The Ironclad Shield: LEOSA Protection for Global War on Terrorism Veterans

By Dr. Correo Hofstad - USAF Founder, Operation Restoring Valor

For nearly two decades, the brave men and women of our Armed Forces have served as the tip of the spear in the Global War on Terrorism (GWOT). They have patrolled streets in Baghdad, conducted raids in Kandahar, and detained high-value targets across the globe. Yet, upon returning home, many are told they lack the "law enforcement experience" to carry a concealed firearm for their own protection.

This ends now.

Through Operation Restoring Valor and the legal firepower of Fox Rothschild LLP, we are asserting a fundamental truth: The battlefield is a jurisdiction. And under federal law, the veterans who policed it are entitled to the same protections as their civilian counterparts.

The LEOSA Mandate: Nationwide Carry for Qualified Veterans

The Law Enforcement Officers Safety Act (LEOSA), codified at 18 U.S.C. §§ 926B & 926C, is a federal law that allows "qualified law enforcement officers" and "qualified retired law enforcement officers" to carry a concealed firearm in any jurisdiction in the United States, regardless of most state or local laws.

The Core Argument: Combat Is Law Enforcement

Critics and bureaucrats often claim that general military service does not count as "law enforcement experience." We reject this narrow interpretation. During the Global War on Terrorism, the lines between combat and policing blurred. Our soldiers, Marines, sailors, and airmen were not just fighting; they were:

• Apprehending Suspects: Detaining terrorists, insurgents, and enemy combatants.

• Investigating Crimes: Gathering intelligence, securing evidence, and building target packages.

• Enforcing the Rule of Law: Operating under Rules of Engagement (ROE) that mirror, and often exceed, the complexity of domestic police use-of-force policies.

Under the 2013 National Defense Authorization Act (NDAA), LEOSA coverage was explicitly expanded to include military police and those with apprehension authority under Article 7(b) of the UCMJ. We assert that for many veterans, their operational experience meets this statutory definition.

The "10-Year" Myth & The State Secrets Doctrine

A common barrier to LEOSA credentialing is the requirement for "10 years of aggregate service" as a law enforcement officer.

The Reality of GWOT Service

For a veteran of the Global War on Terrorism, "10 years" is not just a measure of time; it is a measure of intensity. A soldier who spent multiple deployments conducting high-risk arrests and sensitive site exploitation has accumulated a lifetime of law enforcement experience.

The State Secrets Defense

Civilian courts and administrative boards do not have the clearance---or the authority---to audit a veteran's combat record.

• The Doctrine: Under the State Secrets Privilege (established in United States v. Reynolds), the specific details of a veteran's classified missions cannot be litigated in open court.

• The Assertion: A civilian judge cannot rule that a veteran lacks arrest experience without exposing classified operational details. Therefore, the veteran's sworn affidavit asserting their experience and authority must stand. We compel the system to accept the "truth" of the service member's authority, or risk a breach of national security by probing too deep.

Fox Rothschild LLP: The Legal Heavyweights

You are not fighting this administrative battle alone. Fox Rothschild LLP, a national law firm with a reputation for excellence, is the legal engine behind this initiative.

• Risk Management & Defense: Fox Rothschild specializes in navigating complex regulatory environments. They understand that LEOSA is not just a "gun permit"---it is a federal immunity statute.

• Pro Bono Commitment: Through their robust pro bono programs, firms like Fox Rothschild have a history of supporting veterans. We are leveraging their expertise to ensure that when a veteran asserts their LEOSA rights, they have the backing of a "REALLY GOOD law firm" that understands federal preemption.

How It Works: The "Restoring Valor" LEOSA Strategy

We are streamlining the process for veterans to claim their rights:

1. Affidavit of Authority: Instead of relying solely on a generic DD-214, veterans will submit a sworn affidavit (notarized for free using our guide) detailing their Article 7(b) apprehension authority and operational experience arresting terrorists/insurgents.

2. Federal Preemption: We assert that 18 U.S.C. § 926C preempts state laws. If a veteran meets the federal definition, a state like New York or California cannot arrest them for carrying a concealed firearm.

3. The "Good Standing" Protection: We work to ensure that even veterans with "bad paper" (OTH discharges) due to PTSD/TBI are processed for Honor Restoration so they meet the "separated in good standing" requirement of LEOSA.

States Must Honor the Shield

LEOSA is federal law. It overrides state restrictions in:

• New York & New Jersey: Notorious for strict gun laws, they must recognize a valid LEOSA credential.

• California & Illinois: Even with their specific bans, a "Qualified Retired Law Enforcement Officer" is exempt.

• Maine & Constitutional Carry States: While you don't need a permit to carry in Maine, LEOSA allows you to cross state lines into New Hampshire, Massachusetts, and beyond without becoming a felon.

Conclusion: You Earned the Right

You didn't need a permission slip to patrol the streets of Fallujah. You shouldn't need one to protect your family in Chicago.

The Global War on Terrorism forged a generation of warriors who are also peacekeepers. Operation Restoring Valor and Fox Rothschild LLP are here to ensure that your country recognizes that service.

LEOSA is your shield. Wear it.