PROPOSED RULEMAKING
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
[ 37 PA. CODE CH. 221 ]
Retired Law Enforcement Officers Identification and Qualification Cards
[38 Pa.B. 1486]
[Saturday, March 29, 2008]Description and Purpose
Under section 7 of the Retired Law Enforcement Identification Act (act) (53 P. S. § 753.7), the Municipal Police Officers' Education and Training Commission (Commission) is required to promulgate regulations necessary to carry out the provisions of the act. This proposed rulemaking provides for the eligibility, requirements, contents, issuance and replacement of identification and qualification cards for retired Pennsylvania law enforcement officers.
Statutory Authority
This proposed rulemaking is authorized under section 7 of the act.
Effect
This proposed rulemaking will affect former law enforcement officers who retired from Pennsylvania law enforcement agencies.
Effective Date/Sunset Date
This proposed rulemaking will be continually monitored and updated as needed. Therefore, no sunset date has been set.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (act) (71 P. S. § 745.5(a)), on March 14, 2008, the Commission submitted a copy of the proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee. A copy of these materials are available to the public upon written request.
Under section 5(g) of the act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days after the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The act specifies detailed procedures for review, prior to final publication of the regulation, by the Commission, the General Assembly and the Governor of comments, recommendations or objections raised.
Contact Person/Public Comment
Interested persons wishing to comment are invited to submit all written comments within 30 days of the publication of this notice in the Pennsylvania Bulletin. Each written comment must include the name, address and telephone number of the interested party and a concise statement with sufficient detail on the subject. Written statements may be directed to Syndi L. Guido, Policy Director, Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-0905. Persons with a disability and who require an alternative format of this document (such as, large print, audio tape, Braille) may contact Syndi Guido so that she may make the necessary arrangements.
COL. JEFFREY B. MILLER,
CommissionerFiscal Note: 17-75. (1) General Fund and Motor License Fund;
General Fund Municipal Police Training Motor License Fund Municipal Police Training (2) Implementing
Year 2007-08$0 $0 (3) 1st Succeeding
Year 2008-09$14,000 $14,000 2nd Succeeding Year 2009-10 $14,000 $14,000 3rd Succeeding Year 2010-11 $14,000 $14,000 4th Succeeding Year 2011-12 $14,000 $14,000 5th Succeeding Year 2012-13 $14,000 $14,000 (4) General Fund Municipal Police Training Motor License Fund Municipal Training 2006-07 Program--$3,846,000 $3,846,000 2005-06 Program--$3,846,000 $3,846,000 2004-05 Program--$3,509,000 $3,509,000 (8) No fiscal impact; recommends adoption. The Pennsylvania State Police/Municipal Police Officers' Education and Training Commission will fund the additional expenses through their existing budgets.
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 Subch.
A. GENERAL PROVISIONS
B. RETIRED LAW ENFORCEMENT INDENTIFICATION CARDS
C. QUALIFICATION CARD
Subchapter A. GENERAL PROVISIONS Sec.
221.1. Purpose. 221.2. Definitions. § 221.1. Purpose.
This chapter provides for the issuance of identification and qualification cards for retired law enforcement officers as provided under section 7 of the act (53 P. S. § 753.7), regarding rules and regulations.
§ 221.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Retired Law Enforcement Identification Act (53 P. S. §§ 753.1--753.9).
Certified law enforcement firearm instructor--An individual who possesses a current police firearms instructor rating from the National Rifle Association, the Pennsylvania State Police, the Municipal Police Officers' Education and Training Commission, the Deputy Sheriffs' Education and Training Board, the Federal Bureau of Investigation, the Smith & Wesson Academy, the Philadelphia Police Academy or the United States Secret Service or other certification approved by the Municipal Police Officers' Education and Training Commission.
Commission--The Municipal Police Officers' Education and Training Commission.
Commonwealth's standards for training and qualification for active law enforcement officers to carry a firearm--The standards established by the law enforcement agency from which an officer retired or by the Commission for training and qualification to carry a firearm of the same type as the concealed firearm, provided that the Commission does not charge a fee to certified law enforcement firearm instructors and officers for the standards, whether access to the standards is given through the Internet or some other form for publication.
Confirmation number--A unique approval number provided by the Pennsylvania State Police to the sheriff after a check of the applicant's criminal history record, juvenile delinquency record and mental health record.
Identification card--A retired law enforcement officer identification card authorized under section 4 of the act (53 P. S. § 753.4), regarding retired law enforcement identification card.
Qualification card--A valid firearm training and qualification card authorized under section 5 of the act (53 P. S. § 753.5), regarding firearm training and qualification card. When carried with an identification card, a qualification card constitutes a Pennsylvania license to carry a firearm.
Retired law enforcement officer or officer--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).
Subchapter B. RETIRED LAW ENFORCEMENT IDENTIFICATION CARDS Sec.
221.21. Eligibility. 211.22. Identification card contents. 221.23. Identification card issuance. 221.24. Replacement; change in material information. 221.25. Challenge to issuance of identification card. § 221.21. Eligibility.
An identification card shall only be issued to an individual who meets the following conditions:
(1) Retired in good standing, for reasons other than mental instability, from service with a public agency as a law enforcement officer.
(2) Before retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest.
(3) Before retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more or retired from service with the public agency, after completing any applicable probationary period of service, due to a service-connected disability, as determined by the agency.
(4) Has a nonforfeitable right to benefits under the retirement plan of the public agency.
(5) Has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement offers to carry firearms during the most recent 12-month period.
(6) Is not prohibited by Federal law from receiving a firearm.
§ 221.22. Identification card contents.
(a) Identification cards must be uniform throughout this Commonwealth and on a form prescribed by the Commission.
(b) The identification card must contain the following:
(1) The caption ''Retired Law Enforcement Identification Card.''
(2) The photograph of the retired law enforcement officer.
(3) The name, address, date of birth, race, sex, height, weight, color of hair, color of eyes, and signature of the retired law enforcement officer.
(4) The signature of the law enforcement officer issuing the identification card.
(5) The name, telephone number and address of the law enforcement agency issuing the identification card.
(6) The date the identification card was issued.
(7) The statement that ''this card does not give the retired law enforcement officer any police powers, including any authority to arrest.''
(8) The statement that ''the retired law enforcement officer must carry both the identification card and qualification card in order to carry a concealed firearm.''
(9) Other information designated by the Commission.
§ 221.23. Identification card issuance.
(a) A law enforcement agency shall provide each retired law enforcement officer with an identification card, within 60 days of the officer's retirement.
(b) If an officer has retired prior to _____ (Editor's Note: The blank refers to the effective date of adoption of these regulations.), upon request of the retired law enforcement officer, a law enforcement agency shall provide the officer with an identification card, within 60 days of the officer's request.
(c) A law enforcement agency may charge a reasonable fee, not to exceed $15, for each identification card, or replacement card. The identification card may not be issued until the retired law enforcement officer has paid the fee.
§ 221.24. Replacement; change in material information.
(a) Replacement. If an identification card is lost, stolen, destroyed, mutilated or becomes illegible, the retired law enforcement officer may obtain a replacement identification card upon request to the issuing agency and payment of the required fee.
(b) Error or change in information. If any information on an identification card has changed, or is in error, from the information originally set forth, the retired law enforcement officer shall obtain from the issuing agency, within 15 days of the change or discovery of the error, a new identification card.
§ 221.25. Challenge to issuance of identification card.
The Commission will have standing to contest issuance of any identification card subject to the provisions of §§ 203.101--203.103 (relating to notice and hearings).
Subchapter C. QUALIFICATION CARD Sec.
221.31 Eligibility. 221.32 Qualification card contents. 221.33 Qualification card issuance. 221.34 Replacement; change in material information. 221.35 Challenge to issuance of identification card. § 221.31. Eligibility.
A retired law enforcement officer shall be eligible for a qualification card if the retired law enforcement officer meets one of the following conditions:
(1) Resides in this Commonwealth.
(2) Is retired from a law enforcement agency from this Commonwealth or any political subdivision thereof and 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).
(i) Prior to retirement, the applicant was employed as a law enforcement officer for an aggregate of 15 years or more or retired from service with that agency after completing any applicable probationary period of service, due to a service-connected disability, as determined by the law enforcement agency.
(ii) Whether the person intends to fire and carry a revolver, semi-automatic or automatic weapon.
(iii) The law enforcement agency from which the applicant retired has issued the applicant an identification card under § 221.23 (relating to identification card issuance).
(iv) The applicant retired in good standing, specifying the agency, city and state from which the applicant retired.
(v) Whether the applicant retired for reasons of mental instability.
(vi) The applicant is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(vii) The applicant will not carry a firearm while under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(viii) The applicant is not prohibited by Federal or State law from receiving or possessing a firearm.
(ix) 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.
(x) The applicant understands and acknowledges that he shall meet Pennsylvania's standards of requalification for active law enforcement officers to carry a firearm of the same type as the applicant's concealed weapon.
(xi) The applicant understands and acknowledges that he shall carry Pennsylvania's qualification card, along with the identification card issued by the retiring agency, when carrying the concealed weapon.
(xii) The applicant understands and acknowledges that the certification 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 this law.
(xiii) The applicant understands and acknowledges that this authorization applies only to the type of weapon with which the applicant qualified.
(xiv) The applicant understands and acknowledges that the Pennsylvania's certification does not give him any right whatsoever to exercise law enforcement authority or take police action under any circumstances.
(xv) The applicant understands and acknowledges that 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.
(xvi) The applicant has not been charged with nor convicted of any felony or misdemeanor or similar offenses in this Commonwealth or any other State or Federal law that would prohibit the applicant from possessing a firearm.
§ 221.32. Qualification card contents.
(a) A qualification card shall be issued to indicate compliance with the Commonwealth's standards for training and qualification for active law enforcement officers to carry a firearm. The qualification cards must be uniform throughout this Commonwealth and on a form issued by the Commission.
(b) The qualification card must contain the following:
(1) The caption ''Retired Law Enforcement Officer Qualification Card.''
(2) The name, address, date of birth, race, sex, height, weight, color of hair, color of eyes and signature of the retired law enforcement officer.
(3) The date of completion of the most recent firearms training and qualification by the retired law enforcement officer.
(4) An expiration date 12 months later than the date of completion of the most recent firearms training and qualification by the retired law enforcement officer.
(5) The name and signature of the certified law enforcement firearms instructor issuing the qualification card.
(6) The name and signature of a sheriff.
(7) A confirmation number provided by the sheriff who signed the qualification card.
(8) A statement that the retired law enforcement officer has a duty to surrender the qualification card when the officer becomes legally ineligible either under Federal or State law to receive, possess, use, manufacture, control, sell or transfer a firearm.
(9) Other information designated by the Commission.
§ 221.33. Qualification card issuance.
(a) A retired law enforcement officer shall produce the identification card and another form of official/governmental identification, which includes a photograph of the officer, to the certified law enforcement firearm instructor prior to participating in firearms training and qualification.
(b) A retired law enforcement officer may not participate in firearms training and qualification if the certified law enforcement firearm instructor determines that the officer presents a safety hazard to himself or others on the range or if the officer is not able to produce the two forms of identification required in subsection (a).
(c) A retired law enforcement officer shall meet the firearms standards established by the law enforcement agency from which the officer retired or the guidelines established by the Commission to carry a firearm of the same type as the concealed firearm that the officer intends to carry. As part of firearms training, the certified law enforcement firearm instructor shall provide instruction on the use of force by a civilian under 18 Pa.C.S. Chapter 5 (relating to general principles of justification).
(d) The certified law enforcement firearms instructor may issue a qualification card to a retired law enforcement officer who has met the Commonwealth's standards for training and qualification for active law enforcement officers to carry a firearm.
(e) The certified law enforcement firearm instructor shall obtain the qualification cards, for a fee of $2 for each card, from the Commission.
(f) The certified law enforcement firearms instructor shall keep a record of each qualification card issued, including the following:
(1) The name of the retired law enforcement officer to whom the qualification card was issued.
(2) The make and model of the weapons the retired law enforcement officer qualified on.
(3) The type of ammunition utilized by the retired law enforcement officer.
(4) The course of fire completed by the retired law enforcement officer.
(5) The date of qualification.
(g) Within 30 days of a retired law enforcement officer being issued a qualification card, the certified law enforcement firearm instructor shall provide the Commission with a copy of the record maintained under subsection (f).
(h) The following apply to sheriffs:
(1) Prior to signing the qualification card, in addition to other requirements contained in section 5 of the act (53 P. S. § 753.5), the sheriff shall require the retired law enforcement officer to display the identification card and another form of official/governmental identification, which includes a photo of the retired law enforcement officer. The sheriff shall make a photocopy of both forms of identification.
(2) The sheriff shall keep a record of the following:
(i) Each qualification card signed.
(ii) The name and address of the retired law enforcement officer appearing on the card.
(iii) The date the sheriff signed the card.
(3) The sheriff shall confiscate the qualification card from any retired law enforcement officer who is not issued a unique approval number. Confiscated qualification cards shall be returned to the Commission.
(4) The sheriff shall collect the expired qualification card from the retired law enforcement officer and return the card to the Commission.
(5) Within 30 days of signing a qualification card, the sheriff shall provide the Commission with a copy of the record maintained under paragraph (2).
§ 221.34. Replacement; 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 obtain a new qualification card from the certified law enforcement firearm instructor, within 15 days of the change or discovery of the error.
§ 221.35. Challenge to issuance of qualification card.
The Commission will have standing to contest issuance of any identification card subject to §§ 203.101--203.103 (relating to notice and hearings).
[Pa.B. Doc. No. 08-578. Filed for public inspection March 28, 2008, 9:00 a.m.]
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