13.02 - Definitions

13.02. Definitions

For the purpose of 501 CMR 13.00, the words shall have the following meanings:

Chief Law Enforcement Officer. The chief of a municipal police department; the Colonel of the Department ofState Police; the Chief of the Massachusetts Bay Transportation Authority Transit Police department; the commander of a qualifying law enforcement agency; or his or her designee.

Law Enforcement Agency. A municipal police department, the Department of State Police, the Massachusetts Bay Transportation Authority Transit Police department, and any other governmental body which, in the opinion of the Secretary, employs full time law enforcement officers who are:

(a) authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of the law; and

(b) have statutory powers of arrest.

Qualified Retired Law Enforcement Officer. An individual who:

(a) separated from service in good standing with a law enforcement agency as a law enforcement officer;

(b) before such separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

(c)

1. before such separation, served as a law enforcement officer for an aggregate of ten years or more; or

2. separated from service with such agency after completing any applicable probationary period of such service due to a service-connected disability, as determined by such agency;

(d) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for an active law enforcement officer, as determined by the state in which the individual resides;

(e)

1. has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in 18 U.S.C. § 926C; or

2. has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under 501 CMR 13.02: Qualified Retired Law Enforcement Officer(e)2. for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in 18 U.S.C. § 926C.

(e) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(f) is not prohibited by Federal law from receiving a firearm.

Secretary. The Secretary of Public Safety or his or her designee.

The following state regulations pages link to this page.