Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

37 Pa. Code § 221.33. Qualification card issuance.

§ 221.33. Qualification card issuance.

 (a)  A retired law enforcement officer shall produce the identification card issued under §  221.23 (relating to identification card issuance) or identification issued by another public agency satisfying the requirements of 18 U.S.C. §  926C(d) (relating to carrying of concealed firearms by qualified retired law enforcement officers) along with another form of official/governmental identification, which includes a photograph of the officer, to the certified law enforcement firearm instructor prior to participating in firearms training and qualification.

 (b)  A retired law enforcement officer may not participate in firearms training and qualification if the certified law enforcement firearm instructor determines that the officer presents a safety hazard to himself or others on the range or if the officer is not able to produce the two forms of identification required in subsection (a).

 (c)  A retired law enforcement officer shall meet the firearms standards established by the public agency from which the law enforcement officer retired or the guidelines established by the Commission to carry a firearm of the same type as the concealed firearm that the officer intends to carry. As part of firearms training, the certified law enforcement firearm instructor shall provide instruction on the use of force by a civilian under 18 Pa.C.S. Chapter 5 (relating to general principles of justification).

 (d)  The certified law enforcement firearms instructor may issue a qualification card to a retired law enforcement officer who has met the Commonwealth’s standards for training and qualification for active law enforcement officers to carry a firearm.

 (e)  The certified law enforcement firearm instructor shall obtain the qualification cards, for a fee of $2 for each card, from the Commission.

 (f)  For 1 year, the certified law enforcement firearms instructor shall keep a record of each qualification card issued, including the following:

   (1)  The name of the retired law enforcement officer to whom the qualification card was issued.

   (2)  The make and model of the weapons the retired law enforcement officer qualified on.

   (3)  The type of ammunition utilized by the retired law enforcement officer.

   (4)  The course of fire completed by the retired law enforcement officer.

   (5)  The date of qualification.

 (g)  Within 30 days of a retired law enforcement officer being issued a qualification card, the certified law enforcement firearm instructor shall provide the Commission with a copy of the record maintained under subsection (f) on a form prescribed by the Commission.

 (h)  The following apply to sheriffs:

   (1)  Prior to signing the qualification card, in addition to other requirements in section 5 of the act (53 P. S. §  753.5), the sheriff shall require the retired law enforcement officer to display the identification card and another form of official/governmental identification, which includes a photo of the retired law enforcement officer. The sheriff shall make a photocopy of both forms of identification.

   (2)  For 1 year, the sheriff shall keep a record of the following:

     (i)   Each qualification card signed.

     (ii)   The name and address of the retired law enforcement officer appearing on the card.

     (iii)   The date the sheriff signed the card.

   (3)  The sheriff shall confiscate the qualification card from any retired law enforcement officer who is not issued a unique approval number. Confiscated qualification cards shall be returned to the Commission.

   (4)  The sheriff shall collect the expired qualification card from the retired law enforcement officer and return the card to the Commission.

   (5)  Within 30 days of signing a qualification card, the sheriff shall provide the Commission with a copy of the record maintained under paragraph (2) on a form prescribed by the Commission.

     (i)   No public agency shall have any duty to provide firearms training and qualification to retired law enforcement officers or to issue qualification cards.



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