H.R. 218 L.E.O. Safety Act of 2004 - Page 2
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Thread: H.R. 218 L.E.O. Safety Act of 2004

  1. #11
    Sheepdog Academy recently supplied the following:

    March 2009: Plymouth, MA Police Officer Kevin Coakley was off-duty at home when he was arrested and charged with unlawful possession of a personal high-capacity Glock handgun and unlawful discharge in violation of state law. Coakley fired at a coyote in self-defense. After consultation with Steve Mannion, Esq., his counsel argued LEOSA in response to the possession charge. The Court dismissed the possession charge without decision and continued the remaining charges for one year pending good behavior. People of Massachusetts v. Kevin Coakley, (2009).

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  3. #12
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    Quote Originally Posted by netentity View Post
    Nevada has no magazine capacity restrictions. You could legally carry a semi-auto AR-15 or AK-47 pistol with a drums as those meet statutory definition of a handgun per the NRS and LEOSA. I'd be interested to see how you could conceal it though.

    The only States with magazine capacity restrictions are CA, HI, MA, MD, NJ and NY(C). I do not know if their magazine restriction laws apply to LEOSA qualified retirees. Looking at the laws of those States gives me a bigger headache than the IRS code.

    According to my sources here in PRHI, LEOSA applies to the firearm. The magazine restrictions may still apply. I say "may" because it's a gray area that's contingent mostly on the officer and county where you encounter the local LE. Honolulu county will detain the person in question until credentials can be verified unless the person in question has already applied for and received a permit to carry. In the process of verifying the credentials, the LEO may decide to charge under HRS 134-8.




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  4. #13
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    Quote Originally Posted by Glock Fan View Post
    According to my sources here in PRHI, LEOSA applies to the firearm. The magazine restrictions may still apply. I say "may" because it's a gray area that's contingent mostly on the officer and county where you encounter the local LE. Honolulu county will detain the person in question until credentials can be verified unless the person in question has already applied for and received a permit to carry. In the process of verifying the credentials, the LEO may decide to charge under HRS 134-8.
    Unfortunately we have no case law on this issue.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR, PA & UT CCW Holder
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  5. #14
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    Quote Originally Posted by Jerseyguy View Post
    Sheepdog Academy recently supplied the following:

    March 2009: Plymouth, MA Police Officer Kevin Coakley was off-duty at home when he was arrested and charged with unlawful possession of a personal high-capacity Glock handgun and unlawful discharge in violation of state law. Coakley fired at a coyote in self-defense. After consultation with Steve Mannion, Esq., his counsel argued LEOSA in response to the possession charge. The Court dismissed the possession charge without decision and continued the remaining charges for one year pending good behavior. People of Massachusetts v. Kevin Coakley, (2009).
    It appears that this was heard in a MA and not a US Court unless you can provide more information on the case. While that case law may be applied in other States which magazine capacity restrictions I wouldn't bank on it unless it was heard in a US Court.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR, PA & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

  6. #15
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    Quote Originally Posted by Tomas View Post
    Thanks for the info. Where does Nevada law preclude you from carrying? eg. casinos etc
    The only places under LEOSA you need to worry about are;

    Posted buildings or buildings with a metal detector at each entrance; keep in mind under 18 926C signage does have force of law for LEOSA holders even if the property is not statutorily prohibited for NV CFP holders. If a casino is posted for no firearms, I can legally carry there under the authority of my NV CFP however you cannot because of the operative phrase unde 18 USC 926C;

    (b) This section shall not be construed to supersede or limit the laws of any State tható
    (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property

    So if you carry under LEOSA in a posted casino or other establishment you could be charged with a category C felony.

    Depending on the language of the sign used, you could legally carry in posted "public buildings" in Nevada. If it's a blanket no firearms sign then no. If the language of the sign specifically references NRS 202.3673 then you should be ok.

    The flip side to that is that you can legally carry in licensed child care facilities that are not otherwise posted in Nevada because there's an exemption for peace officers, it makes no differentiation for active duty or retired peace officers. That area is prohibited under NRS 202.265.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR, PA & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

  7. #16

    Not so quick

    Yes LEOs may be exempt under Nevada law on school property, but if off-duty they violate the Fed Gun Free School Zone. LEOSA does not protect against that fed law.

  8. #17
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    Quote Originally Posted by Jerseyguy View Post
    Yes LEOs may be exempt under Nevada law on school property, but if off-duty they violate the Fed Gun Free School Zone. LEOSA does not protect against that fed law.
    I have to fumble sometime, mark this day on your calendar folks. It doesn't happen often. I'm not too narcissistic to say it never happens.

    There's however, a legal gray area if you're LEOSA certified. If someone is LEOSA certified in Nevada, does qualify as a federal gun free school zone act exemption for Nevada since the county sheriff had to issue the qualification credentials? That's a question best addressed by BATFE and a member of the US bar. I see a coin toss decision that one.

    Of course the easy way around this is to get a CCW in the State you reside then it becomes a moot issue if you expect to be in K-12 schools. You do get the licensed Nevada child care facility prohibition waived though.

    It does not, however, affect active duty LEOs. An active duty LEO is a big gray area depending on department policy.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR, PA & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

  9. #18

    Meaning of Retired In Good Standing

    A retired NJ LEO is fighting the denial of his HR 218 carry permit. His former employer raised 2 objections to his retired permit. First, they argue he was fired before he received his State in the line of duty physical disability retirement. Second, they argue he should be disqualified for attending 3 stress therapy sessions. This is a case to watch. Also, the Essex County, NJ Police Academy is holding its next Understanding HR 218-LEOSA seminar on August 26, 2009 from 6p-9p.

  10. #19
    Quote Originally Posted by netentity View Post
    The only States with magazine capacity restrictions are CA, HI, MA, MD, NJ and NY(C).
    Actually New York State has magazine restrictions at 10 rounds, not just the city.

  11. #20
    LEOSA does not exempt one from magazine capacity restrictions, or other silliness like California's not-unsafe list of acceptable firearms.

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