# Interesting LEOSA Article (and a Rhode Island question)



## msw

Police June 2020 Page 18

Not sure I agree with everything in here, but a lot of good info nonetheless. What did catch my eye, and I was curious about, was the statement that "Rhode Island only certifies it's own LEOs and does not honor any other state permits or licenses under LEOSA". This would seem to be in direct contradiction with the 2016 Duberry vs. District of Columbia Circuit Court decision, also cited in the article. Any Rhode Island cops on here care to comment?


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## Quo Vadis

Two caveats: I’m not based in RI (though I do sometimes work there), and I wasn’t able to open the link to read the article.

Based on what you posted, it sounds like RI refuses to allow retired/former LEOs from other states, residing in RI, to qualify at the range and satisfy RI’s handgun qual standards. That sucks. 

According to 18 USC 926c (the LEOSA law that applies to retirees), another option for the former LEO in this situation is to have his or her out of state former agency qualify him or her on that agency’s qual. That would satisfy the requirements, and make him or her legal to carry in RI, provided he or she met the other requirements of 926c. 

Some agencies will qualify their retirees, but many will not, and this stance by RI unfortunately leaves the latter group SOL.

Of course, you can avoid all that by not retiring to RI! A retired/former LEO, living in another state, who meets all the requirements of 926c, can carry in RI, and there’s nothing RI can legally do about it. There is absolutely no requirement for an “LEOSA permit” from RI or any such nonsense. 

The same applies to an active officer carrying off duty in RI under 926b (the statute for active officers). That officer, if s/he meets the requirements of 926b, can legally carry in RI, regardless of what RI thinks about it.


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## patrol22

msw said:


> Police June 2020 Page 18
> 
> Not sure I agree with everything in here, but a lot of good info nonetheless. What did catch my eye, and I was curious about, was the statement that "Rhode Island only certifies it's own LEOs and does not honor any other state permits or licenses under LEOSA". This would seem to be in direct contradiction with the 2016 Duberry vs. District of Columbia Circuit Court decision, also cited in the article. Any Rhode Island cops on here care to comment?


I work in RI. While the state doesn't recognize other state's concealed carry permits for civilians I have never heard of anything like what you mentioned. LE/retired creds will cover you here without issue.


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## msw

patrol22 said:


> I work in RI. While the state doesn't recognize other state's concealed carry permits for civilians I have never heard of anything like what you mentioned. LE/retired creds will cover you here without issue.


Yeah, that didn't sound right to me when I read it in that article. It would seem like such a position would open up the State or a particular agency to a lawsuit and an eventual pretty big $$$$ loss, should they try that. Thanks for your input.


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## patrol22

msw said:


> Yeah, that didn't sound right to me when I read it in that article. It would seem like such a position would open up the State or a particular agency to a lawsuit and an eventual pretty big $$$$ loss, should they try that. Thanks for your input.


No problem. I don't know where they got their info from since they never cited a RI general or anything like that.


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## res2244

De Jure vs De Facto????


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## Roy Fehler

patrol22 said:


> I work in RI. While the state doesn't recognize other state's concealed carry permits for civilians I have never heard of anything like what you mentioned. LE/retired creds will cover you here without issue.


The "Party Line" is often way out of whack with what actually happens on the street.

Even before LEOSA, I was never concerned with out-of-state officers carrying in Massachusetts. Technically they were in violation of the law by not having a non-resident LTC, but I just looked the other way.


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## mpd61

Eric Daigle wrote the article. Read the preamble. He's not a lawyer and he's not pretending his "article" is a detailed analysis of state law. Pretty sure RI WILL honor a bona fide LEOSA credential issued by former employer. The short blurb he wrote _seems_ to be about LTC's issued by any other state, presented by retired LEOS as inadequate by themselves under LEOSA.


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## soflguy

msw said:


> Police June 2020 Page 18
> 
> Not sure I agree with everything in here, but a lot of good info nonetheless. What did catch my eye, and I was curious about, was the statement that "Rhode Island only certifies it's own LEOs and does not honor any other state permits or licenses under LEOSA". This would seem to be in direct contradiction with the 2016 Duberry vs. District of Columbia Circuit Court decision, also cited in the article. Any Rhode Island cops on here care to comment?


In Florida all you have to do is find an instructor licensed by the state to qualify you on the course of fire used to certify police officers in the state


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