Tactical Life Gun Magazine: Gun News and Gun Reviews
  • News
  • Guns
    • Rifles
    • Handguns
    • Shotguns
    • Special Weapons
  • Gear
    • Accessories
    • Ammo
    • Holsters
    • Knives
    • Optics & Sights
    • Suppressors
  • Lifestyle
    • Culture
    • Military & Police
    • Tactics & Training
  • Videos
No Result
View All Result
Tactical Life Gun Magazine: Gun News and Gun Reviews
  • News
  • Guns
    • Rifles
    • Handguns
    • Shotguns
    • Special Weapons
  • Gear
    • Accessories
    • Ammo
    • Holsters
    • Knives
    • Optics & Sights
    • Suppressors
  • Lifestyle
    • Culture
    • Military & Police
    • Tactics & Training
  • Videos
No Result
View All Result
Tactical Life Gun Magazine: Gun News and Gun Reviews
No Result
View All Result
 
FREE GUN FRIDAY > Enter to WIN the Ruger PC Charger & PC Carbine, Ammo from Black Hills and the Caldwell Portable Range Kit!

Op-Ed: States Not Abiding by Law Enforcement Safety Act for LEO Carry

Donald J. Mihalek by Donald J. Mihalek
April 21, 2021
in Lifestyle, Military & Police, News
0
Law Enforcement Safety Act, glock pistols female police officer
0
SHARES
8
VIEWS
Share on FacebookShare on Twitter

Confusion abounds regarding the differences between the Law Enforcement Safety Act (LEOSA) and state concealed carry permits. Many law enforcement officers remain unclear as to what each offer and if they need to obtain one or both.

U.S. Senate 2015 Defense Authorization Bill
RELATED STORY

Capitol Police: ‘We are Struggling to Meet Existing Mission Requirements’

Law Enforcement Safety Act

LEOSA became federal law, enacted in 2004. It allows two classes of people — the “qualified Law Enforcement officer” and “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. Congress amended the law in 2010 and 2013; in both cases LEOSA authority actually expanded and enhanced. 

LEOSA’s legislative history shows original intent supersedes state laws pertaining to permits, including the home state of the individual claiming its exemption. 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.”

The law also explicitly allows QRLEOs to carry any firearm, defined in the law as “having the same meaning as in section 921 of this title; includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and does not include any machine gun (as defined in section 5845 of the National Firearms Act); any firearm silencer (as defined in section 921 of this title); and any destructive device (as defined in section 921 of this title).” it includes any duty weapon, magazines and hollow point or other duty type ammunition authorized under LEOSA.

DOJ Support

The Department of Justice, in support of FLEOA’s lawsuit against the state of New Jersey for its flagrant violations of LEOSA, stated in its motion that, “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]notwithstanding any other provision of the law of any State.” 18 U.S.C. § 926C(a); see id. § 926C(e)(1)(B).

The LEOSA statute also clearly empowers Agencies, not states, to issue LEOSA credentials, which is why LEOSA credentials are not a “permit,” rather the authority to carry. A LEOSA credential comes only after a QRLEO meets the federal LEOSA stipulations.

So why is there so much confusion and apparent disparities across the nation with LEOSA, state concealed carry permits, and their applications? 

Some states, like New Jersey, have created a state scheme that appears to replace LEOSA credentialing with a state permitting regime, which violates the intent of LEOSA. These states, despite federal law, implemented policies that have unlawfully pre-empted the federal law and have, in essence, turned LEOSA credentialing into a state permitting process that is out of compliance with LEOSA. 

Beyond New Jersey

New Jersey isn’t alone though. Hawaii, Rhode Island, Montana, and others either added regulations or remain non-compliant with the federal LEOSA. These states have effectively taken a federal law and attempted to neuter or ignore it.

Some states and individuals often misconstrue the full import of the LEOSA statute and what is allows, which is a limited waiver of concealed carry regulations in any state or U.S. territory. That waiver grants a right to carry an authorized concealed weapon throughout the United States and its territories. But it does not provide any other types of legal abilities beyond authorization to carry a concealed weapon. 

Civilian state permitting varies as well. Pennsylvania and Texas remain “shall issue,” but New York and New Jersey constitute “may issue” states. Then Vermont stands as Constitutional Carry, where the state requires no permit. These state issued permits provide different levels of state rights and authorities never intended for inclusion in LEOSA. Those authorities could include the ability to carry on private property or in state buildings sanctioned by state law. Some state CCW permits are also designed for business activities, like security or protective work, and include a certain amount of liability protections when carrying a concealed weapon under that state permit. LEOSA does not provide those type of state liability protections. 

Navigating State Lines

It is also important to know the limitations of the federal LEOSA statute; it doesn’t permit carry generally in state office buildings and private property. Federal courthouses and some other federal buildings are also prohibitive of LEOSA or any concealed weapons. 

While LEOSA is indeed a federal authority that grants a limited concealed carry waiver across the 50 states and every U.S. territory, state “permits” are bound by state lines and reciprocity agreements with other states. This is where LEOSA, as an authority, has no boundaries. Conversely, state permits, granted by a state, remain bound by state lines. Law enforcement officers must understand the differences, staying armed and ready for whatever situation they may face. 

Note: The above piece is an op-ed; there is no intention of legal guidance of any kind.

Didn't find what you were looking for?

CLICK HERE FOR COMMENTS

RELATED POSTS

The Beretta American Defender program offers discounts to first responders

Beretta American Defender Program Offers Discounts for First Responders

Mossberg 590 Shockwave review for home defense myths

4 Home Defense Myths You Need to Stop Repeating

Air Force OSI Selects Glock

Air Force OSI Selects Glocks for New Duty Pistol

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

The Elisjsha Dicken Drill

Load More

TACTICAL-LIFE ARTICLE PAGE VIDEO

Discussion about this post

FEATURED POST

The Beretta American Defender program offers discounts to first responders

Beretta American Defender Program Offers Discounts for First Responders

In appreciation of First Responders and Military Personnel, Beretta USA announces that it has launched its Beretta American Defender Program. This program...

Read more

TRENDING

ATF Agent James Burk sued Columbus police, excessive force, reup

VIDEO: ATF Agent James Burk Tased by Columbus Police, Files Suit

...

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

...

what are the best revolvers for home defense

Best Revolvers for Home Defense [2022]

...

PICK A CATEGORY

TACTICS & TRAINING SPOTLIGHT

Mossberg 590 Shockwave review for home defense myths

4 Home Defense Myths You Need to Stop Repeating

We cover home defense related issues a lot here on Tactical Life. Whether it's using a revolver for home defense,...

TACTICS & TRAINING SHOWCASE

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

The Elisjsha Dicken Drill

You've got your concealed carry gun on you and get stopped by the cops. What do you do next?

What to Do When Pulled Over with a Concealed Carry

If you're serious about learning tactics for stopping an active shooter, you have to train hard

Tactics for Stopping an Active Shooter

it's important to know concealed carry laws by state

Concealed Carry Laws by State

Gun cleaning gunk 5000 rounds

Gun Cleaning: 5 Reasons Why You Need to Clean Your Firearms

learning the art of clearing pistol malfunctions could save your life

Clearing Pistol Malfunctions: A Lifesaving Self Defense Skill

Top 10 Lifesaving Concealed Carry Tips for 2022

Top 10 Lifesaving Concealed Carry Tips for 2022

Stippling a handgun

6 Steps to Stippling a Gun for Beginners

What Are NFA Trusts?

What Are NFA Trusts?

site logo
Tactical Life Gun Magazine: Gun news, gun reviews and gun magazines for gun enthusiasts, military and law enforcement
  • 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
  • Military & Police
  • News
  • Tactics & Training
  • Videos
    • LATEST VIDEOS
    • FREE GUN FRIDAY
    • RELOADING ZONE
    • SCCY Branded Videos
  • Publications
  • Advertising
  • Contact Us

© 2022 JNews - Premium WordPress news & magazine theme by Jegtheme.