Tactical Life Gun Magazine: Gun News and Gun Reviews
  • News
    • New Products & Industry News
    • Police News
    • Military News
  • Guns
    • Rifles
    • Handguns
    • Shotguns
    • Special Weapons
  • Gear
    • Accessories
    • Ammo
    • Holsters
    • Knives
    • Optics & Sights
    • Suppressors
  • Lifestyle
    • Pop Culture
    • Training
  • Videos
No Result
View All Result
Tactical Life Gun Magazine: Gun News and Gun Reviews
  • News
    • New Products & Industry News
    • Police News
    • Military News
  • Guns
    • Rifles
    • Handguns
    • Shotguns
    • Special Weapons
  • Gear
    • Accessories
    • Ammo
    • Holsters
    • Knives
    • Optics & Sights
    • Suppressors
  • Lifestyle
    • Pop Culture
    • Training
  • Videos
No Result
View All Result
Tactical Life Gun Magazine: Gun News and Gun Reviews
No Result
View All Result
 
New Year, New FREE GUN FRIDAY! Enter to WIN the Smith & Wesson and Black Hills package.

Big Court Win for New Jersey LEOSA Permits

Donald J. Mihalek by Donald J. Mihalek
January 12, 2023
in Police News
0
New Jersey LEOSA, federal law
0
SHARES
1.7k
VIEWS
Share on FacebookShare on Twitter

A federal Judge in New Jersey just undid decades of an unlawful state preemption and ignorance over the federal law known as the Law Enforcement Safety Officers Act (LEOSA) codified as 18 U.S.C §926C. For New Jersey LEOSA permit holders and applicants, this is a big deal.

Background on the Law Enforcement Officer’s Safety Act

This federal law, first passed in 2004 allows two classes of people — the “qualified Law Enforcement officer” and the “qualified retired or separated Law Enforcement officer” (QRLEO) — to carry a concealed firearm in any jurisdiction in the United States or United States Territories, regardless of state or local laws with a few exceptions on state and private property.

Simply stated, a QRLEO is an individual that has served ten of more years in a law enforcement agency. Their service must be “in good standing” and they need to be mentally sound as well. They must not be a prohibited person, and must have qualified in the last year.

Congress amended the law in 2010 and 2013; in both cases expanding LEOSA authority and jurisdiction.  Like most federal laws, LEOSA’s intent was supersede state law.  Congress went as far as to declare LEOSA’s purpose was to implement “national measures of uniformity and consistency” and allow officers to carry a concealed firearm “anywhere within the United States.”

New Jersey Ignores Federal Law

For decades, New Jersey had ignored this federal law and created its own regulatory scheme known as the Retired Law Enforcement Officer Program (RPO) which mandated not only that a retired law enforcement officer must obtain this RPO permit from the state but also installed arbitrary qualifications, age, and recertification restrictions.  

In November of 2018, with the support of the Federal Law Enforcement Officers Association, I engaged the State of New Jersey and procured a meeting with the state’s Attorney General’s (AG) office in Trenton with our attorney, Larry Berger and representatives from every New Jersey law enforcement association including the NJ FOP.  Despite the evidence and legal authority that we presented to the AG’s office, they rejected the preemption of the federal statue and insisted that the state law was defensible under the New Jersey Constitution.  Interestingly, when asked they would not opine if defensible under the US Constitution. 

A lawsuit against the state of New Jersey for violations of LEOSA was the only path forward. As the main advocate, manager and author of or legal arguments, our association joined forces with the NJ FOP. We filed suit against the state of New Jersey. 

A federal judge, after three years of litigation, ruled NJ’s system unlawful.

What Does This Mean for New Jersey LEOSA QRLEO?

In the Judge’s order, he said:-Plaintiffs’ Motion for Summary Judgment is hereby GRANTED;

This means the court accepted all the arguments the plaintiffs’ provided.

and it is further

-Defendants’ Cross-Motion for Summary Judgment (ECF Nos. 41) is hereby DENIED; 

This means every argument New Jersey made trying to support the RPO permit scheme or its preemption of federal law was denied by the court. 

and it is further

-that N.J.S.A.2C:39-5, N.J.S.A. 2C:39-6(1), and N.J.S.A. 2C:39-3(f) are preempted by LEOSA, as-applied, to any retired law enforcement officer who is qualified under 18 U.S.C. § 926C(c) (“QRLEO”) and has identification required by J 8 U.S.C. § 926C(d), regardless of their residence; and it is further

This decision officially preempts every NJ law that keeps QRLEOs from carrying in NJ. Every QRLEO can now carry in New Jersey without obtaining an RPO permit. As long as they’re compliant with the federal law.

-that any QRLEO who has identification required by 18 U.S.C. § 926C (d) may carry a concealed firearm in the State of New Jersey, including hollow point ammunition, without obtaining a Retired Police Officer permit under New Jersey law regardless of their residence or the agency from which they retired;

LEOSA ID Cards

Many state and federal agencies issue LEOSA ID cards. It doesn’t matter if the agency is in the QRLEO’s state of residence or not. Some New Jersey agencies already issue these LEOSA identifications and most federal agencies do as well.  This is a sample LEOSA card from the Department of the Air Force. Any department in New Jersey may now issue similar credentials. 

Air Force LEOSA card

-and it is further

ORDERED that the State of New Jersey is enjoined from arresting and/or prosecuting any QRLEO who has identification required by 18 U.S.C. § 926C(cl) regardless of their residence or the agency from which they retired; and it is further

As long as a QRLEO is compliant with the federal statue, they are immune from arrest in New Jersey. This applies to state statutes concerning concealed carry or carrying hollow point ammunition.

ORDERED that the Clerk is instructed to mark this matter CLOSED.

Other Points for New Jersey LEOSA:

Qualifications:

Under 18 U.S.C. § 926C, a QRLEO only needs to qualify once a year via any state recognized firearms instructor.  That qualification is meant to be either at the “active duty” standard or standards set by any law enforcement agency. This could be any agency within that state to carry a firearm of the same type as the concealed firearm.

Magazine Capacity:

The federal LEOSA statue, 18 U.S.C § 926C, is silent on magazine capacity.  Therefore, there is nothing in the federal statute that prohibits a state from enforcing magazine capacity limitations. But there is an argument that Section 18usc926(e)(B) covers magazines as well as ammunition. If the LEOSA Reform bill was passed, it was clarify magazine capacity issues. 

State and Private Property:

The federal statue also allows the state to not permit LEOSA carry on state property. Private persons (Meadowlands complex, restaurants, etc) may also prohibit cary.  

As the lawsuit progressed, I convinced the Department of Justice to weigh in in support of our lawsuit.  They filed a Statement of Interest in the case that said “It is the position of the United States that qualified retired law enforcement officers who possess “the identification required by subsection (d)” of 18 U.S.C. § 926C “may carry a concealed firearm,” and use hollow-point bullets with that firearm, “[n]ot withstanding any other provision of the law of any State.” 18 U.S.C. § 926C(a); see id. § 926C(e)(1)(B). and now, the federal court in New Jersey has affirmed that position and no longer will a LEOSA compliant QRLEO have to live in fear of New Jersey’s laws. 

Didn't find what you were looking for?

CLICK HERE FOR COMMENTS

RELATED POSTS

A group of law enforcement professionals train with pistols on the range.

Law Enforcement Ammo: America’s Largest Police Department Firepower

A Tacoma Police Shooting left an armed gunman dead.

VIDEO: Cop Drops Armed Suspect With One Rifle Shot, Ending Gun Battle

New Jersey keeps trying to prevent law enforcement officers from practicing concealed carry.

New Jersey Continues Disarming its Law Enforcement Officers

A suspect tried to run over a Decatur off-duty officer in his own yard.

VIDEO: Decatur Off-Duty Officer Ambushed by Vehicle in Own Front Yard

Load More

TACTICAL-LIFE NIGHT SHOOTER SEASON 2

Discussion about this post

FEATURED POST

The Final Edition of the Walther P99 pistol.

UPDATED: Final Edition Walther P99 Closes Out Model Run

The Walther P99 AS 9mm pistol is a cutting-edge handgun streamlined for duty with the Irish, Finns, Malaysians and Bond,...

Read more

TRENDING

U.S. Secret Service adopts Glock G47

FIRST LOOK: Glock Just Very Quietly Unveiled the New Glock 47 Pistol

...

5 new pistols launched at NASGW.

5 New Pistols Launching for 2023

...

Police Sidearms, police duty pistols, Handguns, America's Largest Police Departments 2018

Police Sidearms: The Handguns of America’s 10 Largest Departments

...

The new Smith & Wesson M&P 5.7 pistol packs 22+1.

Smith & Wesson M&P 5.7 Packs 22+1 Rounds of Firepower!

...

PICK A CATEGORY

TACTICS & TRAINING SPOTLIGHT

Tactical Reload Semi-Auto Pistol Step 8

5 Strategies For Effectively Completing a Tactical Reload

If you’re reading this publication, you’re most likely familiar with the “speed reload,” sometimes called the “combat reload” or “emergency...

TACTICS & TRAINING SHOWCASE

Fact vs. Fiction 5 Myths Gunfight Survival lead

5 Common Myths on How to Survive a Gunfight

Standing Your Ground Castle Doctrine lead

Understanding Stand Your Ground Laws and Castle Doctrine

long distance shooting tips

Long-Distance Shooting: 5 Must-Know Tips For Spotters & Shooters

IMPACT Experience Events.

IMPACT Experience Events Redefine Your Long-Range Shooting Limits

Enhance your shooting precision skills in a course with Modern Day Sniper.

Sniper Skills: Taking Your Shooting Precision to the Next Level

Once you find a carry gun that works for you, get another for a spare. These “hammerless” S&W J-frame lightweights are M340 M&P with Hogue Bantam grips, top, and a M442 Airweight with Crimson Trace Lasergrips, below.

10 Commandments of Concealed Carry

self-defense myths can be dangerous

Self-Defense Myths that Could Get you Killed

Mossberg 590 Shockwave review for home defense myths

4 Home Defense Myths You Need to Stop Repeating

The Dicken Drill is named for Eli Dicken who saved many lives in the Greenwood Mall

The Elisjsha Dicken Drill

AMMO SPOTLIGHT

Remington Ammunition Issues Recall Notice on 12-Gauge Premier Accutip Ammo.

Remington Ammunition Issues a 12-Gauge Premier AccuTip Ammo Recall

Remington Ammunition has recently discovered an issue related to its 12-Gauge Premier Accutip ammo and issued a recall notice. This...

site logo
Tactical Life Gun Magazine: Gun news, gun reviews and gun magazines for gun enthusiasts, military and law enforcement

Tactical

  • tactical-life.com

Magazines

  • Tactical Life
  • The Complete Book of Reloading
  • Guns of the Old West

Facebook

  • Tactical-Life Facebook
  • Guns of the Old West Facebook

Twitter

  • Tactical-Life Twitter

Self Defense

  • PersonalDefenseWorld.com

Magazines

  • Personal Defense World
  • Combat Handguns

Facebook

  • Personal Defense World Facebook
  • Combat Handguns

Twitter

  • Personal Defense World Twitter

Shooting Lifestyle

  • BallisticMag.com

Magazines

  • BallisticMag.com

Facebook

  • Ballistic Magazine Facebook

Twitter

  • Ballistic Magazine Twitter

Alpha Lifestyle

  • SkillsetMag.com

Magazines

  • Skillset

Facebook

  • Skillset Magazine Facebook

Twitter

  • Skillset Magazine Twitter

Instagram

  • Skillset Magazine Instagram
  • Contact
  • Advertise
  • Subscribe
  • Terms of Use
  • Privacy Policy
  • California Privacy Notice
  • Cookie Policy
© Athlon Outdoors, All Rights Reserved.
You use of this website constitutes and manifests your acceptance of our User Agreement, Privacy Policy, Cookie Policy, and awareness of the California Privacy Rights. Pursuant to U.S. Copyright law, as well as other applicable federal and state laws, the content on this website may not be reproduced, distributed, displayed, transmitted, cached, or otherwise used, without the prior, express, and written permission of Athlon Outdoors.

Manage your GDPR consents by clicking here. Manage your CCPA consents by clicking here.
No Result
View All Result
  • Guns
    • Rifles
    • Handguns
    • Shotguns
  • Knives
  • Gear
    • Holsters
    • Optics & Sights
    • Accessories
    • Ammo
    • Suppressors
  • News
    • New Products & Industry News
    • Police News
    • Military News
  • Videos
  • Contact Us

© 2023 JNews - Premium WordPress news & magazine theme by Jegtheme.