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Department of Public Safety Standards and Training

HR218
DPSST Memo HR 218
Links relating to HR 218
HR 218 Agency Information
DPSST Memo HR 218
Law Enforcement Officers Safety Act of 2004 (HR 218)
 
On July 22, 2004, President George W. Bush signed into legislation a new federal law, which exempts law enforcement officers from state laws prohibiting carrying concealed firearms.  The law allows “qualified” law enforcement officers, current or retired, to carry a concealed firearm in any state without a concealed handgun permit.  An officer becomes “qualified” if he or she is a currently certified officer and:
 
 
1.       Has full arrest powers;
 
2.       Is authorized by his or her agency to carry a firearm;
 
3.       Is not the subject of any disciplinary action by their employing agency;
 
4.       Meets their employing agency’s firearms qualification requirements;
 
5.       Is not under the influence of drugs or alcohol; and
 
6.       Is not prohibited by federal law from possessing a firearm.
 
 For a retired officer, the officer must meet the following to be “qualified”:
 
 
1.       Retired in good standing;
 
2.       Prior to retirement had full arrest powers;
 
3.       Had 15 or more years of employment as a law enforcement officer; or
 
4.       Retired due to a service connected disability;
 
5.       Has a non-forfeitable (vested) right to retirement benefits with employing agency;
 
6.       During prior 12 months met state’s firearms qualifications; and
 
7.       Is not under the influence of alcohol or drugs.
 
 
In Oregon, ORS 166.250 generally prohibits a person from carrying a firearm concealed upon the person.    However, ORS 166.260 creates an affirmative defense to prosecution for “Sheriffs, constables, marshals, police officers, whether active or honorably retired, parole and probation officers or other duly appointed peace officers.”  This statute is not limited to Oregon law enforcement officers on its face, so it also applies to officers from out of state.
 
Oregon presently allows retired officers to carry concealed handguns and without the “qualification” requirements of the federal law.  In particular, the federal law is limited to retired officers who have either 15 years employment or suffered a service-connected disability, which would significantly limit its reach regarding out-of-state officers.
 
HR 218 DOES NOT specifically supersede state law regulating possession of firearms in public buildings such as courthouses and schools; the only application is to carrying concealed handguns.  Therefore, a retired officer MAY NOT carry a concealed handgun in a public building, as is prohibited in ORS 166.370 - the new law does not change this.
 
With this Oregon law in mind, the issue for Oregon’s law enforcement officers is making sure Oregon, through DPSST, certifies that retired officers have met Oregon’s firearms training requirements every 12 months, then that retired officer may lawfully carry a concealed handgun in other states. 
 
In an attempt to provide answers to the many questions regarding this new federal legislation we (DPSST) created an Oregon HR 218 Information Packet that was sent out to each law enforcement agency.  The packet includes the Oregon approved Course of Fire for HR 218 compliance, sample Oregon HR 218 Firearms Qualifications Card, and other resources.  Law enforcement agencies, and honorably retired law enforcement officers, with questions can contact Deputy Director Eriks Gabliks at DPSST by phone at 503-378-2332 or by e-mail at eriks.gabliks@state.or.us
 
State Standard Course of Fire for Retired Officers The Department of Public Safety Standards and Training (DPSST) has received a number of calls regarding the section of this legislation that deals with retired police officers.  The Police Policy Committee of the Board on Public Safety Standards and Training approved the DPSST Basic Police Practical Qualifications Course (PQC) to meet the requirement of this legislation.  A number of agencies wish to provide the firearms qualifications for either retirees from their agency or for retirees from other agencies who live in their community.  We have sent the PQC for agencies who wish to provide this program.  This document will only be sent to law enforcement agencies or private firearms training facilities with honorably retired law enforcement officers on their cadre.
 
State Standard Firearms Qualification Card for Retired Officers In addition to the PQC, Oregon through DPSST has created a state standard firearms qualification card for retirees who qualify under this program.  We ask that if your agency qualifies retirees in firearms you use this state standard format so that officers who encounter this card have a method to verify its validity.  Questions regarding the Oregon HR 218 Firearms Qualification Card should be directed to Deputy Director Eriks Gabliks at DPSST by phone at 503-378-2332 or by e-mail at eriks.gabliks@state.or.us
 
Firearms Facilities Network for Retired Officers We realize many agencies are having budget and staffing challenges and as a result many agencies may not be able or willing to provide firearms qualifications for retired law enforcement officers.  If your agency wishes to provide the firearms qualifications you may charge the retiree a fee for this service.  It is the goal of DPSST to provide retirees with a resource system that provides retirees with contact information for law enforcement agencies, as well as approved private firearms ranges, that are providing HR218 qualifications for retirees.  If you are interested in being on the HR 218 firearms qualification system please contact Deputy Director Eriks Gabliks at DPSST by phone at 503-378-2332 or by e-mail at eriks.gabliks@state.or.us.  This list will be maintained on DPSST’s web page and updated as necessary.
 
 
 
Challenges to Date
 
The HR 218 Program was approved by the Police Policy Committee of the Oregon Board on Public Safety Standards and Training in the winter of 2004.  DPSST rolled-out the program soon after in February 2005.  The challenges to local law enforcement agencies have been minimal.  Offering the HR 218 program is optional and not required.  A number of private firearms ranges, who employ honorably retired law enforcement firearms instructors, are involved in the HR 218 Program and play an important role.  The largest challenge to date has been that which is experienced by retired police officers who did not receive photo identification cards when they retired from their respective agency.  If a retiree wants to carry a firearm our of state under HR 218 they are required to carry both the Oregon HR 218 Firearms Qualification Card and a photo identification card from their former employer indicating they are honorably retired.
 
Links relating to HR 218
Law Enforcement Officers Safety Act of 2003
 
International Association of Chiefs of Police Article
 
 
HR 218 Agency Information
HR 218 Agency Information

Agency
 Contact Person
 Phone
 E-mail
Agency
Retirees
Only
Other
Agency
Retirees
 Comments
Aurora Police Dept.
 Chris Conboy
 503.678.1284
 apdchief@ci.aurora.or.us
X
 
  
Baker City Police Dept.
 Jay Lohner
 541.524.2012
 jlohner@bakercity.com
X
 
  
Baker Co. Sheriff’s Office
 Rich Kirby
 541.523.6415
  
X
X
 Fee
Beaverton Police Dept.
 Chris Lamberger
 503.526.2660
 clamberger@ci.beaverton.or.us
X
 
  
Boardman Police Dept.
 Chief John Zeiler
 541.481.6071
 copjz@cityofboardman.com
X
X
  
Brookings Police Dept
 Sgt Jess Oliver
 541.469.3118 x 2207
 joliver@brookings.or.us
 
 
X
  
Burns Paiute Tribal Police Dept.
 Sgt. Darrell Gilmer
 541.573.2793
 Darrell.gilmer@burnspaiute-nsn.gov
X
X
  
Clackamas Co. Sheriff’s Office
 Wayne Burgin
 503.353.4644
 www.co.clackamas.or.us/sheriff
X
X
 Fee
Cottage Grove Police Dept.
 Britt Munoz
 541.942.9145
 Britt@cgpolice.org
X
X
  
Crook Co. Sheriff’s Office
 Det. Travis Jurgens
 541.447.6398
 Ccso.detjurgens@psnet.us
X
X
  
Deschutes Co. Sheriff’s Office
 Paul Garrison
 541.617.3380
 paulg@deschutes.org
X
X
  
Eugene Police Dept.
 Roger Thies
 541.914.0466
 Thiesro@aol.com
X
 
  
Florence Police Dept.
 Harry Johnson
 541.997.3515
 Harry.Johnson@ris.lane.or.us
X
X
 Fee
Forest Grove Police Dept.
 Sgt. Kevin Ellingsburg
 503.992.3260
 kellingsburg@ci.forest-grove.or.us
X
X
  
Gearhart Police Dept.
 Jeffrey Bowman
 503.738.5501
 jhogpd@hotmail.com
X
 
  
Gold Beach Police Dept.
 Paul Giovannetti
 541.247.6671
 paul@goldbeachpolice.com
X
 
 Fee
Gold Hill Police Dept.
 Hank Hobart
 541.855.1484
 policedepartment@ci.goldhill.or.us
X
 
  
Grants Pass Dept. of Public Safety
 Det. Sgt. Rob Gunderson
 541.474.6370
 rgunderson@ci.grants-pass.or.us
X
 
  
Hines Police Dept.
 William Garrett
 541.573.2251
 Officer52@hotmail.com
X
X
 Fee
Hubbard Police Dept.
 Chief David Dryden
 503.981.8738
 ddryden@cityofhubbard.org
X
X
 Fee
Jackson Co. Sheriff’s Office
 Greg Gritsch
 541.774.6829
 gritscgv@jacksoncounty.org
X
X
 Fee
Lake Oswego Police Dept.
 Darryl Wrisley
 503.635.0250
 wrisley@ci.oswego.or.us
X
 
  
Lakeview Police Dept.
 Kevin Woods
 541.947.2504
 KevinnBailey@yahoo.com
X
 
  
Lincoln City Police Dept.
 Mike Leake
 541.994.3636
 mleak@lincolncity.org
X
 
  
Malheur Co. Sheriff’s Office
 Brian Wolfe
 541.473.5126
 bwolfe@malheurco.org
X
X
  
Marksmanship Consultants
 Gary Crane
 360.263.2587
360.263.0803
 marksmanshipconsultants@tds.net
 
X
 Fee
Milwaukie Police Dept
 Steven Bartol
 503.786.7416
 bartols@ci.milwaukie.cr.us
X
X
      
Morrow Co. Sheriff’s Office
 Phil Morris
 541.676.5317
  
X
X
  
Myrtle Point Police Dept.
 AC “Rock” Rakosi
 541.572.2124
 mppchief@uci.net
X
X
  
Nyssa Police Dept.
 Dave Page
 541.372.2265 x 7
 nyssasgt@cubewireless.com
X
X
  
Ontario Police Dept.
 Rick Esplin
 541.889.7266
 resplin@ontariooregon.org
X
 
  
Oregon Arms Company
 David Ayde-lotte
 541.523.5867
dave.dydelotte@state.or.us
X
 
  
Oregon City Police Dept.
 Chad Weaver
 503.657.4964
 cweaver@ci.oregon-city.or.us
X
X 
 Fee
Oregon Firearms Academy
 Rick Benson
 541.451.5532
 www.oregonfirearmsacademy.com
 
X
 Fee
Oregon Private Security Academy, LLC
 Robert Henderson
 503.394.3392
 Rj751@aol.com
 
X
 Fee
Polk Co. Sheriff’s Office
 Sgt. Eric Shepherd
 503.623.9251
 Shepherd.eric@co.polk.or.us
X
 
  
Port of Portland Police Dept.
 John Richards
 503.460.4217
 richj@portptld.com
X
 
  
Redmond Police Dept.
 Capt. Gary DeKorte
 541.504.3433
 gary.dekorte@ci.redmond.or.us
X
X
 Fee
Reedsport Police Dept.
 Carey Jones
 541.271.2100
 cjones@reedsport.or.us
X
X
  
Scappoose Police Dept.
 Doug Greisen
 503.543.3114
 dgreisen@ci.scappoose.or.us
X
X
  
Springfield Police Dept.
 Sgt. Brent Carpenter
 541.726.3728
 bcarpenter@ci.springfield.or.us
X
 
  
St. Helens Police Dept.
 Ken Short
 503.397.3333
 kens@ci.st-helens.or.us
X
 
  
Sweet Home Police Dept.
 Sgt. Jason VanEck
 541.367.5181
 jvaneck@ci.sweet-home.or.us
X
X
 Fee
Tigard Police Dept.
 Lt. Jim de Sully
 503.718.2568
 JdeSully@ci.tigard.or.us
X
X
 Must be Tigard resident
Tillamook City Police Dept.
 Kurtis Wagner
 503.842.2522
 kwagner@tillamookor.gov
X
X
  
Tualatin Police Dept.
 Lt. Brad King
 503.691.4825
 bradking@ci.tualatin.or.us
X
X
 Must be Tualatin city residents
Umatilla Co. Sheriff’s Office
 Glen Diehl
 541.966.3606
 gdiehl@co.umatilla.or.us
X
 
  
Wallowa County
 Ken Pagano, Police Chief /retired
 541.432.2720
 paganok55@yahoo.com
 
X
  
Wasco Co Sheriff’s  Office
 Det. Sgt. Terry Schatter-good
 541.506.2580
 terrysc@co.wasco.or.us
 
X
 
 Fee
Warrenton Police Dept.
 Alfonzo Fontana
 503.861.2235
 afontana@ci.warrenton.or.us
X
X
  
West Linn Police Dept.
 Sgt. Randy Schleining
 503.655.6214 x 4430
 rschleining@ci.west-linn.or.us
X
X
  
Wheeler Co. Sheriff’s Office
 Sheriff David Rouse
 541.763.4101
 sheriff@ncesd.k12.or.us
X
 
  
 
 
Page updated: September 18, 2008

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