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Posted: 12/12/2014 10:57:45 AM EDT
I have been wondering, and I am sure others have as well, when it comes to H R 218/LEOSA how different states have either a "shall issue" or a "may issue" (or are silent on this) requirement for the photo identification. Most states have already put in place some form of qualification standard, but it seems that making H R 218/LEOSA a "shall issue" on the required photo identification has been lacking in some states.

The states that list some form of "shall issue" or "will issue" I have so far are (may be others I haven't found yet, and the ones listed may not work that great in real life):
Alabama
Delaware
Indiana
Kentucky
Maryland
Virginia

Many other states I have found either list a "may issue" type wording or are silent on the issue. Question 1 -> Since the photo id is the main sticking point, how can we get more states to become "shall issue"?

Before you ask, my state, N.C. is silent on this issue, and yes, I have been regularly emailing my state senator and also the SSPBA in my state asking to get this corrected for a while now. Hopefully they will take my repeated hints to get it done.

Question 2 ->  What is taking other states so long? It is odd that concealed carry is "shall issue" almost every state so far, but H R 218 LEOSA lags so far behind...

ETA: Heard back from the SSPBA after I posted this. They will look in to it for possibly the next session in N.C. depending on other issues they have to support.
Link Posted: 12/12/2014 12:47:01 PM EDT
[#1]
What is your question? If you fulfill the requirements of LEOSA, are qualified by your department, you can carry anywhere in the USA except the Postt Office or Federal properties
Link Posted: 12/12/2014 1:08:44 PM EDT
[#2]
TheWind,

I went back to make the 2 questions clear.

Question 1 -> Since the photo id (or departments not issuing them) is the main sticking point, how can we get more states to become "shall issue"?

Question 2 -> What is taking other states so long? It is odd that concealed carry is "shall issue" almost every state so far, but H R 218 LEOSA lags so far behind...
Link Posted: 12/12/2014 2:22:16 PM EDT
[#3]
CCW has no bearing, NJ is a May and never does, I only have to show my LE ID. Our last inservice said it is reccomended to have a neck chain or belt badge off duty also
Link Posted: 12/12/2014 3:01:41 PM EDT
[#4]
Link Posted: 12/12/2014 5:28:20 PM EDT
[#5]
How could a agency not be issuing photo I.D. to it's officer?
You guys must get arrested a lot for impersonation until you're chief comes and vouches for you. I know of one State Trooper that got locked up because of no I.D. when he tried to pick up a prisoner even though he was in uniform. A Lt.had to come claim him.


After 9/11 I thought everybody had to have photo I.D. even for retired officers.
Link Posted: 12/12/2014 6:03:24 PM EDT
[#6]
I think he is referring to a retired ID card. If a department refuses to issue a retired ID card, the retired officer is screwed as far as LEOSA.
Link Posted: 12/12/2014 7:58:22 PM EDT
[#7]
That makes sense, NJ has specifications to keep their cards uniform, Retired has a red stripe saying retired
Link Posted: 12/12/2014 8:59:50 PM EDT
[#8]
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Quoted:
I think he is referring to a retired ID card. If a department refuses to issue a retired ID card, the retired officer is screwed as far as LEOSA.
View Quote


Steve_in_PA,

Yes, I was referring to the photo ID for retired/separated officers under LEOSA. As you mentioned if the department refuses to issue it, the retired/separated officer is out of luck.

When I first started looking in to this I was surprised that it seems more states have a "may issue" requirement on this instead of a "shall issue." Wondering why this hasn't been pushed in other states so far?

The only other state that I know of which has changed its wording recently (2013) has been Colorado.

http://www.coloradofop.org/index.cfm?zone=/unionactive/view_article.cfm&homeID=276917
Link Posted: 12/13/2014 1:17:44 AM EDT
[#9]
It's not a state thing for issuing retired I'd cards, it's a department issue. In PA, it's up to the department to issue retired I'd cards as the state doesn't do it.
Link Posted: 12/13/2014 1:02:12 PM EDT
[#10]
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Quoted:
It's not a state thing for issuing retired I'd cards, it's a department issue. In PA, it's up to the department to issue retired I'd cards as the state doesn't do it.
View Quote


True, that the department issues the photo id cards, but lets look at pa code:

http://www.pacode.com/secure/data/037/chapter221/s221.23.html

"§ 221.23. Identification card issuance.

(a)  A public agency shall provide each retired law enforcement officer with an identification card, within 60 days of the officer’s retirement, provided the officer has paid the requisite fee.

(b)  If a law enforcement officer has retired prior to September 12, 2009, upon request of the retired law enforcement officer, a public agency shall provide the law enforcement officer with an identification card, within 60 days of the officer’s request, provided the officer has paid the required fee.

(c)  A public agency may charge a reasonable fee, not to exceed $15, for each identification card, or replacement card. The identification card may not be issued until the retired law enforcement officer has paid the fee."

Other states, such as N.C. do not list a requirement that an agency "shall" provide or issue a photo id card. Some list "may" and others are silent on the issue. In order for LEOSA to be effective and open to everyone who is qualified, we need to work on getting more states to become "shall issue" for those qualified.
Link Posted: 12/14/2014 2:17:26 PM EDT
[#11]
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Quoted:
I think he is referring to a retired ID card. If a department refuses to issue a retired ID card, the retired officer is screwed as far as LEOSA.
View Quote


That's what happened in my case. I was commissioned by the FD cause I was a Fire Marshal and required to be certified as a police officer by the state. When I retired, the Fire Chief refused to sign off on LEOSA.
Link Posted: 12/14/2014 8:23:02 PM EDT
[#12]
Link Posted: 12/15/2014 8:37:59 PM EDT
[#13]
I think they need to make an amendment to 218 that states "shall issue" upon retirement.
Link Posted: 12/15/2014 10:06:51 PM EDT
[#14]
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Quoted:
I know of one State Trooper that got locked up because of no I.D. when he tried to pick up a prisoner even though he was in uniform. A Lt.had to come claim him.
.
View Quote


If I were that officer's LT I would have said, "Hold him for 30 days! If no one claims him, he's YOUR'S!"




ETA: Sorry, guys. That was too juicy a target of opportunity to let slide.
Link Posted: 12/16/2014 3:29:10 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


That's what happened in my case. I was commissioned by the FD cause I was a Fire Marshal and required to be certified as a police officer by the state. When I retired, the Fire Chief refused to sign off on LEOSA.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I think he is referring to a retired ID card. If a department refuses to issue a retired ID card, the retired officer is screwed as far as LEOSA.


That's what happened in my case. I was commissioned by the FD cause I was a Fire Marshal and required to be certified as a police officer by the state. When I retired, the Fire Chief refused to sign off on LEOSA.


Have you tried to contact the entity that certified you as a police officer?
Link Posted: 12/16/2014 4:28:54 PM EDT
[#16]
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Quoted:
I think they need to make an amendment to 218 that states "shall issue" upon retirement.
View Quote


I think they should as well, hence my contacting my elected rep here in NC, requesting that this be done in the next long session. I started this thread with the hope of conversation on the issue, hence my questions of, "how can we get more states to become "shall issue" on LEOSA?", and "What is taking the states so long to do this?"

As I understand the issue, and someone more knowledgeable may correct me, LEOSA sets a federal standard for what qualifies as an officer (retired/separated/active) and also sets some limits on where you may carry, but it doesn't  overstep the states in everyway. As with the case that Tango7 mentioned Moore v. Trent, as well as other cases such as McKinley v. City of Topeka, and Johnson v. NY State Dept. of Corrections, even though the federal law portion of LEOSA requires a photo id and recent qualification to be covered under LEOSA, the federal law itself does not require a department to issue the photo id or provide a qualification. Rather it is left to the states to set forth requirements, which vary from "shall issue" to "may issue" to silence on the issue depending on the state in question. For an example of a "shall issue" requirement, look at the PA example I listed for Steve_in_PA. I can list some other states laws to show differences, though I do readily admit I do not have all 50 states. I do have several listing "shall issue" and "may issue" to show the difference. Unfortunately, when I mention "shall issue" vs "may issue" people tend to connect it to typical concealed carry, but it is an important part of LEOSA.

It is evidently up to the states to adopt "shall issue" IMO so I wonder what interest level is there to do this? Is there a better way to address this issue?
Link Posted: 12/16/2014 9:12:23 PM EDT
[#17]
The  problem, for us, is that the CLEO can decide whether or not to issue the HR218 credentials.
Link Posted: 12/17/2014 2:47:42 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Have you tried to contact the entity that certified you as a police officer?
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
I think he is referring to a retired ID card. If a department refuses to issue a retired ID card, the retired officer is screwed as far as LEOSA.


That's what happened in my case. I was commissioned by the FD cause I was a Fire Marshal and required to be certified as a police officer by the state. When I retired, the Fire Chief refused to sign off on LEOSA.


Have you tried to contact the entity that certified you as a police officer?


Yes, I have. According to them, it's the responsibility of my employing agency. I spent several hours trying to talk to the Chief about it and he refused.
Link Posted: 12/20/2014 9:36:11 AM EDT
[#19]
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Quoted:


Yes, I have. According to them, it's the responsibility of my employing agency. I spent several hours trying to talk to the Chief about it and he refused.
View Quote



I bet he was just playing CYA.

I'd bet a lot of CLEOs are afraid of turning former cops loose with CCWs for a number of reasons (all bullshit)
Link Posted: 12/21/2014 12:29:53 AM EDT
[#20]
Link Posted: 12/21/2014 2:20:00 PM EDT
[#21]
The "retired" ID's we issue to our guys don't have a red stripe. I'm not aware if any statewide regulation. I assume its an individual department's policy.
Link Posted: 12/22/2014 4:55:13 AM EDT
[#22]
I have seen them, said retired, I will let you know in about 3 years when I get mine, of course my deparetment is so cheap they may not afford a red stripe
Link Posted: 12/22/2014 11:00:19 AM EDT
[#23]
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Quoted:



I retired from a NJ municipal agency in 2011. No red stripe on my card. When I left there were no uniform requirements for Police ID cards. When did the new rules start?

Mike
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Quoted:
Quoted:
That makes sense, NJ has specifications to keep their cards uniform, Retired has a red stripe saying retired



I retired from a NJ municipal agency in 2011. No red stripe on my card. When I left there were no uniform requirements for Police ID cards. When did the new rules start?

Mike


Mine doesn't have a red stripe either. RETIRED is typed in red on an orange card.  Active duty law enforcement I.D.s all look the same after some policy after 9/11 where medical info is bar coded on the back.
Link Posted: 12/22/2014 12:22:21 PM EDT
[#24]
That was an old retired ACPD cop, that was flashing it and acting like an ass
Link Posted: 12/23/2014 8:18:41 PM EDT
[#25]
There should also be a requirement to let retirees shoot. Tons of places won't let "outsiders" shoot on their range. If your dept won't let you shoot,and no other dept will, you're screwed too.
Link Posted: 12/25/2014 10:30:24 AM EDT
[#26]
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