer.  You probably will be best served by contacting HPD directly and getting the latest scoop.  Things tend to change around the first of the year, so what's posted online today may be different as of Jan 1.

Welcome to the party, pal!   :shaka:

Thank you bud! Love Hawaii so far. I’m still active with my agency. Just transferred out here so as far as the retired LEOSA I don’t think that applies to me. But good to know if I decide to retire out here(:

Flapp_Jackson

Re: LEOSA QUESTION
« Reply #3 on: December 25, 2024, 04:59:02 PM »
Thank you bud! Love Hawaii so far. I’m still active with my agency. Just transferred out here so as far as the retired LEOSA I don’t think that applies to me. But good to know if I decide to retire out here(:

Sorry.  i read into the post you were retiring out here since you said you would not be on duty.

In that case, the other things I found back up your finding that you are not considered a LEO here, and therefore you'll probably need to jump through the same hoops as a non-LEO to obtain a CCL (Concealed Carry license). 

The laws here are peppered with all kinds of exemptions for law enforcement personnel, so I still think asking would be best. 

Since you need to register your firearm in person and allow HPD to inspect it, assuming it's from out of state, i would take that opportunity to get the full story on your CCL requirements.  Registration is required separate from applying for a license, so you should probably jump on that sooner than later. 

if you go to the following link and scroll to the Out of State Registration section, it'll walk you through it.  We used to have to begin out of state registrations by 3pm, but i can't find that on the HPD site where it was.  Maybe that changed?  So many changes since the state was forced to follow Bruen.  Maybe show up before then to be safe.

https://www.honolulupd.org/police-services/firearms/
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

Re: LEOSA QUESTION
« Reply #4 on: December 26, 2024, 08:49:59 AM »

Since moving out here I see Hawaii is very anti-gun which by all means that’s fine but I just want to make sure I’m not breaking any laws or finding myself in the back of a squad. I know back in Colorado it was very simple if a cop stopped me I let him know I was concealed carrying, where it was and showed him my credentials and badge for verification and it was all kosher.



It doesn't seem fine since you're asking how to do stuff here.

You're right that HI is very anti 2a. Although a LEO/retired LEO may have some exceptions, there are still things you or your household members (family) need to worry about. Like handgun mags over 10rds don't extend to your family. So if they handle any of your mags (misdemeanor), including the one inserted into your duty pistol (Felony), then they just broke the law.  Odds of them getting caught are almost zero, but if anyone uses your gun for home defense, then that's a different story.  Same goes if they use any handgun that they're not on the registration and you aren't home.  And any firearm misdemeanor in HI, you lose your 2A right for 20 years, so basically a felony type thing.

I don't suggest retiring in HI due to the cost of living. I mean unless you got millions sitting in the bank. And even then, you can buy more for cheaper in most of the US.  Just travel to HI for a few months out of the year.

Taii

Re: LEOSA QUESTION
« Reply #5 on: December 26, 2024, 11:20:23 AM »
It doesn't seem fine since you're asking how to do stuff here.

You're right that HI is very anti 2a. Although a LEO/retired LEO may have some exceptions, there are still things you or your household members (family) need to worry about. Like handgun mags over 10rds don't extend to your family. So if they handle any of your mags (misdemeanor), including the one inserted into your duty pistol (Felony), then they just broke the law.  Odds of them getting caught are almost zero, but if anyone uses your gun for home defense, then that's a different story.  Same goes if they use any handgun that they're not on the registration and you aren't home.  And any firearm misdemeanor in HI, you lose your 2A right for 20 years, so basically a felony type thing.

I don't suggest retiring in HI due to the cost of living. I mean unless you got millions sitting in the bank. And even then, you can buy more for cheaper in most of the US.  Just travel to HI for a few months out of the year.




Just trying to figure out how things work out here. Since Colorado is pretty much way different in how LEO are able to carry under LEOSA.

I was born and raised on Oahu and been away for a few years and got the opportunity to move back home so I jumped on it. As far as the magazines didn’t bring any over. Gave them all to my coworkers who were happy to take them for free lol.

I just want to carry concealed to and from work as I feel that’s my area of vulnerability. With Hawaii having a lot of “restricted places” I ain’t trying to get caught up in forgetting where I can and can’t carry.

I know when I’m on duty and duty carrying restricted places really aren’t an issue.

SonRunner

Re: LEOSA QUESTION
« Reply #6 on: December 30, 2024, 11:53:44 AM »
If you, Taii, are a non-retired (i.e., still employed in that LEO status) Federal Law Enforcement Officer, then wouldn't you be scoped and allowed to carry any agency-approved pistol when you are "off-duty" or outside your official working hours and tasks?  For example, I thought all FBI, DEA, ATF, HSI, etc. LEO Special Agents could carry any agency-approved pistol "off-duty" or outside their official working hours and tasks?  I thought they even carry when flying personal.  Perhaps because these SA's are all salary, they are never officially off-duty.

I do not know how it is with, for example, federal, uniformed personal, like the uniformed capitol police or uniformed Border Patrol, though.

Also, I thought federal Law Enforcement Officer Safety Act (LEOSA) applies just to retired LEOs.
« Last Edit: December 30, 2024, 12:02:50 PM by SonRunner »

Taii

Re: LEOSA QUESTION
« Reply #7 on: December 30, 2024, 12:23:26 PM »
If you, Taii, are a non-retired (i.e., still employed in that LEO status) Federal Law Enforcement Officer, then wouldn't you be scoped and allowed to carry any agency-approved pistol when you are "off-duty" or outside your official working hours and tasks?  For example, I thought all FBI, DEA, ATF, HSI, etc. LEO Special Agents could carry any agency-approved pistol "off-duty" or outside their official working hours and tasks?  I thought they even carry when flying personal.  Perhaps because these SA's are all salary, they are never officially off-duty.

I do not know how it is with, for example, federal, uniformed personal, like the uniformed capitol police or uniformed Border Patrol, though.

Also, I thought federal Law Enforcement Officer Safety Act (LEOSA) applies just to retired LEOs.


Unfortunately not all 3 letter agencies assign duty weapons to you. When I’m on duty working I have a government issued weapon that I carry but after I’m off duty the government weapon stays at my place of work. We have gun lockers at our job to store our own personal off duty weapons while on duty.

LEOSA applies to current and retired LEOs. Its original purpose was to let federal or state LEOs to carry concealed across state lines no matter the individual state law with CCW. But since the law was so broad states have inserted their own interpretation and the law hasn’t worked as intended. It really should be just have your credentials and badge and you should be able to carry concealed simple as that.

Wchiro

Re: LEOSA QUESTION
« Reply #8 on: December 31, 2024, 04:15:13 PM »

Unfortunately not all 3 letter agencies assign duty weapons to you. When I’m on duty working I have a government issued weapon that I carry but after I’m off duty the government weapon stays at my place of work. We have gun lockers at our job to store our own personal off duty weapons while on duty.

LEOSA applies to current and retired LEOs. Its original purpose was to let federal or state LEOs to carry concealed across state lines no matter the individual state law with CCW. But since the law was so broad states have inserted their own interpretation and the law hasn’t worked as intended. It really should be just have your credentials and badge and you should be able to carry concealed simple as that.

Taii isn't there someone at work who also carries duty weapons that you can ask if they carry off duty and what they had to go through to be able to carry off duty?  IMO asking here is like asking a person for legal advice who is not a lawyer. 

rhayder

Re: LEOSA QUESTION
« Reply #9 on: December 31, 2024, 04:40:04 PM »
I would check with your agency. It's likely you will have to follow Hawaii laws the same as civilians, the military and other federal officers. If your agency requires you to be prepared to protect yourself and others from physical attacks, you would likely be issued a government owned handgun. That's the way it works for IRS agents in CI (criminal investigation)

macsak

Re: LEOSA QUESTION
« Reply #10 on: December 31, 2024, 05:06:18 PM »
 :shaka:

I would check with your agency. It's likely you will have to follow Hawaii laws the same as civilians, the military and other federal officers. If your agency requires you to be prepared to protect yourself and others from physical attacks, you would likely be issued a government owned handgun. That's the way it works for IRS agents in CI (criminal investigation)

Taii

Re: LEOSA QUESTION
« Reply #11 on: January 01, 2025, 10:40:13 AM »
Taii isn't there someone at work who also carries duty weapons that you can ask if they carry off duty and what they had to go through to be able to carry off duty?  IMO asking here is like asking a person for legal advice who is not a lawyer.

I did ask people at work and seem to get a bunch of different answers. Some say they carry only to and from work and some say the carry off duty all the time. The way the LEOSA law is written it suppose to cover me while off duty. But being Hawaii they add in extra stipulations. I was hoping maybe someone in HPD would chime in on it.

Taii

Re: LEOSA QUESTION
« Reply #12 on: January 01, 2025, 10:49:49 AM »
I would check with your agency. It's likely you will have to follow Hawaii laws the same as civilians, the military and other federal officers. If your agency requires you to be prepared to protect yourself and others from physical attacks, you would likely be issued a government owned handgun. That's the way it works for IRS agents in CI (criminal investigation)

Yes I’ve checked with my agency out here in Hawaii. They seem a lot different in tone on off duty carrying. I’ll get with HPD firearms section on my day off to get the fully story. Coworkers seem to have different views on off duty carrying since the laws are so strict out here.

There are thousands of different federal law enforcement officers that are allowed to carry under LEOSA. Yes IRS agents are one of them. Everyone seems to think only the big 3 letter agencies are allowed to exist lol like FBI, DEA, ATF etc… but we have smaller agencies within the government as well. I agree that those big agencies have no problem carrying but as for the smaller ones we have they same powers but people are quick to double take when they see us rolling in with a gun until they see the credentials.

SonRunner

Re: LEOSA QUESTION
« Reply #13 on: January 01, 2025, 10:14:18 PM »
If you are required to have a firearm while working as a federal employee (i.e., providing some kind of security), whether it be Uniformed Capitol Police, US Parks Police, Air Marshals, Uniformed Border Patrol, SAs for Health and Human Services and various Inspector Generals Offices, etc., then you should be allowed to carry anywhere in the USA, including flying armed.  You should be required to be armed when flying for work; and not just allowed, but requested to be armed when flying personal.  Didn't we learn from the attacks on 09/11/2001?  Now that Biden let in millions of unvetted illegal immigrants, we need more armed police out there more than ever.

rhayder

Re: LEOSA QUESTION
« Reply #14 on: January 04, 2025, 03:03:15 PM »
Now that Biden let in millions of unvetted illegal immigrants, we need more armed police out there more than ever.

I'm more concerned about my neighbors meth addicted kid. Tweakers are very unpredictable.

Rocky

Re: LEOSA QUESTION
« Reply #15 on: January 06, 2025, 12:38:18 PM »
Why don't you just get a Hawaii LTC ?
I've had a few retired/semi-retired LEO do this.
It also lasts 4 yrs vs LEOSA 1 yr
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt