ALCOAST 517/22 - DEC 2022 PROMULGATION OF THE LAW ENFORCEMENT OFFICERS SAFETY ACT (LEOSA) CREDENTIALING PROGRAM, COMDTINST 16247.14

R 221537Z DEC 22
FM COMDT COGARD WASHINGTON DC
TO ALCOAST
BT
UNCLAS
ALCOAST 517/22
SSIC 16247
SUBJ: PROMULGATION OF THE LAW ENFORCEMENT OFFICERS SAFETY
ACT (LEOSA) CREDENTIALING PROGRAM, COMDTINST 16247.14
A. 18 U.S.C. Section 926B, Carrying of Concealed Firearms by
Qualified Law Enforcement Officers
B. 18 U.S.C. Section 926C, Carrying of Concealed Firearms by
Qualified Retired Law Enforcement Officers
C. U.S. Coast Guard Maritime Law Enforcement Manual (MLEM),
COMDTINST M16247.1H
D. Department of Homeland Security (DHS) Law Enforcement Officers
Safety Act, Directive 257-01, Revison 1, 12/22/2017
E. Ordnance Manual, COMDTINST M8000.2F
1. This ALCOAST announces the promulgation of the Law Enforcement
Officer Safety Act (LEOSA) Credentialing Program and updates to
the LEOSA Credentialing Program. In 2021, the Coast Guard
approved this program allowing certain current and former law
enforcement officers (LEOs) to apply for credentials to carry a
personally owned firearm concealed while off-duty, not in uniform,
in any jurisdiction in the U.S. with certain exceptions. Since its
inception the Coast Guard has approved 618 926B (active LEO)
credentials and 69 926C (retired LEO) credentials. Through the
review process of these initial applications it was determined
that several policy statements needed clarification or amending.
2. Effective immediately the following policy updates will be
in effect and will be incorporated into the next revision of
REF (C):
    a. Appendix T, Paragraph A.2.b. will be deleted and replaced
with A.1.b of this promulgated Instruction: "The definition of
"qualified law enforcement officer" in 18 U.S.C. Section 926B also
includes those authorized to "supervise" law enforcement
activity. However, 18 U.S.C. Section 926B requires that supervisors
of law enforcement activity still meet the other statutory
requirements, which include being "authorized by the agency to
carry a firearm" and “having statutory powers of arrest or
apprehension." The Coast Guard interprets this requirement to
mean that supervisory personnel shall be currently certified in
a position outlined in Paragraph A.1.a. of this Appendix."
    b. Appendix T, Paragraph A.2.c. will be amended to add A.2.j.
of this promulgated Instruction: Not be within 12 months of a
permanent change of station (PCS), retirement, or release from
active duty (RELAD). This requirement does not apply to current
CGIS Agents.
    c. Appendix T, Paragraph A.2.c. will be amended to add A.2.l.
of this promulgated Instruction: Reserve members that receive a
926B Credential will not be permitted to keep that credential
unless on official orders. Their credential will be stored by
their unit command and issued during periods of official duty
and only while assigned at an authorized unit.
    d. Add 3.a. (last paragraph) of this promulgated Instruction:
Thus, Coast Guard personnel who have transferred from a law
enforcement billet but remain in the service, and who have
otherwise satisfied the requirements in 18 U.S.C. Section 926C, may
apply for a 926C Credential. The Coast Guard interprets service
as a LEO to be time spent in a qualified position in accordance
with Paragraph A.1.a. of this Appendix. Additionally, Reserve
members may only count certified time during periods when on
official orders (e.g. Inactive Duty for Training, Active Duty
for Training, Active Duty for Operational Support, Extended
Active Duty, etc.). Any period of time that a Reserve Member is
not on orders shall not be considered in determining whether the
member meets the aggregated 10 years as a certified LEO
outlined in the LEOSA criteria. Reserve member applicants shall
provide documentation to validate official orders during the
application process.
    e. Appendix T., Paragraphs A.2.c., A.3., and A.3.a.2. will be
amended in A.3. and A.3.a.(2) of this promulgated Instruction to
better clarify eligibility requirements: "or apprehension under
section 807(b) of title 10, United States Code (article 7(b) of
the Uniform Code of Military Justice)" in accordance with REF (C)
and (D).
    f. Appendix T, Paragraph A.3.a.1. will be deleted and replaced
with A.3.a.(1) of this promulgated Instruction: "Retired or
separated in good standing from the Coast Guard as a LEO, other
than for reasons of mental defect (for those members separated from
service this will be verified by review of separation codes/
characteristics on DD-214) (agency LEO's as identified in
Paragraph A.1.a. of this Appendix, that are currently in LEO
positions but meet the requirements for a 926C Credential may
apply);"
    g. Appendix T, Paragraph A.3.a.3. will be deleted and replaced
with A.3.a.(3) of this promulgated Instruction: "Before such
separation, have served as an LEO for an aggregate of 10 years or
more; or separated from the Coast Guard, after completing any
applicable probationary period of such service, due to a service-
connected disability, as determined by such agency. Time served as
a LEO in other law enforcement agencies will count towards the 10
years aggregate time, providing the individual can provide
documentation of service. Additionally, when using time served from
other law enforcement agencies, at least 51% of the 10 year
aggregate must be from a Coast Guard LEO position, and the Coast
Guard must have been the most recent employer as an LEO."
    h. Appendix T, Final Paragraph of Paragraph A.3.a. will be
deleted and replaced with the Final Paragraph of A.3. of this
promulgated Instruction: "Thus, Coast Guard personnel who have
transferred from a law enforcement billet but remain in the
service, and who have otherwise satisfied the requirements in 18
U.S.C. Section 926C, may apply for a 926C Credential. The Coast
Guard interprets service as an LEO to be time spent as a qualified
position in accordance with Paragraph A.1.a. of this Appendix.
Additionally, Reserve members may only count certified time during
periods when on official orders (e.g. Inactive Duty for Training,
Active Duty for Training, Active Duty for Operational Support,
Extended Active Duty, etc.). Any period of time that a Reserve
member is not on orders shall not be considered in determining
whether the member meets the aggregated 10 years as a certified LEO
outlined in the LEOSA criteria. Reserve member applicants shall
provide documentation to validate official orders during the
application process."
    i. Appendix T, Paragraph A.3.a. will be amended to add A.3.(4)
through (7) of this promulgated Instruction::
       i. (4) During the most recent 12-month period, have met, at
the expense of the individual, the standards for qualification in
firearms training for active law enforcement officers, as
determined by the Coast Guard, the State in which the individual
resides or, if the State has not established such standards, either
a law enforcement agency within the State in which the individual
resides or the standards used by a certified firearms instructor
that is qualified to conduct a firearms qualification test for
active duty officers within that State. A CG-3029 may not be used
to satisfy this requirement unless the applicant holds an active
certification that requires regular Coast Guard firearms
qualifications.
       ii. (5) Not be officially found by a qualified medical
professional employed by the Coast Guard to be unqualified for
reasons relating to mental health and as a result of this finding
will not be issued photographic identification; or has not entered
into an agreement with the Coast Guard in which the individual
acknowledges he or she is not qualified under this section for
reasons relating to mental health and for those reasons will not
receive or accept photographic identification;
       iii. (6) In order to carry a firearm under 18 USC Section
926B, members shall not be under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
       iv. (7) Not be prohibited by Federal law from receiving a
firearm.
    j. Appendix T, Paragraph B.1. and B.5. will be amended in B.1.
and B.6.a. of this promulgated Instruction to update the web
address to:
(Copy and Paste URL Below into Browser)

https://LeosaCoastGuard.com

    k. Appendix T. Last Paragraph of Paragraph B.1., will be deleted
and replaced with B.2. of this promulgated Instruction: "926C
Credentials will have an indefinite expiration period, subject to
review and revocation; however, members issued this credential
shall adhere to all provisions of the LEOSA law or be subject to
arrest. 926B Credentials will be valid for a period up to five years
from the date of issuance. Members are required to renew their
credential, if desired, in accordance with the provisions of this
directive. Applications may be submitted for renewal of credentials
within 60 days of the LEOSA Credentials expiration."
3. Unit commands are reminded the 926B and 926C Verification
Memorandum is not a recommendation by the command, rather a
verification that all the prerequisites are met.
4. These changes have been promulgated in the Law Enforcement
Officers Safety Act (LEOSA) Credentialing Program, COMDTINST
16247.14. Appendix T of REF (C) is hereby cancelled.
5. POC: COMDT (CG-MLE-2), CWO4 Lee Conroy, (202) 372-2171,
Lee.J.Conroy@uscg.mil.
6. RDML Jo-Ann F. Burdian, Assistant Commandant for Response Policy
(CG-5R), sends.
7. Internet release is authorized.