DC must let ex-prison guards pack heat, federal court rules

[HCM]

DC must let ex-prison guards pack heat, federal court rules

Four former prison guards who were barred from carrying concealed guns despite a 2004 federal law that gave off-duty and retired law enforcement officers the right to pack heat won a landmark court victory on Thursday.

In a 2-1 decision, the U.S. Court of Appeals for the Washington D.C. Circuit held that the city’s Department of Corrections improperly barred the men from carrying concealed firearms, saying the 2004 Law Enforcement Officers Safety Act guaranteed their right. The court rejected the city’s argument that the law does not apply to corrections officers because they lack arresting authority.

“[Congress] left no discretion for a state to revise the historical record of an individual qualified law enforcement officer,” read the majority opinion.

http://www.foxnews.com/us/2016/06/03...l?intcmp=hpbt4


How will this effect the case of the PA CO charged with illegal gun possession in NJ as documented here: https://pistol-forum.com/showthread....l-Gun-With-Him

As I recall, the argument was LEOSA did not apply to the PA CO since he did not have arrest authority.

[TGS]

I have a feeling that something isn't being reported in its entirety.

[Kukuforguns]

How will this effect the case of the PA CO charged with illegal gun possession in NJ as documented here: https://pistol-forum.com/showthread....l-Gun-With-Him

As I recall, the argument was LEOSA did not apply to the PA CO since he did not have arrest authority.

It won't have any direct impact on the PA case. The PA officer is being charged and prosecuted in NJ state court. The DC decision came out of the DC Circuit -- which is a federal appellate court. The DC Circuit cannot tell NJ state courts what LEOSA means. Situations like this - different interpretations of the same law by different courts - increase the likelihood of the Supreme Court reviewing a law to provide some uniformity.

I say there won't be a direct impact because the PA defense team can reference the DC Circuit opinion as persuasive authority, but the NJ courts are not required to do anything more than say, "That's nice."