Law Enforcement Officers Safety Act of 2004

Crosstimbers Okie · 01-13-2008, 07:20 PM

Here's some interesting guidance from Florida.

It requires Powerpoint or Powerpoint Viewer. Powerpoint Viewer can be downoaded at the Microsoft website.

http://www.fdle.state.fl.us/OGC/Semi...DLESTHR218.pps

Crosstimbers Okie · 01-13-2008, 07:39 PM

Here are some more informative links:

Police Chief Magazine - View Article

HR 218, the Law Enforcement Officer Safety Act

Jed P · 01-17-2008, 02:52 AM

One of the problems with LEOSA is that it only overrules "state and local" laws. It doesn't override federal laws, such as the Gun Free School Zone Act. The original act (1990) was found unconstitutional by the Supreme Court in 1995 (United States v. Lopez), but was rewritten with a few minor changes in 1995 and reenacted.

If the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtain such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; which is--

not loaded; and in a locked container, or a locked firearms rack which is in a motor vehicle; by an individual for use in a program approved by a school in the school zone; by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; by a law enforcement officer acting in his or her official capacity; or that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Based on this, if you rely on LEOSA for off-duty carry, you can't travel within 1000 feet of a school, unless you have a CCW permit and you stop, unload and secure the firearm. There is no provison for off-duty LEO's.

18 USC 922 (q) is the title for the Gun Free School Zone Act

18 USC 926B and 926C are the titles for application of LEOSA, but don't exempt LEO's from the Gun Free School Zone Act.

Take a look at Gun Free School Zones News and see an example of the impact on concealed carry.

Hope this brings some sunshine into your day! If you see any errors in this post, please, let me know. I hope I'm wrong on this.

Jed P · 01-17-2008, 07:47 AM

Well, with HR 660 being signed into law I would imagine HR 2325 is probably dead since they were redundant. The problem is that Public Law 110-177 doesn't force the BOP to provide weapon storage. Also, the final version (now PL 110-177) doesn't specify all law enforcement in the DOJ have the right to carry firearms. Oh well, another hope/dream/fantasy smashed, lol.

Crosstimbers Okie · 01-17-2008, 11:25 AM

Yes, there's only one way to get around the Gun free School Zones Act. That is to have a concealed carry permit issued by the state that the school zone is in. Thank you Bill Clinton and all you coward Republicans in Congress.

For instance, I have a non-resident Florida permit and a permit from Pennsylvania. In Florida & Pennsylvania I can legally drive through a school zone with a gun in my car without fear of being prosecuted. I live in Missouri and work in Kansas. In either of those states I violate federal law if I drive through a school zone with a gun in my car.

Von Nanega · 01-17-2008, 12:44 PM

I live within a 1000 feet of a school!

Jed P · 01-17-2008, 12:52 PM

Quote:

Originally Posted by Von Nanega

I live within a 1000 feet of a school!

Me too. Therefore, every time we step out our doors, the weapon has to be unloaded and secured.

WRITE YOUR CONGRESS CRITTER!

We almost had it made with the original wording of HR 660!

Jed P · 01-17-2008, 12:53 PM

Quote:

Originally Posted by Crosstimbers Okie

For instance, I have a non-resident Florida permit and a permit from Pennsylvania. In Florida & Pennsylvania I can legally drive through a school zone with a gun in my car without fear of being prosecuted. I live in Missouri and work in Kansas. In either of those states I violate federal law if I drive through a school zone with a gun in my car.

As long as you stop, unload it and secure it.

KBCraig · 01-17-2008, 08:07 PM

Quote:

Originally Posted by Jed P

Based on this, if you rely on LEOSA for off-duty carry, you can't travel within 1000 feet of a school, unless you have a CCW permit and you stop, unload and secure the firearm. There is no provison for off-duty LEO's.

That's or, not and.

2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.

Meeting any of those seven exemptions is enough.

Jed P · 01-18-2008, 02:16 AM

Quote:

Originally Posted by KBCraig

That's or, not and.

Good catch, I missed that. Still, no help for LEOSA eligibles without CCW in the state the school zone is in. I've written my Congressman and Senators about this. Who knows if I'll get any response or if anything will come of it. I am fortunate to have a very conservative representative, and mostly conservative senators.