ive never met a cop/trooper yet that understood the laws very well if at all. a state trooper clarifying it means not much. point being requires a lawyer who researches case law to get a true valid opinion on the subject. biggest mistake one can make is getting legal advice from a police officer.
Seriously dude? Do you even want to go to a cop bash? I mean, by all means if you want to change the nature of this conversation, feel free, but this is supposed to be The High Road and not "I hate cops, cops don't know the law and blah blah blah". Your snippy dig against cops is nothing more than an expression of your own lack of knowledge or training on the subject and a typical "nuh uh" statement lacking substance.
When I visit Michigan (or any other state under HR218/LEOSA)
as a retired officer I am required to follow all the state's laws extant regarding concealed carry, where I can carry, or magazine capacity limits.
All LEOSA does is allow me to carry a concealed handgun in that state, it does NOT grant federal exemption to ANY other state law. I cannot carry high capacity magazines in New York
for example because LEOSA does not contradict NYS SAFE Act for retired LEOs.
In fact, in New Jersey, I am prohibited from carrying or possessing JHP ammo
in public as well, so I carry Glaser Safety Slugs loaded in my Glock 36, and my spare mags are loaded with Hornady 230gr Truncated Cone, which adheres to NJ law on ammo, and NYSs 7-round magazine capacity limit for non serving/retired out of state LEOs. I am bound by the laws regarding magazine capacity there for NON LE which is 15 rounds, but as I have family in Cape May NJ and in New York State, I make the best compromise available to carry in a manner that complies with the rules of the road on both sides of the state lines. I just carry
I have no special exemption under LEOSA to carry into a bar if it is otherwise prohibited in Maryland, for example. I cannot carry concealed, as a retired LEO, in a church in Nebraska or Louisiana...
even with the permission of the pastor.
As for
officers not knowing the law...please explain to me where
you got your law degree? Can you name the academy where you taught the law classes (I can name the one where I did, focusing on 4th Amendment adherence and Lethal Force). When did you attend any of the FBI Academy extension courses for police officers, or FBI-LEEDA continuing law classes? Tell me when you took LFI-1 and LFI-2? I took my first LFI classes in 1994 and do you want to argue with Massad Ayoob?
Go ahead and call a lawyer in...
pick a state...and ask "How is LEOSA as it applies to retired officers being enforced in your state?" or "Does a retired officer from Arizona have to inform a Michigan police officer that he is carrying under LEOSA?" or "Does LEOSA grant any special exemptions to retired cops carrying in your state?".
You know what answer you'll get? "
Um...LEO-what? Let me get back to you on that." unless you get REALLY lucky and actually get an attorney who specializes in lethal force law, or is an enthusiastic member of the NRA. I bet they can wax on for hours about tort law, divorce, bankruptcy, and personal injury, or DUI defense in their state...but ask any attorney here how much time they spent on self defense, use of force, or firearms law in law school. Most of them will tell you that if you want to know how those laws are applied by LE and interpreted by a court in a given jurisdiction...they will tell you to ask a cop. Spats will probably agree with this one.
Michigan State Police is one of the most respected and highly thought of LE agencies in the country. MSP Troopers are the best of the best. The best educated, the most well trained, and the most widely trusted in the state. My friend, whom I have known for well over 20 years, is a court recognized SME in lethal force, ballistics, and an instructor at the Michigan State Police Academy in Lansing MI. So, yeah, I will take his word/opinion/interpretation of Michigan carry laws over anyone but the man in the raven suit on the bench.
The most recent and updated version of LEOSA regarding the
privilege granted to retired LEOs is below. NOWHERE in the verbiage will you see any exemptions to state law other than "yeah, they can carry a gun". If it is not clearly spelled out...regarding "duty to inform" or "magazine capacity" or "any exemption it is "presumed NOT to exist".
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§ 926C. Carrying of concealed firearms by qualified retired law enforcement officers
(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).
(b)
This section shall not be construed to supersede or limit the laws of any State that--
(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
(c) As used in this section, the term "qualified retired law enforcement officer" means an individual who--
(1) separated from service in good standing from service with a public agency as a law enforcement officer;
(2) 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 or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);
(3)(A) before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or
(B) 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;
(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State;
(5)(A) 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 subsection (d)(1); or
(B) 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 this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection (d)(1);
(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(7) is not prohibited by Federal law from receiving a firearm.
(d) The identification required by this subsection is--
(1) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm; or
(2)(A) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that indicates the person as having been employed as a police officer or law enforcement officer; and
(B) a certification issued by the State in which the individual resides or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met--
(I) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or
(II) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.
(e) As used in this section--
(1) the term "firearm"--
(A) except as provided in this paragraph, has the same meaning as in section 921 of this title;
(B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and
(C) does not include--
(i) any machinegun (as defined in section 5845 of the National Firearms Act);
(ii) any firearm silencer (as defined in section 921 of this title); and
(iii) any destructive device (as defined in section 921 of this title); and
(2) the term 'service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.