User Panel
Posted: 10/20/2017 11:57:06 PM EDT
Are Law enforcement officers subject to the same gun restrictions on magazine capacities and type of firearms when carrying off duty for concealed carry in ban states such as California, NY, etc...
Also can LE keep their own personal long guns with high capacity magazines in their homes in ban states or are they subject to the same restrictions as civilians? |
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[#3]
LEOs are exempt from the ban here, as well as .mil.
<<<<<< location |
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[#4]
Here is a good read to get you started: https://www.policeone.com/legal/articles/241915006-4-LEOSA-cases-and-what-they-mean-for-your-concealed-carry/
You can also google LEOSA or HR 218 for more material. Someone correct me if I am wrong, but state mag and/or ammo restrictions could still be an issue if someone wanted to be "testy". |
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[#5]
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[#6]
Quoted:
Here is a good read to get you started: https://www.policeone.com/legal/articles/241915006-4-LEOSA-cases-and-what-they-mean-for-your-concealed-carry/ You can also google LEOSA or HR 218 for more material. Someone correct me if I am wrong, but state mag and/or ammo restrictions could still be an issue if someone wanted to be "testy". View Quote |
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[#7]
Cant speak for anywhere else, but in NY, All sworn full time LE, (Fed, State and Local) is exempted from all the state gun laws.
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[#8]
NY LEOS are exempt when off duty
LEOs visiting NY from out of state have to abide by the magazine capacity limits if not in NY in an official capacity |
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[#9]
in Kalif - Peace officer LEOs are exempt from high cap mag ban, and off roster pistols - Fed LEOs weren't exempt until recently.
No LEO exemptions to buy/possess "assault weapons", To purchase a real AR15, must be for duty use and have a letter from agency. Normal waiting period and background check applies to everyone, no waiting period for LEOs on duty guns, with agency letter. LEOs are exempt from the FSC test (firearm safety card), with proper agency ID. |
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[#10]
Supposedly we should be getting LEOSA this year, we already technically fall under the law except for not having an ID card system in place.
It would be helpful if there were an online guide to LEOSA and what restrictions each state had for LE carry. |
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[#12]
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[#13]
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[#14]
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[#15]
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[#16]
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[#17]
Quoted:
LEOs are exempt from the ban here, as well as .mil. <<<<<< location View Quote This guy was active duty army but was taking graduate courses at Yale. He owned several non compliant personal firearms and went to the state police firearms section to get squared away. Apparently they agreed he was permuted to have them no one had ever approached the firearms division so they didn't have any paperwork. After talking to a bunch of different folks they wrote him a note or letter giving him the go ahead |
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[#18]
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[#19]
Quoted:
Cool, this is the first I've heard about this, are they going to give us credentials or change the wording in LEOSA? View Quote Basically everything I've read about leosa and the CG has been "Yes we qualify but we're not going to really let you". They dragged their feet on the ID portion, but according to that page it's set for FY18. If you shoot me your official email I'll send the portal page your way. Disclaimer, I leave for BBOC next week, so I should get my cert by the end of the year. |
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[#20]
Thanks for the responses. I will also be getting my LEOSA and was curious if I were to travel in ban states such as NY and California.
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[#21]
Short answer; yes, unless specified in state law. For example Hawaii, I can carry in the state with my credentials but I am still limited to the 10 round handgun magazine limitation imposed by the state.
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[#22]
I thought the Coast Guard was good to go with LEOSA for a long time. Case law from 2008:
https://www.policeone.com/legal/articles/241915006-4-LEOSA-cases-and-what-they-mean-for-your-concealed-carry/ |
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[#23]
Quoted:
Short answer; yes, unless specified in state law. For example Hawaii, I can carry in the state with my credentials but I am still limited to the 10 round handgun magazine limitation imposed by the state. View Quote I don't know if they'd fly, but I wouldn't want to be the test case. |
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[#24]
Quoted:
I thought the Coast Guard was good to go with LEOSA for a long time. Case law from 2008: https://www.policeone.com/legal/articles/241915006-4-LEOSA-cases-and-what-they-mean-for-your-concealed-carry/ View Quote The CG (other than CGIS and CGP) doesn't have badges or any LE specific ID at this point. There's also a section in the Maritime Law Enforcement Manual that speaks to LEOSAs non-applicability at this point. |
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[#25]
We can buy, own and carry anything we want so long as we abide by Federal Law. Only state law we have to follow is we have to let the dept know every pistol we purchase since we are not required to have a pistol permit, we carry them on our shield/credentials.
Full NFA privileges too. It's funny when I speak to out of state dealers about ordering NFA stuff and then tell them I'm from NY.. lol |
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[#27]
Quoted:
I'd like to see a list of LEOSA restrictions for out of staters. My primary off duty is a G19, but if I was visiting New York I guess I'd only be able to carry my G43? View Quote |
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[#28]
So.....(other shoe dropping) I can’t seem to find any of the relevant federal or state constitutional provisions for this, ....
... but what provides for, and why do we allow generally our LE agencies and their officers to have a greater capacity in their firearms, coupled with greater rates of fire than is generally allowed for the public they serve? |
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[#29]
Quoted:
Full NFA privileges too. It's funny when I speak to out of state dealers about ordering NFA stuff and then tell them I'm from NY.. lol View Quote I had to take a copy of the penal law in with the appropriate sections highlighted, and the ATF trolls still called NYSP for verification. I'd understand if it was a new inspector, but this was someone with decades on the job looking to yoke up a dealer over legitimate transfers |
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[#30]
Quoted:
... but what provides for, and why do we allow generally our LE agencies and their officers to have a greater capacity in their firearms, coupled with greater rates of fire than is generally allowed for the public they serve? View Quote Don't forget that after the federal ban passed in 1994, they immediately turned around and tried to drop the maximum magazine capacity to six rounds in a follow up piece of legislation. They chip away at gun issues any way they can. They're persistent cockroaches |
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[#31]
Quoted:
The liberal mentality that the general population doesn't «need» certain things for recreational purposes. They don't believe that any self defense scenario would require more than the contents of a neutered magazine. Don't forget that after the federal ban passed in 1994, they immediately turned around and tried to drop the maximum magazine capacity to six rounds in a follow up piece of legislation. They chip away at gun issues any way they can. They're persistent cockroaches View Quote Good answer. Like the way you think. |
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[#32]
Quoted:
So.....(other shoe dropping) I can’t seem to find any of the relevant federal or state constitutional provisions for this, .... ... but what provides for, and why do we allow generally our LE agencies and their officers to have a greater capacity in their firearms, coupled with greater rates of fire than is generally allowed for the public they serve? View Quote Dimocrats don't want to get their police or pocket politicians riled up - in a lot of these states, the Dims *are* the police, mostly. |
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[#33]
Quoted:
We can buy, own and carry anything we want so long as we abide by Federal Law. Only state law we have to follow is we have to let the dept know every pistol we purchase since we are not required to have a pistol permit, we carry them on our shield/credentials. Full NFA privileges too. It's funny when I speak to out of state dealers about ordering NFA stuff and then tell them I'm from NY.. lol View Quote |
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[#34]
Quoted:
I will be the one to say that you should be restricted to the same laws you enforce. I think its wrong that NY cops can do what they want but one of my Marine buddy that went back home to buffalo had to sell off most of his firearms. What makes since about that? He was more qualified than most police. View Quote Back when the federal ban was first proposed, the authors contemplated not exempting local LE, which in the late 80s and early 90s was still in the middle of the transition from traditional wheelguns and shotguns to semi handguns and rifles. The only exempted entity would have been military uses. Ultimately I think they realized that their justification for the ban...that police were being outgunned by criminals...would fall apart if the police themselves were not able to possess the things they wanted to ban. The reality is that the lefties recognize an official use need for the stuff they want to ban. That's why they allow LEOs and military while acting in their official capacity to own this stuff. They don't recognize a similar use for recreational use by non-military/ LEO. It's a basic difference of views between the left and right on gun ownership. edit: as far as mil vets being more qualified, I've seen some vets and their scary handling of ARs... and LEOs who were better in this regard than vets. The most reckless handling of an AR that I saw over the last 3 weeks of range qualification was a vet who should have known better The main difference is deployed vs non-deployed. if you haven't lived with the thing 24/7 for months on end, you're not going to have the same degree of familiarity and comfort level. Even some combat arms vets who never deployed have some degree of familiarity that many LEOs lack, because the vets spent much of basic living with their M16s |
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[#35]
Quoted:
I will be the one to say that you should be restricted to the same laws you enforce. I think its wrong that NY cops can do what they want but one of my Marine buddy that went back home to buffalo had to sell off most of his firearms. What makes sence about that? He was more qualified than most police. View Quote |
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[#38]
Quoted:
I don't enforce safe act provisions View Quote There might be any number of things that were thrown into the SAFE Act stew that agencies may charge and have counted as " SAFE Act arrests" that have absolutely nothing to do with the bans on military pattern rifles or magazines..... |
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[#39]
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[#40]
Quoted:
I'm on the job too, so don't take this the wrong way. That will change once you have agency wide body cams. No more room for discretion then. View Quote |
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[#41]
Quoted:
And as I've pointed out before, there is more to the SAFE act than the weapons restrictions that are discussed here most often. There might be any number of things that were thrown into the SAFE Act stew that agencies may charge and have counted as " SAFE Act arrests" that have absolutely nothing to do with the bans on military pattern rifles or magazines..... View Quote |
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[#42]
Quoted:
The dept is forced to negotiate with the union if they want to force body cams on us. The union has made it quite clear that what they are going to ask for in return the county will never go for. I'll believe we're getting body cams when I see it. Besides, by the time we get them, if we do, I probably wont even be on patrol anymore, or tasked with making arrests. View Quote The policy was simply implemented |
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[#43]
Quoted:
We weren't able to negotiate at all on the bodycam issue. The policy was simply implemented View Quote |
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[#44]
Quoted:
It's contractual for us, and we have a VERY strong union. They're going to tell them they want something that the county will never agree on. Besides, even if we do implement body cams, I don't forsee them lasting very long. County is notorious on not keeping up on equipment that has more then the initial outlay of money. Reoccurring costs means it'll be gone before it's even fully implemented... View Quote Just a couple of years later the system crashed when they tried to update from a DOS based program to a Windows program, without upgrading any of the supporting networks/ hardware. The politicians were completely unaware of this until one of them asked why there were so few MDTs in the new cars and why they weren't on and being used. Took them 15 years to plan an implement a replacement system. If the data storage costs don't sink the body cam program, the replacement costs that will kick in when the current cams start dying certainly will sink the program. Our last CLEO worked hard to undermine the union and its never really recovered. We've had some good officers and some who were more interested in pushing certain things that mattered to them. We went 15 years without a contract, and were only in contract for 6 months before that agreement lapsed. |
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[#45]
What no one ever thinks of with bodycams is the data storage issue. Either the agency or the prosecutor’s office (or both) is going to have to an amazing amount of data around for years. Between discovery for criminal cases to appeals to civil suits it almost can’t be gotten rid of. I dont know what your cictim’s rights statutes are lke, but here we have to go through every piece of footage to make sure addreses and the like are rdacted out. Plus bluring of faces, MDT screens, etc. And all that takes manpower. Which costs.
Even our small agencies are having to deal with these issues that no one seemed to think of. |
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[#46]
Quoted:
What no one ever thinks of with bodycams is the data storage issue. Either the agency or the prosecutor’s office (or both) is going to have to an amazing amount of data around for years. Between discovery for criminal cases to appeals to civil suits it almost can’t be gotten rid of. I dont know what your cictim’s rights statutes are lke, but here we have to go through every piece of footage to make sure addreses and the like are rdacted out. Plus bluring of faces, MDT screens, etc. And all that takes manpower. Which costs. Even our small agencies are having to deal with these issues that no one seemed to think of. View Quote The person running the body cam program gets an alert as to which footage is close to being purged and apparently has to prevent it from being automatically deleted. But yeah, data storage is a huge expense that many people don't consider. |
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[#47]
Quoted:
Each of our calls is coded for how long the associated camera footage has to be retained. The person running the body cam program gets an alert as to which footage is close to being purged and apparently has to prevent it from being automatically deleted. But yeah, data storage is a huge expense that many people don't consider. View Quote View All Quotes View All Quotes Quoted:
Quoted:
What no one ever thinks of with bodycams is the data storage issue. Either the agency or the prosecutor’s office (or both) is going to have to an amazing amount of data around for years. Between discovery for criminal cases to appeals to civil suits it almost can’t be gotten rid of. I dont know what your cictim’s rights statutes are lke, but here we have to go through every piece of footage to make sure addreses and the like are rdacted out. Plus bluring of faces, MDT screens, etc. And all that takes manpower. Which costs. Even our small agencies are having to deal with these issues that no one seemed to think of. The person running the body cam program gets an alert as to which footage is close to being purged and apparently has to prevent it from being automatically deleted. But yeah, data storage is a huge expense that many people don't consider. |
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[#48]
Quoted:
I will be the one to say that you should be restricted to the same laws you enforce. I think its wrong that NY cops can do what they want but one of my Marine buddy that went back home to buffalo had to sell off most of his firearms. What makes sence about that? He was more qualified than most police. View Quote Where am I? How did I get here? |
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[#49]
Quoted:
We can buy, own and carry anything we want so long as we abide by Federal Law. Only state law we have to follow is we have to let the dept know every pistol we purchase since we are not required to have a pistol permit, we carry them on our shield/credentials. Full NFA privileges too. It's funny when I speak to out of state dealers about ordering NFA stuff and then tell them I'm from NY.. lol View Quote When I read this thread title, I knew there'd be some of the "king's men" comments inside. My agency is statewide, and very accepting, and from some of the newer people coming in lately, the standards have been severely lowered. Sign on up. Otherwise, well, you know. |
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[#50]
Quoted:
I just dipped my toes into NFA land, I'm looking at at least another 15-20 years to do, so why not. My local dealer just got set up for all that and has my future suppressor on hand. F1 in the works as well. When I read this thread title, I knew there'd be some of the "king's men" comments inside. My agency is statewide, and very accepting, and from some of the newer people coming in lately, the standards have been severely lowered. Sign on up. Otherwise, well, you know. View Quote Getting into NFA stuff has cemented my need to leave this state after I retire. edit: if you're gonna stick a can on your rifle, you may as well chop the barrel down, so get ready to apply for that second stamp. No reason at all to have that can sticking out the end of a 16" barrel. |
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