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Thread: Off-duty/retired LEO in states with mag capacity limits

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    Off-duty/retired LEO in states with mag capacity limits

    With a magazine ban initiative brewing in my own state next year, and the LEOSA amendment exempting such likely to stall in the new House, I'm hoping to hear from you fellows in states with mag limits already in place. How does the mag capacity law affect off-duty and retired LEOs in your state?

    I know CA exempts off-duty and retired CA officers from their 10-rd limit, but not out-of-state officers. I'm imagining that active, off-duty officers are probably not affected anywhere (in their own states), but what about retired officers?

    Our union has channels to the group crafting this initiative, and I'm thinking we might need to be proactive on the issue, lest our retired officers run afoul of a new law...

    Thanks.

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    Quote Originally Posted by Joe Mac View Post
    With a magazine ban initiative brewing in my own state next year, and the LEOSA amendment exempting such likely to stall in the new House, I'm hoping to hear from you fellows in states with mag limits already in place. How does the mag capacity law affect off-duty and retired LEOs in your state?

    I know CA exempts off-duty and retired CA officers from their 10-rd limit, but not out-of-state officers. I'm imagining that active, off-duty officers are probably not affected anywhere (in their own states), but what about retired officers?

    Our union has channels to the group crafting this initiative, and I'm thinking we might need to be proactive on the issue, lest our retired officers run afoul of a new law...

    Thanks.
    It is state specific. For example your assumption about off duty active officers is wrong in at least one state.

    NJ has long prohibited their own active off duty state and local officers from carrying restricted / high capacity mags off duty. This will become more of an issue now that NJ has reduced their civilian mag limit from 15 rounds to 10.

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    Agree this will be State specific. If you have a hand in the process, try to encourage them to craft an exemption for both local retired and LEOSA qualified retired officers from out of state.

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    Site Supporter psalms144.1's Avatar
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    Quote Originally Posted by HCM View Post
    It is state specific. For example your assumption about off duty active officers is wrong in at least one state.

    NJ has long prohibited their own active off duty state and local officers from carrying restricted / high capacity mags off duty. This will become more of an issue now that NJ has reduced their civilian mag limit from 15 rounds to 10.
    This NJ craziness is getting out of hand. I've got a bunch of agents who are assigned in NJ who are now wondering if they can carry their duty weapon off duty. I'd like to think Federal credentials trump this asininity, but I'd hate to have one of them become the test case for this...

    ETA - looking on Google (not a sound legal practice, I'll admit) SEEMS to indicate that NJ passed some sort of "waiver" bill that authorizes off-duty LEOs to have "high capacity" magazines on them. Anyone stuck in the Garden State have any clarification?
    Last edited by psalms144.1; 12-13-2018 at 09:09 AM.

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    banana republican blues's Avatar
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    Quote Originally Posted by psalms144.1 View Post
    This NJ craziness is getting out of hand. I've got a bunch of agents who are assigned in NJ who are now wondering if they can carry their duty weapon off duty. I'd like to think Federal credentials trump this asininity, but I'd hate to have one of them become the test case for this...

    ETA - looking on Google (not a sound legal practice, I'll admit) SEEMS to indicate that NJ passed some sort of "waiver" bill that authorizes off-duty LEOs to have "high capacity" magazines on them. Anyone stuck in the Garden State have any clarification?
    If they're FLEOA members, (and I hope they are), they will definitely be represented in the event that they run into any issues in this situation.

    Last year the solution for NYC was 10 rounds or less in my G26, and Hornady Critical Defense in NJ to avoid any potential unpleasantness. It's a friggin' joke. Beginning next year I'll only have to juggle the lunacy of NYC and Maryland. (Oh joy.)

    NJ needs a big federal boot up its ass.
    There's nothing civil about this war.

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    Quote Originally Posted by psalms144.1 View Post
    This NJ craziness is getting out of hand. I've got a bunch of agents who are assigned in NJ who are now wondering if they can carry their duty weapon off duty. I'd like to think Federal credentials trump this asininity, but I'd hate to have one of them become the test case for this...
    I can’t imagine it getting as far as a test case. Even with the most anti-gun department headed by the most ill-informed leadership, I imagine it would get sorted out fairly quickly.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

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    Site Supporter psalms144.1's Avatar
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    Quote Originally Posted by TGS View Post
    I can’t imagine it getting as far as a test case. Even with the most anti-gun department headed by the most ill-informed leadership, I imagine it would get sorted out fairly quickly.
    I'd like to believe that, but, in the not too distant past I had a SGT with NJSP tell me that my Federal Agents were breaking NJ law by carrying issued hollowpoint ammunition in their issued weapons when off duty...

    Can't WAIT to escape from the east coast...

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    Quote Originally Posted by psalms144.1 View Post
    I'd like to believe that, but, in the not too distant past I had a SGT with NJSP tell me that my Federal Agents were breaking NJ law by carrying issued hollowpoint ammunition in their issued weapons when off duty...

    Can't WAIT to escape from the east coast...
    I get that, I remember you telling us that a while ago.

    There's retards everywhere, man. We shouldn't optionally restrict ourselves to comply with someone's wrong assessment of a very clear cut, one-sided situation. There's simply no gray area whatsoever with this. They can feel free to be wrong however much they want, that doesn't change law.

    Put it this way: we are the Teletubby of domestic LE. We are the only federal agency of our size that doesn't report directly to the department head. Even we aren't worried about it.
    Last edited by TGS; 12-13-2018 at 09:42 AM.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

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    This has really gotten beyond bullshit when a State can change a Federal Law at their whim. Don't forget NJ requires a Out Of State Retired Officer to get a Mother May I Letter from them to carry under LEOSA, as well as the whole Hollowpoints Issue. Way to gut a good program NJ and NY.....
    Be Aware-Stay Safe. Gunfighting Is A Thinking Man's Game. So We Might Want To Bring Thinking Back Into It.

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    banana republican blues's Avatar
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    Quote Originally Posted by MDFA View Post
    This has really gotten beyond bullshit when a State can change a Federal Law at their whim. Don't forget NJ requires a Out Of State Retired Officer to get a Mother May I Letter from them to carry under LEOSA, as well as the whole Hollowpoints Issue. Way to gut a good program NJ and NY.....
    NYC didn't gut LEOSA in that magazine capacity wasn't addressed in LEOSA. So when I discussed the NY / NYC statutes for LEOSA carry in NYC, (which are somewhat cryptic seemingly by design), the lead attorney from FEDS agreed that the prudent course was to carry 10 round magazines in NY / NYC.

    (NY / NYC only allows LEOs who retired while serving in NY to carry higher than ten round mags. At least that was the case up through last summer when I researched and consulted with the attorney on the matter at length. I don't know if the rules have changed since then.)

    On the other hand, that same attorney from FEDS stated that the (LEOSA) law was clear on the ammunition issue and that NJ had no leg to stand on in regard to limiting federally legal handgun ammunition.

    There's also no way that I'd be asking NJ to grant me any sort of permission while I legally carry under federal law and guidelines. They can pound sand.
    Last edited by blues; 12-13-2018 at 10:33 AM.
    There's nothing civil about this war.

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