Section 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.

The provisions of this § 221.31 amended December 5, 2014, effective December 6, 2014, 44 Pa.B. 7550. Immediately preceding text appears at serial pages (345106) and (345107).

Notation

Authority

The provisions of this § 221.31 amended under section 7 of the Retired Law Enforcement Identification Act (53 P. S. § 753.7).