ExecutiveOrdersEO
EO 13977Executive OrderTrump 45 · R

Executive Order 13977

Protecting Law Enforcement Officers, Judges, Prosecutors, and Their Families

This executive order directs federal agencies to remove obstacles for federal law enforcement officers to carry concealed firearms under existing law, authorizes special deputation with firearm privileges for federal prosecutors facing threats, prioritizes protection of judges and prosecutors by the Marshals Service, and requires development of legislation to extend firearm carry rights to federal judges and enhance penalties for violence against these officials and their families.

Federal Register Open PDF 86 FR 6803

Impact dates

  1. Agency reports on LEOSA implementation due to President

  2. Attorney General to propose regulation revising 28 CFR 0.112 for prosecutor special deputation

  3. Attorney General to revise DOJ policies for special deputation

  4. Attorney General to assess need to revise 28 CFR 0.111(e) and take immediate steps if needed

  5. Attorney General to develop and propose federal legislation for additional protections

Key directives

  • Agency heads shall act expeditiously to remove undue obstacles to LEOSA concealed carry for current and retired federal law enforcement officers
  • Agency heads shall submit report on LEOSA implementation within 30 days
  • Attorney General shall propose regulation revising 28 CFR 0.112 for prosecutor special deputation with firearm authority within 30 days
  • Attorney General shall revise DOJ policies for special deputation within 30 days
  • Attorney General shall direct Marshals Service to prioritize protection of federal judges and prosecutors
  • Attorney General shall prioritize investigation and prosecution of violence against judges, prosecutors, law enforcement officers, and their families
  • Attorney General and Secretary of Homeland Security shall coordinate review of PII removal feasibility
  • Attorney General shall assess need to revise 28 CFR 0.111(e) within 30 days
  • Attorney General shall develop proposed legislation within 30 days
  • Agency heads shall examine PII collection and allow Post Office box addresses as appropriate

Who is ordered

Timeline

Immediate

  • Policy established to remove obstacles for federal law enforcement concealed carry under LEOSA
  • Attorney General directed to prioritize protection of federal judges and prosecutors
  • Attorney General directed to prioritize prosecution of violence against these officials

Near term (90d)

  • Agency reports on LEOSA implementation due
  • Attorney General to propose regulation for prosecutor special deputation
  • Attorney General to revise DOJ policies for special deputation
  • Attorney General to assess need to revise 28 CFR 0.111(e)
  • Attorney General to develop proposed legislation
  • Review of PII removal feasibility to be coordinated

Long term

  • Potential legislation to authorize judges and prosecutors to carry firearms irrespective of state/local laws
  • Expanded appropriations and personnel for protective agencies
  • Increased penalties for violence against officials and families
  • Preemption of state/local obstruction of LEOSA rights

Risks & tensions

  • EO signed January 18, 2021; incoming Biden administration had limited time to implement before transition
  • Proposed legislation in Section 5 would preempt state and local firearm laws, creating federalism tensions
  • Special deputation for prosecutors with firearm authority but not arrest powers is a novel legal construct with unclear implementation
  • PII removal feasibility review lacks specific deadline, potentially delaying action
  • Legislative proposals require congressional action, which is uncertain
  • Vague 'as appropriate' and 'consistent with applicable law' qualifiers throughout may limit actual implementation
Executive Order 13977: Protecting Law Enforcement Officers, Judges, Prosecutors, and Their Families · Executive Orders