If Local Schools Approve, Should Off-Duty & Retired Cops be Allowed to Carry Concealed Firearms in School Zones as Security? (H.R. 1501)

What is H.R. 1501?

(Updated January 19, 2022)

This bill would amend the Gun Free School Zones Act to allow a qualified off-duty or retired law enforcement officer to carry a concealed firearm in a school zone if a local school board adopts a policy allowing it. Current law allows only on-duty police officers to carry firearms in school zones. The bill would impose no requirements on local school districts.

Argument in favor

Some schools, especially in rural districts, don’t have the resources for a security presence and if a school wants to allow off-duty or retired cops to carry concealed guns nearby in a school zone for protection it should be able to. It could deter or stop a school shooting and save lives.

Argument opposed

Allowing off-duty or retired law enforcement officers to carry a concealed gun in a school zone will only increase the danger to students and increases the odds of an incident occurring that could end in tragedy. It’s not worth the risk even if it could deter or stop a school shooting.

Impact

Qualified off-duty and retired law enforcement officers; students; and local school districts.

Cost of H.R. 1501

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Vicky Hartzler (R-MO) reintroduced this bill from the 115th Congress to give local school districts the option of allowing off-duty or retired law enforcement officers to carry concealed weapons in school zones to protect students:

“If a school wants to allow trustworthy retired or off-duty police officers to protect their children, the federal government shouldn’t stop them. The Police Officers Protecting Children Act allows local schools to authorize experienced off-duty or retired officers to carry a firearm in a school zone for the safety of their students. This is especially important for schools in our rural communities where law enforcement may take a significant amount of time to respond to an emergency. A well-placed retired or off-duty officer could save lives.”

Laclede County Sheriff David Millsap adds: 

“Not allowing current law enforcement officers, or qualified retired law enforcement officers to carry weapons at schools simply puts children’s lives at risk. Officers routinely put themselves in harm’s way during their shift and that commitment does not stop at the end of shift. Retired law enforcement officers are too valuable of a resource to be put on shelf. Let the professionals continue to protect our children on or off duty.”

Rep. constituentsretired 36-year veteran police officer from the Clinton Missouri Police Department. After Goth retired, he was prohibited from using his police training to protect his grandchildren when he visited them at school. Goth says: 

“Congresswoman Hartzler’s bill will give retired police officers the chance to look after their own. When my grandkids are at events after school with huge crowds and no security, as a former law enforcement officer, it makes me uncomfortable. The schools are tight on funding, so they can’t hire more resource officers, but retired law enforcement individuals like myself can help. It only makes sense for schools who want to, to let retired or off-duty police officers carry a firearm to protect schoolchildren. I’m pleased the Congresswoman is moving forward on this important bill to help protect our children.”

The Fraternal Order of Police (FOP) supports this bill. In a letter to Rep. Hartzler last Congress, the FOP wrote: 

"[This bill] would ensure that an off-duty of retired officer would not place himself in legal jeopardy by attending a school event. As a nation, we are working to make our schools safer for our children. By [allowing retired and off-duty policy officers to carry firearms in schools], we also improve the safety of our school campuses. Law enforcement officers are never 'off-duty' — they are dedicated public servants trained to respond when there is a threat to the peace or to our public safety. [This] bill will help to ensure that officers do not have to choose between obeying the letter of Federal law with their duty to aid those in danger."

There are no cosponsors of this bill in the 116th Congress. Last Congress, it had the support of seven Republican cosponsors in the House and didn't receive a committee vote.

Of Note: In 2016 the state of New Jersey enacted a law that stations armed, retired cops inside New Jersey schools. To qualify as a “Class Three” police officer, retired cops would have to meet the same firearm safety qualifications as active officers and undergo school resource officer training.

Media:

• Sponsoring Rep. Vicky Hartzler (R-MO) Press Release (116th Congress)
• Sponsoring Rep. Vicky Hartzler (R-MO) Press Release (115th Congress)
  
• Fraternal Order of Police Letter (In Favor, 115th Congress)