Title 37—LAW MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION [ 37 PA. CODE CH. 221 ] Retired Law Enforcement Officers Identification and Qualification Cards [44 Pa.B. 7550]
[Saturday, December 6, 2014]The Municipal Police Officers' Education and Training Commission (Commission) amends §§ 221.21, 221.31, 221.34 and 221.35 to read as set forth in Annex A.
Effective Date
The final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
This final-omitted rulemaking is authorized under section 7 of the Retired Law Enforcement Identification Act (act) (53 P. S. § 753.7).
Submission as Final-Omitted Rulemaking
These amendments were submitted as a final-omitted rulemaking under section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3)), known as the Commonwealth Documents Law (CDL), because the persons affected are certain retired law enforcement personnel who are generally aware of and in favor of the amendments. Moreover, the amendments do not alter eligibility requirements for retired officers who are already eligible, but rather broadens eligibility for retired or separated officers to carry a concealed firearm under the Law Enforcement Officers Safety Act of 2004 (LEOSA). While not required, notice will be given to certain major groups representing retired law enforcement, including the State Fraternal Order of Police.
Background and Need for the Final-Omitted Rulemaking
In 2004, sections 2 and 3 (18 U.S.C.A. §§ 926B and 926C), known as LEOSA, were added to the Federal Gun Control Act of 1968. LEOSA authorizes qualifying state and local police to carry their firearms throughout the United States by pre-empting most state laws. This privilege is also extended to qualified retired law enforcement officers provided they possess appropriate identification and qualify with the firearm they carry. Commonwealth law did not provide for identification cards or qualification cards for retired police. Therefore, the act was enacted to provide a uniform system for the identification and qualification of eligible retired officers in light of the Federal enactment related to these individuals.
The Commission was given the responsibility to administer the act and to promulgate regulations. The regulations mirror the original eligibility requirements for retired officers in LEOSA. However, LEOSA was amended in 2010, including changing the requirements for a retired officer to be eligible to carry a concealed firearm. The amendments to §§ 221.21 and 221.31 (relating to eligibility) are necessary to bring them into conformance with the 2010 amendments to LEOSA, specifically changes to section 3, regarding carrying of concealed firearms by qualified retired law enforcement officers.
Sections 221.21 and 221.31 formerly tracked the pre-2010 LEOSA definition of a ''qualified retired law enforcement officer.'' The 2010 amendment to the definition primarily served to change references in section 3 of the LEOSA from ''retired'' to ''separated,'' reduced the required years of service from 15 years to 10 years, completely replaced the requirement to have certain rights to benefits in a retirement plan and added a subsection regarding mental health findings. The amendments also revised other sections, including language pertaining to firearms qualifications.
For the sake of consistency and clarity, the Commission believes that the regulations should be amended to reflect the 2010 amendments to LEOSA. This will serve to make the regulations consistent, as they already define a retired law enforcement officer in § 221.2 (relating to definitions) as a ''qualified retired law enforcement officer as defined in 18 U.S.C. § 926C(c) (relating to carrying of concealed firearms by qualified retired law enforcement officers).'' This is also the definition used in section 3 of the act (53 P. S. § 753.3). The amendment will also further the intent of the original legislation, which was enacted to specifically address the Federal mandate. See section 2 of the act (53 P. S. § 753.2).
The Commission believes that issuance of identification cards to Federally eligible individuals will be furthered by amending the regulations and removing ambiguity.
The other amendments in this final-omitted rulemaking are designed to correct minor typographical errors in the existing regulations.
Description of the Final-Omitted Rulemaking
Sections 221.21 and 221.31 are amended to be consistent in all respects with section 3 of LEOSA. This is accomplished by amending these sections to track the current Federal law by specifically referencing the definition of ''retired law enforcement officer.'' Section 221.21 has been amended by deleting paragraphs (1)—(5) and stating the individual must meet the definition of ''retired law enforcement officer.'' Section 221.31 was also amended to include a similar requirement and language was added to renumbered paragraph (3)(iii) and (iv).
The amendments to §§ 221.34(b) and 221.35 (relating to replacement; error or change in material information; and challenge to issuance of qualification card) correct typographical errors.
Fiscal Impact and Paperwork Requirements
The final-omitted rulemaking will not have adverse fiscal impact on the Commonwealth, its political subdivisions or the regulated community.
The final-omitted rulemaking will not impose additional paperwork requirements upon the Commonwealth, political subdivisions or the regulated community.
Contact Person
Further information is available by contacting the Director, Training and Curriculum Development Section, Municipal Police Officers' Education and Training Commission, State Police, 8002 Bretz Drive, Harrisburg, PA 17112, (717) 346-7755, fax (717) 346-7782.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on October 10, 2014, the Commission submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and Senate Committees on Law and Justice. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on November 12, 2014, the final-omitted rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 20, 2014, and approved the final-omitted rulemaking.
Findings
The Commission finds that:
(1) Public notice of the Board's intention to amend its regulations under the procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) has been omitted under the authority of section 204 of the CDL because public comment is unnecessary.
(2) The amendment of the Commission's regulation in the manner provided in this order is necessary and appropriate for the administration of the act.
Order
(a) The regulations of the Commission, 37 Pa. Code Chapter 221, are amended by amending §§ 221.21, 221.31, 221.34 and 221.35 to read as set forth in Annex A.
(b) The Chairperson of the Commission shall submit this order and Annex A to the Office of Attorney General and Office of General Counsel as to legality and form as required by law.
(c) The Chairperson of the Commission shall submit this order and Annex A to the House and Senate Committees and IRRC as required by law.
(d) The Chairperson of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect upon publication in the Pennsylvania Bulletin.
COLONEL FRANK NOONAN,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 7622 (December 6, 2014).)
Fiscal Note: 17-76. No fiscal impact; (8) recommends adoption.
Annex A TITLE 37. LAW PART IV. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION Subpart B. RETIRED LAW ENFORCEMENT IDENTIFICATION AND QUALIFICATION CHAPTER 221. RETIRED LAW ENFORCEMENT OFFICERS IDENTIFICATION AND QUALIFICATION CARDS Subchapter B. RETIRED LAW ENFORCEMENT IDENTIFICATION CARDS § 221.21. Eligibility.
An identification card shall only be issued to an individual who meets the definition of a retired law enforcement officer.
Subchapter C. QUALIFICATION CARD § 221.31. Eligibility.
An individual shall be eligible for a qualification card if the individual meets all of the following conditions:
(1) Resides in this Commonwealth.
(2) Meets the definition of a retired law enforcement officer.
(3) Prior to each annual qualification, completes a Pennsylvania Retired Officer Concealed Carry Acknowledgement, on a form prescribed by the Commission, attesting to all of the following, subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) and meets the following conditions:
(i) The applicant intends to fire and carry a revolver, semiautomatic or automatic weapon.
(ii) The applicant is a retired law enforcement officer.
(iii) The applicant retired or separated in good standing, specifying the public agency, city and state from which the applicant retired or separated.
(iv) The applicant did not retire or separate for reasons of mental instability.
(v) The applicant is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(vi) The applicant will not carry a firearm while under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(vii) The applicant is not prohibited by Federal or State law from receiving or possessing a firearm.
(viii) The applicant understands and acknowledges that the definition of a firearm does not include any machine gun, firearms silencer, destructive device or prohibited offensive weapon.
(ix) The applicant understands and acknowledges that the person shall meet the Commonwealth's standards for training and qualification for active law enforcement officers to carry a firearm of the same type as the applicant's concealed weapon.
(x) The applicant understands and acknowledges that when carrying the concealed weapon, the applicant shall carry Pennsylvania's qualification card, along with the identification card issued under § 221.23 (relating to identification card issuance) or identification issued by another public agency satisfying the requirements of 18 U.S.C. § 926C(d) (relating to carrying of concealed firearms by qualified retired law enforcement officers).
(xi) The applicant understands and acknowledges that the qualification card expires 12 months from the date of issue and it is the applicant's responsibility to reapply if the applicant wants to continue to carry the weapon under the act and this chapter.
(xii) The applicant understands and acknowledges that this authorization applies only to the type of weapon with which the applicant qualified.
(xiii) The applicant understands and acknowledges that Pennsylvania's certification does not give him any right whatsoever to exercise law enforcement authority or take police action under any circumstances.
(xiv) The applicant understands and acknowledges that a background investigation is required and authorizes one to be conducted to determine if the applicant has been convicted of any criminal offenses or has any mental health issues that would disqualify the applicant from possessing a concealed weapon.
(xv) The applicant has not been charged with nor convicted of any felony or misdemeanor in this Commonwealth or any similar offenses under any other State or Federal law that would prohibit the applicant from possessing a firearm.
§ 221.34. Replacement; error or change in material information.
(a) Replacement. If a qualification card is lost, stolen, destroyed, mutilated or becomes illegible, the retired law enforcement officer may obtain a replacement qualification card upon request to the certified law enforcement firearm instructor and payment of the required fee.
(b) Error or change in information. If any information on a qualification card has changed, or is in error, from the information originally set forth, the retired law enforcement officer shall apply to the certified law enforcement firearm instructor and submit the required fee, for a new qualification card within 15 days of the change or discovery of the error. A fee will not be charged if the certified law enforcement firearm instructor caused the error to occur.
§ 221.35. Challenge to issuance of qualification card.
The Commission will have standing to contest issuance of any qualification card subject to §§ 203.101—203.103 (relating to notice and hearings).
[Pa.B. Doc. No. 14-2504. Filed for public inspection December 5, 2014, 9:00 a.m.]
