Any restrictions for anyone carrying under LEOSA makes them the same as NY or NJ. Also, in 2010 San Fernando CA PD got its ass handed to them for arresting a Coast Guardsman who was carrying under LEOSA.Originally Posted by john c
http://hoffmang.com/firearms/diaz/Di...dAgreement.pdf
I haven’t heard anything from my buddy but I will post when I do.
It’s been a few years since I’ve been but this was my experience also. The 10 mag limit applies because LEOSA is silent on that. Hawaii doesn’t consider you a LEO because you don’t have arrest powers there. I never had an issue traveling with a firearm. One other thing to remember is the zero tolerance on impairment. Their guidance says any alcohol or drug amount = impairment and removes LEOSA status.
https://ag.hawaii.gov/cjd/law-enforcement-index-page/
Retired officer guidance
https://ag.hawaii.gov/cjd/files/2014...-QLEO-926C.pdf
“Notwithstanding any other provision of the law of any State or any political subdivision thereof...” seems to be very clear preemptive language that these states are overtly disregarding. 18 USC 96 B & C allows for restricted locations (specified private or government properties), but does not provide any provision for additional firearm or personal registration procedures.
The Federal statutes provide the sole legal requirements.
I’m not a lawyer. The lawyers I’ve spoke with say the problem is where LEOSA is silent. An example is mag restrictions. LEOSA doesn’t say you can carry “large capacity” magazines and that is why you are subject to states with them. LEOSA fixed the hollow point ammo issue a few years ago but defining legal to carry ammo.
Hopefully the bill adding legal mag definitions will pass at some point. LEOSA deals with carrying a concealed weapon outside your jurisdiction and that is where states are overruled by the federal law. But until LEOSA specifically addresses other issues, we get stuck with states laws on things like registration (Hawaii) and mag limits when carrying under LEOSA.
Although this is not a legal opinion or advice, I think that a valid argument can be made that LEOSA does address magazine limits, and even more strongly overrules registration.
18 USC 926 Et Seq. addresses the constituency of the firearms by stipulation of interstate commerce and also prohibitions on types (NFA models devices). That language, it would seem, constitutes the limiting factors applied by the Federal statute upon the firearm itself, including its constituent components.
Registration is nowhere to be found in any construction or consideration under LEOSA; it is a contrived artifice.
The term “notwithstanding” is typically defined as "in spite of, without regard to or prevention by. The courts, in a number of instances, have accepted that the plain meaning of notwithstanding is “in spite of." (Commonwealth of Pennsylvania v. Sanchez-Rodriguez, 814 A. 2d 1234 (2003)
Re Mattabi Mines Ltd. and Mine Assessor, 72 O.R. (2d) 88 (1990)
Mitchell Estate, 25 B.C.L.R. (3d) 249
Stone Street Capital, LLC v. California State Lottery Com., 165 Cal. App. 4th 109 (2008)
Wisener v. Wisener Estate, 2000 ABQB 162)
LEOSA operates under the umbrella statement of “Notwithstanding any other provision of the law”. I do not think that the issue is that the law is unclear, or that it does not address the instant issues. I think that it is twisted like a wax nose because statists always push until they receive pain in return. Unless and until someone with the financial capability can take them on and bring penalties with a victory, they will continue to dance around even any clarified “fixes” to the law.
After all, that is the normative pattern for communist tyrants.
Last edited by Gray01; 05-15-2019 at 02:10 PM.
Last I checked, Hawaii was one of the 50 states of the union. How they can decide that you're not a cop is beyond me, complete bullshit, and blatantly illegal.
Agree.
Maybe it's time for this guy to step up to the plate and read these states the riot act...
...with a little support from this group:
There's nothing civil about this war.
Wait until you find out how they feel about armed citizens
#RESIST
I was turned in to the Honolulu P.D., (as some kind of imminent threat), by a twerp employed as an airport agricultural inspector who had seen my ID, boarding pass with armed LEO authorization prior to my departure back to the mainland. This was twenty-five years ago. I can only imagine how far things have devolved since then.Wait until you find out how they feel about armed citizens
There's nothing civil about this war.
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