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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 12-24-2018, 12:58 PM
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Default TTAG: Hawaii Says LEOSA Doesn’t Apply in the State

https://www.thetruthaboutguns.com/20...of-state-cops/

hawaii concealed carry law enforcement LEOS
courtesy hawaii.gov

The Hawaii attorney general has released a new guideline and in their legal opinion, they state that unless out-of-state law enforcement officers and agents are on official business within the state, they cannot carry a concealed firearm.

hawaii LEOSA
courtesy hawaii.gov

Whether you agree with the Law Enforcement Officer Safety Act federal law allows currently sworn or retired law enforcement officers to carry nationwide even, if the state or territory they are carrying in doesn’t allow it for the masses. The state of Hawaii is, in effect, saying that federal law doesn’t apply in the 50th state.

Additionally, there is even some confusion as to when an out-of-state cop is on duty. Since Hawaii doesn’t believe that LEOSA supersede state law, on-duty out-of-state officers need to comply with state law in order to carry their guns in Hawaii. If an on-duty officer is in possession of a gun in the state for more than five days, they are required to register their gun with the chief of police in the county in which they are staying.

They also may not possess a magazine that holds more than 10 rounds of ammunition. If the out-of-state cop is stopped by a local LEO, the local agency can take possession of the officer’s weapon until the out-of-state officer’s agency can confirm that they are, in fact, on official duty.

It appears that Hawaii is pushing a state’s rights claim on this matter, much in the same way that other states have passed drug legalization laws.

Also a number of states have passed so-called Firearm Freedom Acts, declaring that if a gun is made within the state without the intent to be sold in another state, then the National Firearms Act doesn’t apply. Montana passed such a law and the Federal Government curb stomped it twice (here and here) stating that state laws or legal opinions do not override and supersede the federal law.

It also appears that the gun grabbers, intentionally or not, are starting to curb carve-outs to law enforcement. New Jersey just passed a magazine ban and said off duty law enforcement officers aren’t exempt.

Will the federal government tell Hawaii to back down or will they let the state flout federal law? If Hawaii or the feds fight this, it will end up in the Ninth Circuit. Would you like to guess how they’ll rule on this one?
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Old 12-24-2018, 1:19 PM
Uncivil Engineer Uncivil Engineer is offline
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This a good thing. We need to stop allowing carve outs for LEO's. Maybe then they will stop agreeing to go along with this BS.
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Old 12-24-2018, 1:26 PM
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Quote:
Originally Posted by Uncivil Engineer View Post
This a good thing. We need to stop allowing carve outs for LEO's. Maybe then they will stop agreeing to go along with this BS.
Useless argument.
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Old 12-24-2018, 1:26 PM
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Quote:
Originally Posted by Uncivil Engineer View Post
This a good thing. We need to stop allowing carve outs for LEO's. Maybe then they will stop agreeing to go along with this BS.
Yes, this is a good thing.
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Old 12-24-2018, 1:31 PM
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Old 12-24-2018, 2:19 PM
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Ordinarily, I gripe about reposting whole posts without permission, and trim to about the first paragraph.

But this time, I emailed TTAG first; DZ replies sure, use the post, so long as there is the statement of the source and a link back. And, those are already in the first post, so we're good.
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  #7  
Old 12-24-2018, 5:24 PM
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Quote:
Originally Posted by Uncivil Engineer View Post
This a good thing. We need to stop allowing carve outs for LEO's. Maybe then they will stop agreeing to go along with this BS.
I also believe this is good. The second amendment was never meant to be a tiered right based on class, with some provisions only available to those who "work for the government". IMO, law-enforcement carve-outs are unconstitutional.
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Old 12-24-2018, 7:20 PM
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Good thing this isn't in the leo forum otherwise you get censored.......and don't get me going on the animal farm special class.....

We all put our pants on one leg at a time......think about it!
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Old 12-24-2018, 7:22 PM
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The first law enforcement officer that gets popped for this it's going to get a Payday. Like it or not.
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Old 12-24-2018, 9:46 PM
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This is not a good thing, at all.

I imagine it emboldens Hawaii's position on denying carry permits due to "states rights".

The law is a federal one meant to to trump state law. I imagine this wouldn't bode well for national reciprocity.
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Old 12-25-2018, 4:20 AM
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Didn't we already have a war about states' rights?
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Old 12-25-2018, 7:11 AM
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Excellent.
The Federal Government MUST now establish that with the Incorporation upon the States of the 2A, (via the 14th in McDonald v. Chicago), States don't have ANY rights to "Infringe" upon the "Right" to "Keep and BEAR".
And in California,
The State Constitution in Article 1 Section 1 makes PRIVACY an enumerated Inalienable Right.
Therefore,
The State would have to violate our State Acknowledged Inalienable Right to Privacy to "Regulate" firearms in ANY registry.
Since Law Enforcement, (Actors of the State), have NO OBLIGATION to protect Anyone, then how can the State claim "Public Safety" When they have NO OBLIGATION to do so?
Thank you Hawaii and LEOUSA.
Now all we need is RGB to leave the court and hear the case.

Last edited by DolphinFan; 12-25-2018 at 7:13 AM..
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  #13  
Old 12-25-2018, 7:19 AM
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Quote:
Originally Posted by Uncivil Engineer View Post
This a good thing. We need to stop allowing carve outs for LEO's. Maybe then they will stop agreeing to go along with this BS.
Agreed.
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Old 12-25-2018, 7:27 AM
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mokes
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  #15  
Old 12-31-2018, 11:25 AM
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National reciprocity for all CCW holders should be pushed, not attacking LEOSA. Yes, carve outs are distateful, but getting rid of them reduces the number of CCW off duty LEO's in a state that is extremely anti gun. How would eliminating these carve outs be good for public safety? It isn't as it actually puts the general public at additional risk, IMHO.
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Old 12-31-2018, 12:38 PM
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Just got back from that fly infested S-HOLE ! Never again will I set foot on that overpriced Marxist Hellhole !

Wonder if when an LEO registers his gun within 5 days like everyone is required. Will he be put on the FBI watch list like everyone else?
https://bearingarms.com/jenn-j/2016/...al-watch-list/

"Hawaii’s governor signed a bill making it the first state to place its residents who own firearms in a federal criminal record database and monitor them for possible wrongdoing anywhere in the country," his office said.


Now would be a good time for the USA to remove Hawaii from statehood. Certainly the rightful royal family could do no worse than the democrats who rule over it !
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