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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #41  
Old 06-18-2017, 6:47 PM
9M62 9M62 is offline
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The LEOSA act supercedes state laws regarding carrying. It flat out says, "not-withstanding."

I can appreciate the process just to be safe and sure, but the bottom line is LEO can carry in any state in the country if they meet the LEOSA guidelines... so if Hawaii tried to jam you up and say that you were in violation of their state law on carrying or possessing a firearm when you were following LEOSA, you would have no issues.

This, of course, doesn't change the fact that you'd have to actually go to court and present that DEFENSE, but that is exactly what the LEOSA act is for.

California could say "No cop from any other state, effective immediately, can carry within the State of California" and a week later a Nevada cop could show up carrying his firearm under LEOSA and be completely safe and free from fear of conviction. Not fear of prosecution, but conviction.

Anyhow, old thread, carry on
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  #42  
Old 06-18-2017, 8:01 PM
esy esy is offline
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Quote:
Originally Posted by 9M62 View Post
The LEOSA act supercedes state laws regarding carrying. It flat out says, "not-withstanding."

I can appreciate the process just to be safe and sure, but the bottom line is LEO can carry in any state in the country if they meet the LEOSA guidelines... so if Hawaii tried to jam you up and say that you were in violation of their state law on carrying or possessing a firearm when you were following LEOSA, you would have no issues.

This, of course, doesn't change the fact that you'd have to actually go to court and present that DEFENSE, but that is exactly what the LEOSA act is for.

California could say "No cop from any other state, effective immediately, can carry within the State of California" and a week later a Nevada cop could show up carrying his firearm under LEOSA and be completely safe and free from fear of conviction. Not fear of prosecution, but conviction.

Anyhow, old thread, carry on
So, would you also be implying that since Marijuana is still a misdemeanor under Federal Law, I can charge it as such?

Sale of marijuana <50kg is still a felony. Can I charge someone with that as well?

Suffice it to say, that we still have to abide by differing state laws unless they state otherwise.
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  #43  
Old 06-18-2017, 9:20 PM
CinnamonBear723 CinnamonBear723 is offline
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Originally Posted by esy View Post
So, would you also be implying that since Marijuana is still a misdemeanor under Federal Law, I can charge it as such?

Sale of marijuana <50kg is still a felony. Can I charge someone with that as well?

Suffice it to say, that we still have to abide by differing state laws unless they state otherwise.
The difference is you are talking about enforcing a federal law vs the protections offered to you by federal law. Supremacy clause in Article VI, Clause 2 establishes the supreme law of the land over state courts.
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  #44  
Old 06-19-2017, 1:07 PM
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wazafuzz wazafuzz is offline
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[QUOTE=9M62;20253854]The LEOSA act supercedes state laws regarding carrying. It flat out says, "not-withstanding."

I can appreciate the process just to be safe and sure, but the bottom line is LEO can carry in any state in the country if they meet the LEOSA guidelines... so if Hawaii tried to jam you up and say that you were in violation of their state law on carrying or possessing a firearm when you were following LEOSA, you would have no issues.

This, of course, doesn't change the fact that you'd have to actually go to court and present that DEFENSE, but that is exactly what the LEOSA act is for.


It's not the carrying that Hawaii is trying to regulate. They're more insidious than that. It's the registration, which as we know already in this state has been given a pass by the courts. So, you go to Hawaii with your gun and somehow come to the attention of the DA there, you are going to be charged with possession of an unregistered firearm. Maybe you'll win the case, but I guarantee it's going to be time consuming and expensive.
I haven't heard of any LEO's charged with this yet, but I'm sure the Hawaii DA is itching for a test case.
As I stated earlier, if you register a gun, then you can bring it with you on subsequent trips.
I personally have no choice, I have to go to see my kids/grandkids so I'll jump through the hoops.
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  #45  
Old 06-19-2017, 6:14 PM
9M62 9M62 is offline
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[QUOTE=wazafuzz;20256965]
Quote:
Originally Posted by 9M62 View Post
The LEOSA act supercedes state laws regarding carrying. It flat out says, "not-withstanding."

I can appreciate the process just to be safe and sure, but the bottom line is LEO can carry in any state in the country if they meet the LEOSA guidelines... so if Hawaii tried to jam you up and say that you were in violation of their state law on carrying or possessing a firearm when you were following LEOSA, you would have no issues.

This, of course, doesn't change the fact that you'd have to actually go to court and present that DEFENSE, but that is exactly what the LEOSA act is for.


It's not the carrying that Hawaii is trying to regulate. They're more insidious than that. It's the registration, which as we know already in this state has been given a pass by the courts. So, you go to Hawaii with your gun and somehow come to the attention of the DA there, you are going to be charged with possession of an unregistered firearm. Maybe you'll win the case, but I guarantee it's going to be time consuming and expensive.
I haven't heard of any LEO's charged with this yet, but I'm sure the Hawaii DA is itching for a test case.
As I stated earlier, if you register a gun, then you can bring it with you on subsequent trips.
I personally have no choice, I have to go to see my kids/grandkids so I'll jump through the hoops.
Yes I know, but in terms of LEOSA it is specific to allow Officers to carry firearms, concealed, in all States of the union - regardless of state laws. This, in and of itself, obviously includes the ability of that Officer to enter the state without any regard for state laws regarding the importation of that firearm - so long as they are in fact carrying the firearm in a concealed manner.

I get what you're saying and there's no harm in going the extra mile - but the LEOSA act does prevent you from needing to do so.

New York City, New Jersey and other states are very similar in their draconian requirements to even enter the state with a firearm, and all are bypassed by LEOSA.
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