POLICE Logo
MenuMENU
SearchSEARCH

The Right to Bear Arms

As I boarded a flight home from meeting with members of Congress, security was tight and new alerts were announced. I considered again that despite 15 years on the job and being in the virtual ground zero for new terrorist threats, I was unarmed, unable to respond to a threat because out-of-town officers are not trusted to carry guns in the nation's capital.

The Right to Bear Arms

 

As I boarded a flight home from meeting with members of Congress, security was tight and new alerts were announced. I considered again that despite 15 years on the job and being in the virtual ground zero for new terrorist threats, I was unarmed, unable to respond to a threat because out-of-town officers are not trusted to carry guns in the nation's capital.

I couldn't help but think of a recent incident involving an officer just outside of my home state of New York. The officer who was unarmed because he was not legally permitted to carry "off-duty," saw a suspect point a gun at another driver, but he could do nothing but call 911 on his cell phone. The gunman saw him on the phone and responded, putting four shots through the officer's windshield. The officer narrowly survived.

Ad Loading...

Cops can't agree on much, but the issue of police-active and retired-carrying a concealed gun is probably the single biggest, most universally shared concern of officers nationwide. Whether through my service on the Advisory Board of Police magazine or as a Director for the Law Enforcement Alliance of America (LEAA), the most commonly repeated topic I hear when I meet with officers is, "Can I carry a gun off-duty or retired?" Currently, the answer to this question is complicated as each state has different laws (see "Concealed Carry" on page 36).

But as many of you know, there is a bill in Congress-the "Community Protection Act" (H.R. 218)-that, if passed, would create a federal concealed carry law for off-duty and retired law enforcement officers that would supersede all state laws. The force behind H.R. 218 is LEAA, a membership organization made up of police professionals, crime victims, and concerned citizens.

The fight to pass H.R. 218 has gone on for 10 years since the legislation was first drafted by LEAA and Rep. Randy "Duke" Cunningham (R-Calif.). In the last Congress, we recorded a vote of 372 out of 435 representatives for the bill. But, as often happens in Congress, the bill to which H.R. 218 was attached ultimately failed.

In this session we now have 262 Congressional co-sponsors, well beyond a majority of Congress. In addition, H.R. 218 has the support of 80 police groups.

Since 9-11, the idea of "off-duty" and retired officers being equipped to defend themselves, their families, and their communities is a no-brainer to just about everybody except one powerful man in Congress and a couple of police groups.

Ad Loading...

Despite the fact that a majority of his colleagues support it, House Judiciary Chairman James Sensenbrenner (R-WI) refuses to grant H.R. 218 a hearing or allow a vote.

Amazingly, H.R. 218 has also been opposed by some police groups. These groups suggest departments will face extra liability for the acts of armed "off-duty" officers and that "on-duty" cops will shoot those who are "off-duty" if H.R. 218 passes.

Both concerns appear well intentioned, but the experiences of cops on the street show that these fears are unfounded. In many, if not most, states, local "off-duty" officers can carry concealed statewide. Stories abound of "off-duty" officers defending themselves or others when faced with armed, violent criminals. Nationally, we are not awash with "friendly fire casualties" caused by "on-duty" officers interacting with armed "off-duty" officers. Not only are armed off-duty and retired officers not a problem, they save lives.

Consider the story of "off-duty" officer Robert Clark who found himself in a school shooting in Santee, Calif. After identifying himself as an "off-duty" officer, Clark drew his gun, confronted the killer, and helped force him to surrender, thereby preventing further death and injury. Without firing a shot, this officer was able to act and save lives.

And it's not just "off-duty" officers that are saving the day; retired officers with guns are saving lives, too. However, retired officers without guns, including a retired police chief from New Jersey, are also being killed.

Ad Loading...

"No guns for off-duty and retired cops" is not a safe policy. There are far too many cases of cops being targeted for attack simply because they are-or were-police. In the battle between the "good guys" and the "bad guys" the good guys should be allowed to have guns.

Joseph P. DeBergalis is a 15-year veteran of a New York police agency and a member of the Police Advisory Board. He also serves on the national board of directors for the Law Enforcement Alliance of America (LEAA). The opinions expressed in this editorial do not necessarily represent those of his department. For more information about LEAA and H.R. 218, visit www.leaa.org

Ad Loading...
Subscribe to our newsletter

More Weapons

patrolfinder - reducing crime thumbnail
SponsoredOctober 27, 2025

How One Police Department Cut Crime by 46% with Smarter Patrol Management

Discover how one police department cut crime nearly in half using smarter patrol data. This whitepaper breaks down the real-world strategy behind a 46% drop in vehicle thefts, improved officer safety, and stronger community visibility.

Read More →
Safariland header photo
Sponsoredby David ReederOctober 22, 2025

Is Your Duty Holster Duty Rated?

The first – and worst – time I had to fight to keep my gun, my holster and duty belt held up far better than my training did.

Read More →
Aimpoint 50th Anniversary Logo - Black Shield with White and Red Design
WeaponsSeptember 12, 2025

Aimpoint Celebrates 50 Years of Innovation and Excellence in Sighting Technology

Aimpoint is marking its 50th anniversary in 2025, celebrating five decades of red dot innovation trusted by military, law enforcement, and tactical professionals worldwide.

Read More →
Ad Loading...
WeaponsMay 1, 2025

Streamlight Introduces Long-Range Handgun Light

“Our newest weapon light provides an industry-leading level of candela for handguns, giving users enhanced visibility under low light conditions, such as when searching a dark alley,” said Streamlight President Michael F. Dineen.

Read More →
WeaponsMarch 26, 2025

Georgia Sheriff Warns Criminals They Face Felony Charges for Having Glock Switches

This device by itself, regardless if it is installed on a slide or not, is classified by the ATF to be a machine gun, which is illegal to possess,” the Bibb County Sheriff’s Office said.

Read More →
WeaponsMarch 26, 2025

NYPD Building Quieter Training Range

The police department says the largely enclosed new facility will reduce the noise from the shooting range, also used by bomb squad trainees and Correction officers, which has been active since 1960.

Read More →
Ad Loading...
WeaponsMarch 25, 2025

Bills to Let Officers and LE Retirees Carry in No-Gun Zones Reintroduced in Congress

The legislation would permit LEOSA-qualified officers and law enforcement retirees to carry in state, local, and private property otherwise open to the public; national parks; certain federal public access facilities; and school zones.

Read More →
PatrolMarch 12, 2025

The POLICE Pistol Optics Survey

The survey of working officers shows that police have embraced handgun optics with great enthusiasm. Of the officers who completed our entire survey, 77% said their agencies allow them to use handgun optics on duty.

Read More →
PatrolFebruary 12, 2025

Seattle City Council Votes to Reauthorize Police Use of Less-Lethal Weapons During Riots

The new ordinance allows police to use non-lethal weapons such as blast balls and pepper spray but requires those methods to be approved by the chief of police.

Read More →
Ad Loading...
WeaponsJanuary 24, 2025

SHOT SHOW 2025: Mossberg Releases 590M Breacher Professional Series

The design of the 590M provides balance and weight distribution and increased capacity while also allowing for the more compact conditions often required for breaching.

Read More →