LEOSA Woes – Part 2

In Part I, we discussed how Florida requires retired law enforcement officers to shoot a qualification course designed for on-duty, active officers. This is how they will qualify for the Law Enforcement Officers Safety Act (LEOSA) carry privileges. In this second part, we’ll identify the problems this causes retirees and explore some potential remedies.

THE FLORIDA PROBLEM

 

The new (2023) course of fire established by the Florida Criminal Justice Standards and Training Commission (CJSTC) for active-duty officers introduces significant changes. These changes, such as aggressive lateral movement and increased rounds fired, are designed for on-duty officers. However, they pose a challenge for retirees seeking to qualify under LEOSA.

As previously discussed, these changes are welcome in the context of certifying active-duty officers. However, they create problems for retirees seeking to qualify under LEOSA.

One problem created by the changes is the burden it places on a retiree who may have a disability that is service-related or age-related. A retired officer with a disability may not be able to safely complete the aggressive lateral movement required by the current CJSTC standard. It’s reasonable to expect an on-duty, active officer to complete these moves. Still, a retiree with a bad back, hip, knee, or ankle might fall, injure himself, and create a safety hazard if he attempted to sidestep and shoot like that. And what about the officer who uses a wheelchair? How are they expected to comply with the sidestep standard required by CJSTC?

We should remember that these kinds of disabilities are not restricted to older adults. There are plenty of young officers who are medically retired each year after sustaining injuries on the job that render them incapable of continued service. These individuals should be allowed to carry, even if their mobility is limited if they can safely and accurately shoot from a fixed position. To discriminate against them is not only unfair but likely a violation of the federal Americans with Disabilities Act (ADA).

On-Duty or Off-Duty Focused?

An additional problem created by the new Florida standard is that the course of fire is built around the equipment used by on-duty officers—namely, service-size semiautomatic pistols backed up with several spare magazines. These are appropriate tools for on-duty use, but many retired officers (and off-duty, active officers) will find them too large and heavy for their circumstances.

Unfortunately, a retired officer who chooses to carry a subcompact or micro pistol or a small-frame revolver may find it extremely difficult to pass the revised CJSTC firearms qualification. Half of the revised stages (Stages 1, 5, 6) require round counts that cannot be reasonably accomplished with a five-shot revolver within the designated times, for example, and at least one stage (Stage 5) would be very difficult to achieve even with a six-shot revolver. This was no accident, as the workgroup of Subject Matter Experts who designed the new course of fire specifically built the standards to discourage revolver use. While this is a sensible position for on-duty officers, it makes no sense for off-duty and retired officers, who frequently (and reasonably) choose small revolvers for their concealed carry needs.

ESCAPING THE TRAP

Suppose the Florida CJSTC published an off-duty qualification standard that more accurately reflected the needs and equipment of off-duty and retired officers. In that case, it should be used to qualify retired officers for LEOSA in lieu of the current standard designed for on-duty officers.

Alternatively, if the State of Florida changed its interpretation of LEOSA and allowed individual agencies to establish and use their own standards for off-duty and retired LEOSA carry instead of holding them to the state’s on-duty standard, that would also benefit retirees seeking to qualify under LEOSA.

Options?

Absent these fixes, retirees who live in Florida still have a few options to consider if the current CJSTC qualification standard is out of reach with their current carry gear. First, the retiree can shoot the CJSTC qualification with a service-size semiautomatic to get their LEOSA endorsement, then carry a smaller, lighter gun if they choose to. The LEOSA requires retirees to qualify with the same “type” of firearm they intend to carry. Still, in this instance, “type” is a legal term used to differentiate between handguns, rifles, and shotguns, not styles of handguns (i.e., revolver or auto). Therefore, a retired LEO is free to carry any style of handgun under LEOSA, regardless of the type of handgun they qualified with. Shoot the qual with a big, easy-shooting gun with lots of ammo inside, and carry your smaller gun later.

Retirees who worked for an agency in another state can also return to that agency and shoot a qualification with them to qualify for LEOSA privileges. If the agency has the latitude to create its own qualification standards, it might even offer a LEOSA-specific qualification course designed with retirees and concealed carry equipment in mind. This may be the only solution for a disabled retiree who cannot perform the aggressive movement mandated by the current Florida standard.

REPAIRS NEEDED

The issue of disabilities, in particular, underscores the ongoing need for repairs to LEOSA. This is a crucial aspect that requires immediate attention.

While we do not want to delay consideration of Congressman Bacon’s H.R. 2243 LEOSA Reform Act, it’s important to keep the door open for discussing additional improvements in the committee process. The congressional intent surrounding qualification standards for retired officers needs to be clarified to ensure they’re not discriminated against by the states.