Law Enforcement Officer Safety Act (LEOSA)

The purpose of this policy is to set forth the procedures for retired UW-Platteville Police Officers to obtain the LEOSA Photographic Identification Card required to authorize them to carry a concealed firearm under certain conditions

Policy: Law Enforcement Officer Safety Act (LEOSA)

Author: Chief Joseph M. Hallman

WILEAG Standard: N/A

Issue Date: March 1, 2017

Reviewed Date: March 25, 2026

Revised Date: March 25, 2026

 

Purpose:

The purpose of this policy is to set forth the procedures for retired UW-Platteville Police Officers to obtain the LEOSA Photographic Identification Card required to authorize them to carry a concealed firearm under certain conditions.

The Law Enforcement Officers Safety Act (“LEOSA”) became Federal law on July 22, 2004. Originally introduced as House Resolution 218 (H.R. 218) and codified within the provisions of The Gun Control Act of 1968 as Chapter 44, Title 18 of the United States Code § 926B and 926C, LEOSA defines two classes of law enforcement officers: currently appointed officers and separated officers. LEOSA exempts these persons from the concealed firearms carry laws of the 50 States (including the District of Columbia, Puerto Rico and U.S. Possessions), as well as the political subdivisions thereof, provided they meet LEOSA’s requirements and subject to certain exceptions.

Policy:

Any UW-Platteville Police Officer who requests the LEOSA Photographic Identification Card will follow the procedures and requirements defined below.

Notwithstanding the definitions stated in University of Wisconsin-Platteville Police Department (UWPPD) policies and procedures, the definitions listed below are intended to be limited to this policy

Definitions:

1. Police Member- refers to sworn law enforcement officers employed by the UW-Platteville Police Department regardless of rank or assignment. All UWPPD police members are fully sworn and certified law enforcement officers with powers of arrest and authorized to carry firearms as part of their duties.

2. Qualified Retired Law Enforcement Officer in Good Standing- Refers to police members who retired from the UWPPD after having reached the years of service and other criteria set by the State of Wisconsin Employee Retirement System, are eligible to receive a service retirement allowance and, at the time of their separation, were active duty employees who were not the subject of a serious internal, administrative or criminal investigation, were not under discipline or pending discipline, whose separation was not part of a settlement agreement and whose separation was not due to mental instability.

3. Law Enforcement Safety Act Photographic Identification Card- Refers to the identification card required for retired law enforcement officers as described in U.S.C.Title 18, Chapter 44, Section 926C (1)(d).

Procedures:

1. Eligibility
   1. A Qualified Retired Law Enforcement Officer in Good Standing.
   2. Before the separation of service, the officer was authorized, by law to engage in or supervise the prevention, detection, investigation, and prosecution of or the incarceration of any person for any violation of law and had statutory powers of arrest.
   3. Before the separation of service, the officer was regularly employed as a law enforcement officer with UW-Platteville, and has been employed as a law enforcement officer for ten (10) years or more, or, at the discretion of the Chief of Police, separated from service with UW-Platteville Police due to a service-connected disability after successfully completing the probationary period.
   4. The retired officer is NOT prohibited by federal law from possessing a firearm.
   5. A complete background check will be performed annually by the UWPPD to check the legal ability of the retired officer to possess a firearm and to determine the applicant’s eligibility to participate in the weapons qualification test under this policy. Grounds for failure of the background check include any condition, circumstance, conviction or event, which would make it unlawful for the applicant to possess a firearm and/or any conduct that would prohibit an individual from employment as a police officer in the UWPPD. An applicant who fails the background check will not be permitted to continue in the process and the application will be denied.
   6. Retired UW-Platteville officers will be required to pass the WI DOJ Training & Standards prescribed qualification course while using the weapon they intend to carry.
   7. The Chief of Police or designee will exercise the right to question, approve or deny any request for an identification card described in this procedure or the LEOSA.
2. Application Process for Law Enforcement Officer Safety Act Photographic Identification Card.
   1. Eligible retired UW-Platteville Officers may request a Law Enforcement Officer Safety Act Photographic Identification Card by written application to the UW-Platteville Chief of Police or designee either upon retirement or anytime thereafter.
   2. A complete application form must be submitted. Failure to submit a complete application will result in denial of the LEOSA Photographic Identification Card. The UWPPD application shall include the following:
      1. Acknowledgement that the LEOSA Photographic Identification Card does not confer any law enforcement authority and is strictly limited to the provisions of the Law Enforcement Officer Safety Act.
      2. Acknowledgement that the retired officer has read and is familiar with the Law Enforcement Officer Safety Act of 2004 and that she/he meets the above listed eligibility criteria.
      3. Acknowledgement that any authorization regarding concealed carry is strictly limited to the type of firearm on which the individual qualified.
      4. A signed declaration that the retired UW-Platteville Officer is not prohibited from purchasing or firearm by either federal or state laws.
      5. A signed waiver and release of claims and agreement to indemnify, defend, and hold harmless the Board of Regents of the University of Wisconsin System, the University of Wisconsin-Platteville, its agents, officers and employees from any and all liability arising from any and all claims, suits, and actions related to carrying a firearm as authorized by Wisc. Stat §175.49.
      6. With respect to any applicant who separated service on a “duty disability” under Wisc. Stat. §40.65, documentation that the retirement was not due in whole or in part to “reasons of mental instability” as that term is defined under the provisions of the Law Enforcement Officer Safety Act.
   3. At the time of application submission, the applicant shall submit a non-refundable fee of $20.00 to cover administrative costs, the background check, the test session and supplies. This fee is established by the Police Chief and adjusted as necessary.
   4. Final review of all eligibility requirements by the Chief of Police or his/her designee shall be completed prior to participating in the weapons qualification.
3. Weapons Qualification
   1. UWPPD or its designee agency will annually host a firearms qualification test for UWPPD retired/separated officers, in conjunction with the department’s annual recertification for active employees. UWPPD will provide approved range personnel, including DOJ certified firearms instructors to administer the firearms qualification test established pursuant to this Policy.
   2. Only retired UWPPD officers who have been determined to be eligible, have submitted a complete application have passed the background check, and paid all fees will be scheduled for the weapons test.
   3. Any of the instructors may terminate the test session in his/her discretion in the event that he/she considers that an applicant is not eligible to participate or for safety reasons.
   4. Retired UWPPD officers will be notified of the elements of the qualification course and the time and date of the next qualification session after the eligibility requirements have been met.
   5. The retired officer shall provide all ammunition required for the course of fire.
   6. Upon arrival for firearms testing the retired UWPPD officers shall be required to sign the following:
      1. A completed release, waiver of liability, indemnification and assumption of risk form as required.
      2. Certification of the qualification test.
         1. At the time of weapons qualification, the retired UWPPD officer applicant must sign a declaration that;
         2. He is not under the influence of alcohol or other intoxicating or hallucinatory drugs or substances; and
         3. Is not prohibited by federal law from receiving a firearm.
   7. Successfully complete and pass the basic UWPPD firearms test to the standards as currently required for active-duty officers.
   8. Retired officers who successfully complete the course will be given:
      1. An information sheet informing the retired UWPPD officer that:
         1. The issuance of a LEOSA Photographic Identification Card does not confer any authority to act as a law enforcement officer or an agent of the University of Wisconsin-Platteville or the University of Wisconsin-Platteville Police Department.
         2. Each applicant that s/he is solely responsible for becoming familiar with the LEOSA of 2004 (HR 218) and all local, state and federal laws relating to possession/use of firearms.
      2. A LEOSA Photographic Identification Card
   9. An applicant who fails the weapons test shall be given one more opportunity to successfully complete the test during the same qualification session.
4. LEOSA Photographic Identification Card
   1. UWPPD will issue to the applicant in person the department’s approved LEOSA Photographic Identification Card upon the successful completion of the weapons course.
   2. All LEOSA Photographic Identification Cards shall remain the property of UWPPD. The cardholder shall surrender his/her card to the Chief of Police or designee upon written notice setting forth the reasons for such surrender.
   3. LEOSA Photographic Identification Cards shall expire twelve (12) months from the date of issuance.
   4. All LEOSA Photographic Identification Cardholders must maintain a current address and telephone number with UWPPD and report any changes within 10 days after the change.
   5. LEOSA Photographic Identification Cards renewals, reapplication after application denial, reapplication after failure to successfully complete the weapons test, and/or request to be qualified on another approved firearm shall follow the same procedure as for initial application.
5. RECORDS OF LEOSA PROCESS
   1. The Chief of Police or his/her designee will maintain all the records related to this Policy.