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Retired Atlanta Police: Possession of a Firearm
by: Lou Arcangeli, Retired, APD
APFMA Past President and Current Webmaster
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This information if provided as a reference service to retired Atlanta Police Officers and APFMA members. It is based on 2008 information. This web page
SHOULD NOT be interpreted as a duty to carry a firearm, and does not cover all applicable statutes, regulatory requirements, safety standards and
responsibilities on firearm possession and use. If in doubt, contact your county district attorney or the Georgia Police Academy for clarification.
These views and statements are merely the opinion of the editor and are not the official views of the Atlanta Pension Fund Membership Association, its Board
of Directors or its members. LA (Feb 2, 2007)
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Many retired officers have asked me for the state and federal statutes regarding retired law enforcement officers carrying
concealed firearms. The short answers to most of these questions are:
- If you are in Georgia you are OK.
- If you are in another State you need to check. (see below)
- By meeting all requirements of the "Law Enforcement Officers Safety Act" you can carry a concealed firearm in any of
the 50 states, with some restrictions.
I have attempted to provide relevant code sections and internet links to source information below.
In Georgia, and in several other states, retired Atlanta Police officers are afforded the right to carry a concealed firearm if
they have proper identification. A retired Atlanta Officer can carry a concealed firearm in Georgia if they do one or more of
the following:
1. Possess a "Retired Officer credential or ID card" from APD. (For retired APD officers NOT in the Reserve)
2. Maintain current POST certification by membership in the Atlanta Police Reserve program.
3. Obtain a concealed weapons license through the probate court of their county of residence.
4. Complete the Georgia Public Safety Training Center training and qualification course and other requirements
as specified by the Law Enforcement Officers Safety Act of 2004.
Information is divided into four sections below:
- Georgia Code
- Private property Rights
- Federal Code
- Additional Reference Material
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Georgia Code
16-11-130. (a) Code Sections 16-11-126 through 16-11-128 (copy provided below) shall not apply to or affect any
of the following persons if such persons are employed in the offices listed below or when authorized by
federal or state law, regulations, or order:
.....
4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia,
including any college or university police officer that is registered or certified by the Peace Officer Standards and Training
Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the
State of Georgia, including any college or university police officer that was registered or certified at the time of his or her
retirement by the Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the
Peace Officers´ Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and
receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.
...law enforcement officer(s) referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty
anywhere within the state and the provisions of Code Sections 16-11-126, 16-11-127 and 16-11-128 shall not apply to the
carrying of such firearms.
To see the entire Georgia Code, section 16-11-127, go to:
http://www.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/11/130
________________________________________________________________________
Georgia Code Sections Not Applicable to retired officers
(16-11-126 through 16-11-128) based on Georgia Code 16-11-130
16-11-127. Carrying a weapon at a public gathering:
(a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he carries to or while at a
public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.
(b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting
events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments
at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise
prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this
part.
(c) This Code section shall not apply to competitors participating in organized sport shooting events.
Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates,
solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings.
16-11-126. Concealed Weapons:
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or
her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for
the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of
his or her home or place of business, except as permitted under this Code section.
16-11-128. Carrying a pistol without a license
(FYI: Retired APD and other law enforcement officers can obtain a license to carry a pistol without payment of certain fees:
See section h) below. Possessing this license insures you will have concealed carry reciprocity with 21 other states. IMPORTANT NOTE: To
obtain this license DOES NOT require annual certification and training.)
h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who
has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such
person as a law enforcement officer shall be entitled to be issued a license as provided for in this Code section without the
payment of any of the fees provided for in this Code section. Such person must comply with all the other provisions of this
Code section relative to the issuance of such licenses. As used in this subsection, the term "law enforcement officer"
means any peace officer who is employed by the United States government or by the State of Georgia or any political
subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give
his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such
term shall include conservation rangers.
http://www.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/11/129
NOTE: In 2008 the State of Georgia revised its agreements of "Firearms Statute Reciprocity".
Georgia now reciprocates in recognizing firearms licenses with the following 23 states: Alabama, Alaska, Arkansas,
Arizona, Colorado, Florida, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New
Hampshire, North Carolina, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah and Wyoming. "As
always, Georgia firearms permit holders should familiarize themselves with the individual requirements and limitations on
firearms permits in any of the reciprocating states where they wish to exercise their rights under this reciprocity program."
Source: January 15, 2008 Letter from the Attorney General Baker available online
at:http://law.ga.gov/00/press/detail/0,2668,87670814_103214659_103850559,00.html
Editors notes: 1. South Carolina is our only bordering state without firearls license reciprocity.
2. The above State of Georgia statute(s) DO NOT override Federal statutes regarding possession of a firearm. LA
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Private Property Rights
Use good judgement and do not attempt to carry a firearm into an airport, a government building, or restricted private
property without formal approval. (For example both the Georgia Aquarium and the CNN Center "behind the scene" tour
DO NOT allow firearms. While it may be your right to carry a firearm, it is their right to establish operating rules for the
facility and deny you access if you are armed.
(NOTE: Just because you have a fishing license don't try to bring your rod and reel into the aquarium... "No guns, knives,
lighters, matches or fishing poles are permitted inside Georgia Aquarium." See:
http://www.georgiaaquarium.org/visitUs/generalinformation.aspx )
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Federal Code
HB 218, The Law Enforcement Officers Safety Act, exempts qualified current and retired law enforcement officers from
State laws prohibiting the carrying of concealed handguns.
This is only applicable to retired officers who meet the same state standards for training and qualification as active officers
in order to be eligible to carry a firearm.
To learn more about the certification, or attend the required firearms training and qualification course see the "Retired
Officer Training" section at: http://poab.georgia.gov
The State of Georgia Police Academy conducts a one day course that includes both classroom training and revolver and/or
semi-auto qualification. The course requires advance registration and costs $100. This is an excellent program but it is not
firearms training class! It is a firearms certification and standards course. If you fail to achieve the minimum standard you
will fail the course and NOT receive your certification. You will have the opportunity to register (and pay another $100) to
attempt to complete the certification. Practice before you participate.
Many county and local police departments provide this training free to their retired officers.
To learn more about "The Law Enforcement Officers Safety Act of 2004" see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ277.108
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Additional Reference Materials
To see an interesting web page applicable to active and retired officers see "The Law Enforcement Safety Act of 2004" by
Craig E. Ferrell Jr., Deputy Director and Administrative General Counsel Houston Police Department, Houston, Texas. The
Police Chief Magazine, vol. 71, no. 10, October 2004. Published by IACP.
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=425&issue_id=102004
Another interesting web page on the Law Enforcement Officer Safety Act is the New Jersey Lawman web page.
The state of New Jersey does not allow hollow-point ammunition and they will prosecute police officers in possession of this
effective felon stopping non-over-penetrating ammunition. Go figure?
See:http://njlawman.com/Feature%20Pieces/HR%20218.htm
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FYI
Court Affirms Law Enforcement Officers Safety Act:
(Excerpt from Feb 2009 GBI Bulletin)
Court Rules Cops Can Carry Guns .. Nationwide!
SPRINGFIELD, Va., Nov 18, 2008 /PRNewswire-USNewswire via COMTEX/ --
Good Guys Can Fight Back -Criminals Beware!
A ruling on a case from South Dakota --where off-duty law enforcement officers were criminally charged for carrying guns
despite the authority to do so under the federal 'Law Enforcement Officer's Safety Act of 2004'(LEOSA) --has confirmed
that all qualified off-duty and retired law enforcement are allowed, by federal law, to carry a concealed gun for personal
self-defense irrespective of state law. The federal law supersedes the crazy, confusing and often conflicted state and local
laws that limit legitimate self-defense.
LEAA's Executive Director, Jim Fotis said, "When LEAA co-authored the original draft of what became affectionately known
as 'National Cop Carry' back in the early 1990's, I knew it would save cops' lives and give those who choose to resist violent
criminals a fighting chance. In 2004 I shook President Bush's hand after he signed our bill into law and rejoiced that our
fight --for more than a decade --was finally over!"
The local prosecutor's apparent effort to challenge the federal law, and send a message to all in law enforcement not to
carry a gun for self-defense in South Dakota, was soundly rejected! Thankfully, after careful review, the gun charges
against the officers were dismissed. "The Judge's crystal clear and unambiguous legal opinion should be required reading
for every prosecutor in the nation so that no other law enforcement professionals, active or retired, have to endure what
those officers and agents have endured in South Dakota," declared Carl Rowan, LEAA's Vice President.
Robert Van Norman and Kenneth Orrock, Attorneys for the officers, said "We are pleased with the court's decision, as it
reaffirms the intent of the Law Enforcement Officers Safety Act and in effect will protect law enforcement officers and our
communities. The law enforcement community should find comfort that LEOSA has been properly applied in this case."
A copy of the Judge's memorandum decision --and extensive background information on LEOSA --is available at the LEAA
website: http://www.leaa.org
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