Posted on 09/24/2008 15:59

On July 22, 2004, H.B. 218, the �Law Enforcement Officers� Safety Act� was signed into law, ostensible permitting active police officers to carry concealed weapons outside the state in which they are employed. While many are aware of the problems that have plagued the process involving in implementing the law with respect to retired police officers, it was generally assumed that the law was self-executing with respect to active police officers. A recent case in South Dakota places the issue in doubt. The Bureau of Alcohol Tobacco and Firearms has taken the position that since the Attorney General has not taken certain required rulemaking actions, the Act has not been implemented and the exemption referred to in the Act is not yet operable. In response to this position, several organizations, including the National FOP have asserted that there is no legal basis for the position of the BATF. Thereafter, a spokesman for the BATF issued a clarification which is actually anything but. In our opinion, the provisions of the Act are self executing, and the law enforcement exemption is applicable. Nevertheless, until this issue is addressed by the Courts or definitively by the Attorney General, it would be our recommendation to approach the issue of concealed carry in another state without reciprocity with extreme caution. States with Reciprocity Agreements with Pennsylvania for concealed firearms carry can be found by clicking read more below.