The Department of Law ("DOL") and the Peace Officer Standards and Training ("POST") Board are committed to following all federal and state laws governing the certification of peace officer applicants, for both U.S. citizens and non-citizens alike. This page is intended to provide guidance to non-U.S. citizens who are considering applying for POST certification.
To be eligible for POST certification, you must be able to lawfully possess a firearm in Colorado and in the U.S. so that you can complete the required firearms skills training (see C.R.S. § 24-31-305(1)(a)(II) and POST Rule 10(a)(V)(B) (Basic), POST Rule 11(d) (Provisional), POST Rule 13(g) (Renewal), POST Rule 12(a)(V)(B) (Reserve).
Under 18 U.S.C. § 922(g)(5)(A), you are prohibited from possessing a firearm if you are unlawfully present in the United States. However, you may qualify for an exception under 18 U.S.C. § 925(a)(1) if you are currently employed by a law enforcement agency and that agency’s policy authorizes you to carry a firearm for purposes of academy training. Please note that to be hired by a law enforcement agency, you must have legal employment authorization. There are limited categories of immigration status that allow an individual who is unlawfully present to obtain employment authorization, such as DACA recipients, refugees, and asylees.
Under 18 U.S.C. § 922(g)(5)(B), you are prohibited from possessing a firearm if you are present in the United States on a non-immigrant visa. To determine whether your visa is classified as an immigrant or non-immigrant visa, please refer to 8 U.S.C. § 1101(a)(26). If you are present in the United States on a non-immigrant visa, you may qualify for certain exceptions under 18 U.S.C. § 922(y)(2) that would allow you to lawfully possess a firearm. You may also qualify for the exception under 18 U.S.C. § 925(a)(1) if you are currently employed by a law enforcement agency and that agency’s policy authorizes you to carry a firearm for purposes of academy training.
This is a complex area of law, and we recommend you consult your attorney with any questions. We cannot give you legal advice. We will not share your specific immigration status with the hiring agency or training academy unless you (the applicant) authorize it or have already shared that information with the hiring agency or training academy. However, we must inform hiring agencies and/or training academies whether you can lawfully possess a firearm. We will not share your personal identifying information for the purpose of federal immigration enforcement, in compliance with Colorado SB 21-131.
There are several categories of non-citizen immigrants who may not be eligible for POST certification. This area of law is complicated and it is impossible to anticipate the specific facts of each situation. Law enforcement agencies should always consult their respective attorneys for legal advice.
The DOL and POST are not able to provide legal advice about specific individuals or circumstances. Hiring agencies and candidates with questions about their specific circumstances should consult an attorney.
Non-US Citizens must provide confirmation of high school or GED equivalence by obtaining a credential evaluation report from a service recognized by the US Department of Education. Please see Credentialing of Foreign Degrees below for further information.
Credentialing of Foreign Degrees
The compliance program assistant will advise the applicant that they must submit a copy of their credential evaluation for review.
POST only considers credential evaluation if the evaluation was done by a U.S. Department of Education recognized member.
Upon receipt of a credential evaluation, POST will confirm that the company completing the evaluation is a member of either the National Association of Credential Evaluation Services or the Association of International Credentials Evaluators.
A list of the members can be found on the respective websites: http://www.naces.org or http://www.aice-eval.org.
Note
For questions, please use the following e-mail: