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

[HCM]

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?

Our agencies position has always been that federal credentials trump state law. The supremacy clause of the constitution (article IV, clause 2) applies to NJ too.

[MDFA]

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.

My gutting the program comment was in general, not specific to the ammunition or magazine capacity issues.

[Jason M]

Next week has me traveling through NJ to NYC for a non-duty related "good reason". The choice to go was not made lightly and without some serious debate given the current state of firearms law(s), and their enforcement in those two states. A well vetted G43 loaded with Hornady CD ammo will be the armament of the day given the current state of things.

[LSP552]

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...

How did you resist telling him to kiss your Federal Ass and that explain that was a good way to end up with Federal charges?

When I moved to RI last year, I purposely drove around NJ because of the legal arsenal in the back of my truck. Fuck NJ.

[jnc36rcpd]

I talked with a Federal Air Marshal instructor at a NTOA program several years ago. He recounted the story of being stopped for traffic by an NJSP. The trooper inquired about weapons in the car and was told that there was an M-4 in the back. The next thing our FAM knew, the trooper was calling FAMS headquarters with the serial number to ensure it was an agency rifle.

If it had been me, I would have thanked the trooper and told him that he, every member of his organization, and their families could expect reciprocal treatment whenever they attempt to board or fly on a commercial aircraft.

[El Cid]

I talked with a Federal Air Marshal instructor at a NTOA program several years ago. He recounted the story of being stopped for traffic by an NJSP. The trooper inquired about weapons in the car and was told that there was an M-4 in the back. The next thing our FAM knew, the trooper was calling FAMS headquarters with the serial number to ensure it was an agency rifle.

If it had been me, I would have thanked the trooper and told him that he, every member of his organization, and their families could expect reciprocal treatment whenever they attempt to board or fly on a commercial aircraft.

How’d the trooper get the serial number? I don’t believe I’d have been so generous.

[TGS]

How’d the trooper get the serial number? I don’t believe I’d have been so generous.

Possession of firearms is PC to search a car in NJ to retrieve the weapon, as the possession of firearms is preemptively illegal and only allowable under certain exceptions that you have to prove.

[Hambo]

Possession of firearms is PC to search a car in NJ to retrieve the weapon, as the possession of firearms is preemptively illegal and only allowable under certain exceptions that you have to prove.

Do FAM trainers not have FAM creds, or do NJSP look for PC on LEOs as a general rule?

[JDD]

Possession of firearms is PC to search a car in NJ to retrieve the weapon, as the possession of firearms is preemptively illegal and only allowable under certain exceptions that you have to prove.

I speak from a position of extreme ignorance on this, but does presenting valid credentials as a Federal Law Enforcement Officer (potentially combined with agency verification of the creds) not stop that process cold, long before the vehicle is searched/trunk opened/serial read.

But perhaps that is my strong feelings about federal supremacy being a generally good thing showing through...

[El Cid]

Possession of firearms is PC to search a car in NJ to retrieve the weapon, as the possession of firearms is preemptively illegal and only allowable under certain exceptions that you have to prove.

Federal LE ID covers that proof. NJ just needs a lesson in manners and the Constitution.

I speak from a position of extreme ignorance on this, but does presenting valid credentials as a Federal Law Enforcement Officer (potentially combined with agency verification of the creds) not stop that process cold, long before the vehicle is searched/trunk opened/serial read.

But perhaps that is my strong feelings about federal supremacy being a generally good thing showing through...

If I was a fed LEO, in a federal LE vehicle, with federal LE weapons then the trooper is going to have a bad week. I’m not going to give consent to do anything. He’s going to have to make it into a “thing” which will end with a civil suit against him and the NJSP as a minimum. He can write the FAM a citation for speeding or whatever traffic offense was committed. But the supremacy clause HCM mentioned protects the FAM (or any fed LEO).