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Thread: LEOSA: FLEOA & NJ FOP Take on NJ

  1. #21
    Member
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    Central PA
    Easy friend! I simply missed Fed LE. Not just LE. But clearly EVERYONE is unhappy with NJ stance on the subject.

  2. #22
    Member TGS's Avatar
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    Back in northern Virginia
    Update: NRA-ILA filed an amicus brief this week.

    @joshs, are you able to share it here? Anything juicy?
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

  3. #23
    banana republican blues's Avatar
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    Email received from the president of FLEOA regarding the DOJ's position on LEOSA:

    DOJ Supports FLEOA in NJ LEOSA Battle


    Recently the Department of Justice filed a Statement of Interest supporting FLEOA’s ongoing battle with the NJ FOP against the State of New Jersey for violations of the Law Enforcement Officers Safety Act (LEOSA).

    In their filing, DOJ affirmed FLEOA’s long-standing position that LEOSA is the law of the land and pre-empted any state law that failed to recognize LEOSA as that including with types of ammunition.

    New Jersey, for decades, created their own scheme and did not recognize a qualified law enforcement officers LEOSA rights including what type of ammunition they were authorized to carry.

    In the DOJ filing, they concluded by saying "It is the position of the United States that qualified retired law enforcement officers who possess "the identification required by subsection (d)” of 18 U.S.C. § 926C "may carry a concealed firearm,” and use hollow-point bullets with that firearm, "[n]otwithstanding any other provision of the law of any State.” 18 U.S.C. § 926C(a); see id. § 926C(e)(1)(B).”

    President Cosme said, "We are very grateful for the support of DOJ in our pursuit of justice for our members against New Jersey.” He continued, "We’ve maintained for years that LEOSA was the law of the land and New Jersey preempted and ignored that. Our members have a right that they earned and no state should ever stand in the way of that. " said Cosme. "We feel the DOJ filing will only strengthen our position with the federal Judge who in the end should only affirm what we have known, that the federal LEOSA statue is the law of the land.”
    Link to case
    There's nothing civil about this war.

    Read: Harrison Bergeron

  4. #24
    banana republican blues's Avatar
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    Update:

    UPDATE: FLEOA Lawsuit Against State of New Jersey over Preemption of LEOSA

    FOR IMMEDIATE RELEASE

    October 14, 2020

    WASHINGTON, DC – Today, the Federal Law Enforcement Officers Association (FLEOA), provided the following update regarding FLEOA’s ongoing lawsuit against the State of New Jersey regarding their preemption of federal LEOSA law:

    On October 13th, 2020, the Attorney General for New Jersey sent a letter (attached) to the federal court requesting that the court dismiss their previously filed Motion to Dismiss our LEOSA lawsuit. In their Motion to Dismiss filing, New Jersey asserted a position and arguments that were incongruous with the lawsuit.

    FLEOA and the NJ FOP initially replied to the New Jersey Motion to Dismiss (attached) and argued that the grounds New Jersey requested a dismissal on were incoherent to the original issues the lawsuit was filed under - that the federal LEOSA statute pre-empted federal law and if a law enforcement officer meets the qualification criteria outlined in the statute, no state could bar that right including the use of hollow point ammunition.

    On October 8th, 2020, as reported last week, the Department of Justice weighed in with a Statement of Interest (attached) in support of our and the NJ FOP position in the lawsuit.

    These developments are positive and show that FLEOA’s arguments against New Jersey’s application of LEOSA have merit.

    Stay tuned to more developments as we continue to work through the federal court to ensure law enforcement LEOSA rights are protected.
    Link to letter referred to above.

    Motion to Dismiss

    Statement of Interest
    There's nothing civil about this war.

    Read: Harrison Bergeron

  5. #25
    banana republican blues's Avatar
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    Update:

    Dear FLEOA Members,

    The State of New Jersey has finally answered our LEOSA violations complaint. In doing so, New Jersey essentially denied our allegations set forth in the complaint. This pushes us to a judicial conference on December 1st for discovery purposes. We feel our position is strong and that New Jersey has and continues to violate the LEOSA rights of law enforcement officers by not accepting the preeminent federal law.

    Click Here to Read New Jersey's Filing


    Fraternally,
    Larry Cosme
    National President
    Federal Law Enforcement Officers Association
    New Jersey's Filing
    There's nothing civil about this war.

    Read: Harrison Bergeron

  6. #26
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    Central PA
    NJ will always resist to the very very end on anything firearms related!!!!

  7. #27
    Site Supporter HeavyDuty's Avatar
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    Not very bright but does lack ambition
    Quote Originally Posted by blues View Post
    TL;DR of their response: I know you are, but what am I?

    I hope the courts withhold lube on this one.
    Ken

    BBI: ...”you better not forget the safe word because shit's about to get weird”...
    revchuck38: ...”mo' ammo is mo' betta' unless you're swimming or on fire.”

  8. #28
    This is just petty and spiteful at this point.
    #RESIST

  9. #29
    Site Supporter
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    Allen, TX
    Hardballing all the way. This will be a hell of a fight, I think.
    Regional Government Sales Manager for Aimpoint, Inc. USA
    Co-owner Hardwired Tactical Shooting (HiTS)

  10. #30
    Quote Originally Posted by Screwball View Post
    Guess I’m good when I drive down. CBP doesn’t let officers carry their own weapons on aircraft... so have to be duty weapon.
    I realize this is a bit of a necropost...

    You are saying CBP only allows you to fly with your issued weapon, but when you drive to NJ you will carry a personally owned (non-duty) weapon?

    Presuming CBP allows off duty carry of said duty weapon, I’d strongly suggest carrying your duty weapon and not relying on LEOSA, especially in a state like NJ. Your authority as a Fed dwarfs the authorities/protections in LEOSA. Don’t give your agency a reason not to scope you in the event you are involved in a shooting. And don’t count on a Swiss cheese law like LEOSA to save you.


    LEOSA will be better than nothing when I’m retired.

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