from the United States District Court for the Middle District
of Florida D.C. Docket No. 3:17-cv-00262-MMH-JBT
ED CARNES, Chief Judge, MARTIN, and ANDERSON, Circuit Judges.
MARTIN, CIRCUIT JUDGE.
Enforcement Officers Safety Act ("LEOSA") allows
"a qualified retired law enforcement officer . . . who
is carrying the identification required by [the Act]" to
"carry a concealed firearm," notwithstanding most
State or local restrictions. 18 U.S.C. §§ 926C(a),
(b). Camille Burban, who is a retired police officer formerly
employed by the Neptune Beach Police Department ("the
Department"), sued the City of Neptune Beach, Florida
seeking to have it issue her the type of identification card
required by LEOSA. The District Court dismissed Ms.
Burban's amended complaint, finding that LEOSA does not
give rise to a federal right enforceable under 42 U.S.C.
§ 1983. After careful review, and with the benefit of
oral argument, we affirm.
March 2017, Camille Burban sued Neptune Beach, Florida
seeking to enforce her individual rights she believes are
granted to her by the Law Enforcement Officers Safety Act, 18
U.S.C. § 926C. LEOSA permits qualified active and
retired law enforcement officers who meet certain conditions
to carry a concealed firearm anywhere in the United States,
even if State or local law would ordinarily prohibit it.
See id. §§ 926B(a), 926C(a). But see
id. § 926B(b) (establishing that LEOSA does not
supersede laws restricting firearms on private property or
State or local government property); id. §
926C(b) (same). Section 926C, which is divided into five
subsections, addresses retired officers.
Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a
qualified retired law enforcement officer and who is carrying
the identification required by subsection (d) may carry a
concealed firearm that has been shipped or transported in
interstate or foreign commerce, subject to subsection (b).
Id. § 926C(a). As set out in subsection (c), a
"qualified retired law enforcement officer" is
defined as a person who, among other things, "separated
from service in good standing," "served as a law
enforcement officer for an aggregate of 10 years or
more," and has met certain firearms training standards
during the most recent 12-month period. See id.
§ 926(c) (establishing seven conditions for recognition
as a "qualified retired law enforcement officer").
(d) sets out two options for the type of identification a
qualified retired law enforcement officer must possess in
order to lawfully carry a concealed weapon under LEOSA.
Option one is:
[A] photographic identification issued by the agency from
which the individual separated from service as a law
enforcement officer that identifies the person as having been
employed as a police officer or law enforcement officer and
indicates that the individual has, not less recently than one
year before the date the individual is carrying the concealed
firearm, been tested or otherwise found by the agency to meet
the active duty standards for qualification in firearms
training as established by the agency to carry a firearm of
the same type as the concealed firearm[.]
Id. § 926C(d)(1). Option two is "a
photographic identification issued by the agency" that
identifies the person as retired law enforcement together
with a firearms certification issued no more than a year ago
by either "the State in which the individual resides or
by a [qualified] certified firearms instructor."
Id. § 926C(d)(2). The firearms certification
must show that the retired officer met the active duty
standards "as established by the State, to carry a
firearm of the same type as the concealed firearm," or,
if the State does not have such standards, "standards
set by any law enforcement agency within that State to carry
a firearm of the same type as the concealed firearm."
Id. § 926C(d)(2)(B)(I), (II). Finally,
subsection (e) defines "firearm" and "service
with a public agency as a law enforcement officer."
Id. § 926(e).
to Ms. Burban's amended complaint, she was an officer
with the Department for more than ten years before she
retired from service in 2013. In October 2016, she asked the
Department to issue her the type of photographic
identification card required by LEOSA. The Department denied
her request, explaining that under its policy, these cards
are issued only to officers who retired in good standing and
who qualify with a Department-certified firearms instructor.
The Department policy also requires an officer to serve for
at least fifteen years to be eligible to receive an
identification for LEOSA purposes, even though the statute
requires just ten. Ms. Burban's later petitions for
clarification about the Department's reasons for denying
her request went unanswered.
Burban's suit challenged the Department's
requirements as inconsistent with federal law. More to the
point, Ms. Burban asserted that she is a qualified retired
law enforcement officer as defined in LEOSA. She said the
City's refusal to supply her with LEOSA-compliant
identification deprived ...