Retired police officers frustrated by barriers to concealed carry

It’s hard to complain about living in Hawaii, unless, like Tom Fratinardo, you’re a retired police officer trying to obtain concealed carry authorization under the federal Law Enforcement Officers Safety Act.

Democrats in some deep-blue state have for years made it all but impossible for eligible ex-cops to take advantage of the 2004 federal law, known as LEOSA, which has been widely praised elsewhere as a boon to public safety.

“There are like 4,000 retired police officers in the state of Hawaii — just think of what a resource this is,” said Mr. Fratinardo, who spent 13 years in the Hawaii County Police Department. “Who else would you want to be carrying a firearm? Especially in the times we’re living in right now.”

Indeed, fears over terrorism stemming from last week’s massacre in San Bernardino, California, have prompted a renewed urgency in removing state and local barriers that prevent otherwise-qualified retired and off-duty police from carrying firearms under LEOSA authority.

“What LEOSA actually does is it exempts active-duty and retired officers from most state laws regarding concealed weapons,” said David Adler, principal consultant with Gendarme Consulting Group in Philadelphia. “Virtually every police officer or law enforcement officer in the United States can carry in every jurisdiction, subject to a few requirements.

“If there’s a problem, it’s with state implementation of the federal statute,” said Mr. Adler, who works on LEOSA issues.

Under the current law, state and local officials who want to circumvent the law can do so simply by doing nothing. Those eligible to carry must hold valid identification showing that they are authorized to do so, as well as pass a range test, but LEOSA doesn’t require states or local police departments to offer either service.

“This allows agencies hostile to LEOSA to effectively eliminate the ability for their officers to qualify for the privilege,” said the National Rifle Association in a statement.

James Pasco, executive director of the National Federation of Police, said his group is “constantly working to find alternative identification media that would cover the situation when it occurs.”

“Everywhere it has to be issued by the police department,” Mr. Pasco said. “The fact of the matter is that you can pass a law that allows people to carry as long as they have the proper identification, but you can’t require the agency that they retired from, for example, to issue them that paperwork or identification.”

He added, “It’s not that widespread. It is happening, without a doubt. But it’s not systemic.”

The NRA is pushing for reforms that would require agencies to provide credentials to retired officers in good standing and require states to offer range qualification standards.

“The NRA recognizes that our nation’s retired law enforcement and military personnel can help keep us safe in a dangerous world,” said NRA spokesperson Catherine Mortensen in a statement. “At the same time, we are also pushing for laws that would allow all law-abiding citizens the same right to protect themselves and their families.”

Acquiring a concealed carry permit as a civilian in Hawaii is no easier. Like a half-dozen other liberal states, Hawaii is a so-called “may issue” state, meaning that local law enforcement isn’t required to issue permits to those who meet its standards.

Hawaii also requires applicants to “show reason to fear injury to his person or property,” according to USA Carry.

“The majority of the legislature feels that concealed carry is not useful for Hawaii, that it’s not a good idea,” said Dr. Maxwell Cooper, former legislative chair of the Hawaii Rifle Association. “They’re afraid that people who carry concealed will abuse the privileges. They point out that Hawaii has a relatively low crime rate compared to the rest of the states. So we really don’t need it, do we?”

His group pushed for legislation earlier this year that would have required the state to implement a program allowing active and retired police to carry concealed firearms pursuant to LEOSA. The bill was killed in committee.

“Going way back, Hawaii’s not been friendly toward private civilians having independent firearms,” Dr. Cooper said. “The current Democratic liberal legislature that we have certainly feels that way in general. They’re very reluctant to pass any pro-gun stuff, and they always introduce a lot of anti-gun stuff.”

He said it’s especially frustrating for law enforcement. “Those guys should all be carrying. They’d be a tremendous resource, particularly in these times of terrorism,” he said.

That’s the view of gun rights advocates and many Republicans, but the reaction from Democrats to the San Bernardino shooting has been the opposite. President Obama and others have called for more restrictions on firearms in order to prevent would-be terrorists from gaining access to weapons.

Mr. Fratinardo said he doesn’t think that’s realistic given the apparently growing reach of Middle East terrorism into Europe and the United States.

“There are active investigations in every state. ISIS is going after young recruits who aren’t in the system,” he said, using an acronym for the Islamic State. “There are cells all over the United States. So who do you want at the mall? When bullets are flying, wouldn’t it be great to have a couple of retired officers there?”