LEOSA and State Residency

This is a discussion on LEOSA and State Residency within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; A quick read of the law does not reveal any requirement that the qualified law enforcement officer, as that term is defined, actually be a ...

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Thread: LEOSA and State Residency

  1. #1
    Member Array gmark340's Avatar
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    LEOSA and State Residency

    A quick read of the law does not reveal any requirement that the qualified law enforcement officer, as that term is defined, actually be a resident of the state in which he is employed by his agency.

    Could this lead to the interesting possibility that the officer may live in a state, his home state, in which it is difficult or impossible to obtain a carry permit but, by virtue of his working for an agency in another state, his work state, he can carry in his home state under LEOSA?

    Before everyone jumps in and says "obviously," can anyone point to any cases that have addressed this issue under this relatively new law or whether there was any discussion of this particular issue leading up to the legislation? I am aware of at least one state that takes the position that this may not be permissible and I don't know of anyone that willingly wants to be the test case in such a situation.

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    I'm not that familiar with the LEOSA law, but since it is federal law, I believe it would trump the state.

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    I dont think it would make any difference.
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    VIP Member Array mcp1810's Avatar
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    A friend and former coworker of mine was a Deputy Sheriff in Montgomery County Maryland and lived in Washington D.C. Was not a problem for him.
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    Member Array gmark340's Avatar
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    Thanks, guys. Yes, Federal law should override state law with respect to this matter and no, the law doesn't seem to indicate a preference for where someone should live versus where their agency is. However, I don't know that all the anti-gun states have gotten that message.

    mcp1810 - in your example, was it not a problem for your friend simply because he went about his business conservatively and didn't get stopped or questioned or did he actually have some interaction with the authorities in DC who acknowledged the Federal law?

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    VIP Member Array matiki's Avatar
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    I work with a couple retired, and a couple of active LEO's and they have never had issues, including one that lives in Canada. As long as you have your ID (active) or proof you've qualified with your weapon in the last twelve months on department letterhead (retired) you should be good to go. In Hawaii they do have to register their firearms for stays past 3 days, I don't know if other states have similar requirements. It's just a matter of stopping in at the PD and doing the paperwork.
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    VIP Member Array mcp1810's Avatar
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    I don't know if Stan had any incidents while off duty. I am not aware of any of our officers ever having trouble in D.C. even pre LEOSA. Part of that might be because we were an adjoining jurisdiction and had official interactions with MPD on an almost hourly basis. We also did a lot more work in D.C. under our mutual aid agreement than they ever did in the county. Could be they were just being good neighbors.
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    Quote Originally Posted by matiki View Post
    I work with a couple retired, and a couple of active LEO's and they have never had issues, including one that lives in Canada. As long as you have your ID (active) or proof you've qualified with your weapon in the last twelve months on department letterhead (retired) you should be good to go. In Hawaii they do have to register their firearms for stays past 3 days, I don't know if other states have similar requirements. It's just a matter of stopping in at the PD and doing the paperwork.

    Canada wouldn't honor LEOSA.

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    Ex Member Array joeblow's Avatar
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    Quote Originally Posted by gmark340 View Post
    A quick read of the law does not reveal any requirement that the qualified law enforcement officer, as that term is defined, actually be a resident of the state in which he is employed by his agency.

    Could this lead to the interesting possibility that the officer may live in a state, his home state, in which it is difficult or impossible to obtain a carry permit but, by virtue of his working for an agency in another state, his work state, he can carry in his home state under LEOSA?

    Before everyone jumps in and says "obviously," can anyone point to any cases that have addressed this issue under this relatively new law or whether there was any discussion of this particular issue leading up to the legislation? I am aware of at least one state that takes the position that this may not be permissible and I don't know of anyone that willingly wants to be the test case in such a situation.

    That would apply to officers who work in NY but live in NJ. Under LEOSA they are legal to carry in NJ even though NJ says it's illegal. Two hurdles: The department for which the officer works may declare their own rules about where he can live or carry, and 2. NJ may say they don't care what LEOSA says and they'll do whatever they want and arrest him anyway.

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    Ex Member Array joeblow's Avatar
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    Quote Originally Posted by joeblow View Post
    That would apply to officers who work in NY but live in NJ. Under LEOSA they are legal to carry in NJ even though NJ says it's illegal. Two hurdles: The department for which the officer works may declare their own rules about where he can live or carry, and 2. NJ may say they don't care what LEOSA says and they'll do whatever they want and arrest him anyway.

    That's what the officer at NJ police headquarters who I spoke with by phone told me when I asked if I'd have any problem flying in and out of Newark airport with LEOSA (I'm retired LE).

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    NJ may say they don't care what LEOSA says and they'll do whatever they want and arrest him anyway.
    I'm having a hard time beleiving that. That would be a false arrest. LEOSA was created just because of anti gun fanatics. It's federal law.
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    VIP Member Array matiki's Avatar
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    Quote Originally Posted by gmark340 View Post
    A quick read of the law does not reveal any requirement that the qualified law enforcement officer, as that term is defined, actually be a resident of the state in which he is employed by his agency.

    Could this lead to the interesting possibility that the officer may live in a state, his home state, in which it is difficult or impossible to obtain a carry permit but, by virtue of his working for an agency in another state, his work state, he can carry in his home state under LEOSA?

    Before everyone jumps in and says "obviously," can anyone point to any cases that have addressed this issue under this relatively new law or whether there was any discussion of this particular issue leading up to the legislation? I am aware of at least one state that takes the position that this may not be permissible and I don't know of anyone that willingly wants to be the test case in such a situation.
    Quote Originally Posted by matiki View Post
    I work with a couple retired, and a couple of active LEO's and they have never had issues, including one that lives in Canada. As long as you have your ID (active) or proof you've qualified with your weapon in the last twelve months on department letterhead (retired) you should be good to go. In Hawaii they do have to register their firearms for stays past 3 days, I don't know if other states have similar requirements. It's just a matter of stopping in at the PD and doing the paperwork.
    Quote Originally Posted by joeblow View Post
    Canada wouldn't honor LEOSA.
    Now that I've assembled these together I hope you understand that no one said Canada would honor LEOSA.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    Ex Member Array joeblow's Avatar
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    Quote Originally Posted by HotGuns View Post
    I'm having a hard time beleiving that. That would be a false arrest. LEOSA was created just because of anti gun fanatics. It's federal law.

    Recently heard of an active NC cop arrested in NJ.

    Problem is LEOSA was very poorly written and there is no agency enforcing it, so if the powers that be in NJ or NY or wherever feel like arresting someone who is supposed to be covered by LEOSA, he's on his own, and he may have to hire a lawyer from the local dungeon to assert that it was a false arrest and meanwhile NJ will trot out their DA's and on staff lawyers to argue that it was not.

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    What would be the point of arresting a cop that was carrying a gun under LEOSA?

    I havea hard time understanding why anyone would even mess with that. What would they have to gain?

    Whats the point of having a federal law if only 48 or 45 or any number less than the 50 choose not to abide by it?

    I dont think LEOSA was poorly written. I's actually pretty simple. If you meet the criteria, you are good to go.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  16. #15
    VIP Member Array matiki's Avatar
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    LEOSA is the law.

    Like all laws, it can be broken. Remedy lies in the courts.

    Having an agency assigned to enforce it would change nothing.

    As we all know - people speed, people drink and drive, people assault one another. These are all laws, with agencies assigned to enforce them.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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