School me on LEOSA please.

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CoyoteSix

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Hi all, I'm trying my best to get into my local Law Enforcement program.

The other day I ran across the term "Law Enforcement Safety Act".

I though it was interesting, did some Wikipedia work and basically came out with a general idea.

LEOSA: Signed in by G.W. Bush in 2004, it allows LEOs and Retired/ Non full time LEO's to carry concealed in any jurisdiction in the U.S. with "Certain Restrictions".

So if/when I become an LEO I'd be able to Conceal Carry anywhere so long as I'm a sworn officer?

Does this only apply to conceal carry?

Can I carry firearms that aren't legal in certain states in said states? EX: Take a personally owned weapon with standard capacity mags (EX: Glock 17, AR15, Etc. ) to California?

Would I be able to conceal carry on school campus?

Please enlighten me! Thanks THR.
 
18 USC 926(b) allows qualified active duty LE's to carry concealed exempt from state or local laws. Federal regulations still apply (federal bldgs, post offices, etc)

No NFA's silencers or destructive devices, and your agency ID is required.
 
AlaskaMan said:
18 USC 926(b) allows qualified active duty LE's to carry concealed exempt from state or local laws. Federal regulations still apply (federal bldgs, post offices, etc)

AlaskaMan:

I think you'll find that the exemption from state or local laws only applies to laws forbidding Concealed Carry entirely.

IOW, if you can't carry in a Funeral Home as a local licensee, you can't carry there under LEOSA, either. But you'd be legal on the street in front of the place.

You can, however, carry in places where licenses are difficult or impossible to get (or just plain don't exist).

In short, where there are restrictions for local licensees, you're stuck with them. In places where no local licensees exist, there really aren't going to be any restrictions.

(BTW, I think it's SC that has the Funeral Home rule. OH does us with Houses of Worship.... :( )

Regards,
 
LEOSA allows a "qualified" person to carry concealed exempt from all state and local laws, with a few exceptions. You are not permitted to carry in a school due to the GFSZA being a federal law. You must obey "No Gun" signs on private property in states that have such a law, as well as states that declare government buildings, parks, etc off limits. Any and all federal laws still apply. You can't fly with it either. The law is not clear on magazine capacity, though there is some inference that if you are within your agency's off duty policy you'd be alright (I wouldn't want to be the one to test it though). The 2010 amendment did include any ammunition not federally restricted, so you could carry hollow points in places like NJ. There, is that clear as mud?

ETA: The confusion around this poorly written law is another great example that the people making the law have absolutely no idea what they're talking about. It also illustrates how nonsensical and pointless their existing laws are.
 
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The hollow point restriction was done away with in 2010. They are 100% legal.

The GFSZA allows residents of the state to carry on school grounds as long as they carry a license issued by that state. In other words, out of state residents are still restricted.
 
Originally Posted by Steve in PA
The hollow point restriction [New Jersey] was done away with in 2010. They are 100% legal....
Since this could be a very serious issue, please cite a source for this information.


New Jersey and hollow point ammunition:
N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations.

To see the restrictions, go to the NJ State Police website here: http://www.njsp.org/about/fire_hollow.html
 
So it looks like Steve in PA was wrong about hollow point ammunition being "100%" legal in New Jersey. The possession and use of hollow point ammunition in New Jersey is subject to some notable restrictions.

Since the possession and use of hollow point ammunition is subject to those restrictions, it can not be properly described as 100% legal.
 
SMM Associates your interpretation of LEOSA is incorrect. You can carry in the funeral home or church in your examples unless they were posted by the funeral home or church itself in states that allow such postings.

New Jersey still has a law regarding hollow points which is complex in and of itself. Leosa now contains an exemption to that law for those who qualify.
 
You'll note also that the magazine restriction is moot as LEOSA defines firearm as described in that section, thereby removing the hi cap prohibitions of many jurisdictions in addressing the LEOSA allowances.
 
I should have clarified my answer about HP ammo in NJ. If the officer is covered under LEOSA, then he is 100% legal to carry HP ammo in NJ.

The 2010 amendment to LEOSA covers HP ammo for those officers. LEOSA does not address magazine capacity, so there is no exception for out of state/retired officers covered under LEOSA.

These are slides from a course taught by Sheepdog Academy on LEOSA.

leosa_ammo.jpg

LEOSA_magazine_zpsfdcde662.jpg
 
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This is the definition of "firearm" as noted in section 921. Note, it makes no mention of a magazine, therefore nothing is moot. Magazine restrictions still apply to out of state officers under LEOSA.

(3) The term "firearm" means (A) any weapon (including a starter
gun) which will or is designed to or may readily be converted to
expel a projectile by the action of an explosive; (B) the frame or
receiver of any such weapon; (C) any firearm muffler or firearm
silencer; or (D) any destructive device. Such term does not include
an antique firearm.
 
I should have clarified my answer about HP ammo in NJ. If the officer is covered under LEOSA, then he is 100% legal to carry HP ammo in NJ.

The 2010 amendment to LEOSA covers HP ammo for those officers. LEOSA does not address magazine capacity, so there is no exception for out of state/retired officers covered under LEOSA.

These are slides from a course taught by Sheepdog Academy on LEOSA.

leosa_ammo.jpg

LEOSA_magazine_zpsfdcde662.jpg
Bullet #2, slide 59 is incorrect: Federal law does not prohibit possession of handgun ammunition by persons under age 21.
 
Try buying ammo for a handgun if you are under 21. If they can't buy it, then how can they possess it?

This is from the ATF website;

Q: Does a customer have to be a certain age to buy firearms or ammunition from a licensee?

Yes. Under the GCA, long guns and long gun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some State and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If State law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement.

[18 U.S.C. 922(b)(1), 27 CFR 478.99(b)]
 
Let's see, There are rifles is .22LR, .22rfm, .32 S&W long, .38 Special, .357 mag, 38/40, 9mm Luger, 40 S&W. .44 special & magnum, 44/40, .45 ACP, .45 "long colt", and I'm sure some I missed. Not many calibers a minor can't buy if he says it's for a long gun.
 
Try buying ammo for a handgun if you are under 21. If they can't buy it, then how can they possess it?

This is from the ATF website;

Q: Does a customer have to be a certain age to buy firearms or ammunition from a licensee?

Yes. Under the GCA, long guns and long gun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some State and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If State law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement.

[18 U.S.C. 922(b)(1), 27 CFR 478.99(b)]

Lots and lots of ways to obtain ammunition for a handgun for folks under 21. Private sales, gifts, etc.


Key phrases: "Buy" and "from a Licensee"


So you are also implying that 18-21 years old cannot posses a handgun. :banghead:
 
I never said anything about 18-21 not being able to possess a handgun. Lot's of legal ways for them to be able to possess them.

I will agree that the slide in question is not totally correct, as a person 18-21 being able to carry/possess a handgun would also be legal to have it loaded, where permitted.
 
heyjoe said:
SMM Associates your interpretation of LEOSA is incorrect. You can carry in the funeral home or church in your examples unless they were posted by the funeral home or church itself in states that allow such postings.

heyjoe:

This is probably state-dependent. In OH, for example, a funeral home is considered like any other business, and may post or not, at their option, just like Sears. Nothing statutory....

However, a House of Worship is a statutory CPZ (Criminal Protection Zone) unless posted as "Concealed Carry Welcome" or the worshiper has permission (preferably in writing) that permits them to carry. (This is the only statutory CPZ in OH that allows for such exemption, except for schools, where the School Board can similarly grant individual permission - they can't just put up a nice sign that allows carry.)

For LEOSA folks, in OH, a House of Worship still needs a welcome sign or permission, and a school requires permission. Other statutory or private CPZ's are off-limits, just like for the rest of us.

There's some disagreement as to whether a posted private CPZ's "management" can authorize you (we're talking about Sears or something like that), but the only issue seems to be the risk to the licensee (and that'd include LEOSA people) in that the "management" that tells you it's OK may not have the authority. Anybody can tell you not to carry in their business (or home), but it seems to require a note from the Pope to be authorized to carry in there once the signs are up.

Couple of notes:

An on-duty LEO generally can carry just about anywhere, but a guy who's on vacation from an "always on duty" PD may have some issues with that claim :D. He/she may also get a pretty big "look the other way" by local LE, regardless.

The off-duty or retired LEO, likewise, is likely to get special handling, but is at least technically bound to obey the same postings and other things that the rest of us do here in OH.

(At this point, while schools and government buildings are supposed to post, there may be some that don't. Houses of Worship are NOT required to post, but may put up "welcome" signs. If you see the steeple, but no sign, it's a statutory CPZ. Generally, it's a felony to carry in a statutory CPZ, with no "willingly" out. Private businesses would rarely be a problem, but signage should be honored.)

Finally, parking lots: With the possible exception of some "secure" lots at the Post Office or a prison, posted lots are a Civil issue, and probably can be ignored, except for school parking lots, which are still statutory CPZ's. These all apply to LEOSA folks who are not really on duty.

Just FWIW, I'm a semi-retired rent-a-cop. I generally support LE, and the exemptions for LEO's (both "on duty" and retired). I'd just like to see the rest of us accorded the same courtesy, especially while traveling.... Visitors to OH are subject to some seriously off-the-wall laws due to the legislature preferring to make felons out of honest citizens instead of prosecuting real criminals. One beauty: The required signage for statutory CPZ's says "unless authorized by law", which, of course, covers on-duty LEO's, but does not cover licensees or visitors - LEOSA or otherwise. But it's a tad hard to find in the law!

(A lot of private CPZ postings now say specifically that "if you have a license, you're not welcome". Some of them seem to lock out on-duty LEO's, too :D....)

Regards,
 
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