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There are a number of interesting nuances to the LEOSA, particularly the newly passed version, S-1132. First of all nowhere in either the old (HR 218) or newly passed version is the term handgun, pistol or revolver used. They only discuss concealed “firearms”.
Now according to the well established definitions in use today, “firearm” includes shoulder weapons as well as handguns. So, and this is just a question, can a Cop, either active or retired who is covered by LEOSA possess and or carry what under California law is an assault weapon under the authority of federal law, without having the permission letter from his Chief and registering it with Ca DOJ?
Also, the language in S 1132 section 2 states: “includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms act”. It is my understanding that this part was specifically put in as a result of the law in New Jersey that makes it a crime for all but on duty cops to have hollow point ammunition.
Now since California law makes tracer and handgun armor piercing ammunition illegal to possess, does Federal Law supersede California law and can cops covered by LEOSA legally possess such ammunition.
Please understand that both of the above mentioned issues are at least from my perspective academic only, as I have no personal interest in possessing any of the above items.
Now, more food for thought
Lastly, since the way the federal law is written it specifically lists the items not allowed/covered, ie machine guns, silencers, destructive devices, etc, is it a reasonable argument to make that if congress had wanted to include rifles and shotguns they would have listed them also, but since they are not listed as not allowed by the LEOSA they are in fact allowed.
All comments, observations and critiques more than welcome.
‘(e) As used in this section--
‘(1) the term ‘firearm’--
‘(A) except as provided in this paragraph, has the same meaning as in section 921 of this title;
‘(B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and
‘(C) does not include--
‘(i) any machinegun (as defined in section 5845 of the National Firearms Act);
‘(ii) any firearm silencer (as defined in section 921 of this title); and
‘(iii) any destructive device (as defined in section 921 of this title); and
Now according to the well established definitions in use today, “firearm” includes shoulder weapons as well as handguns. So, and this is just a question, can a Cop, either active or retired who is covered by LEOSA possess and or carry what under California law is an assault weapon under the authority of federal law, without having the permission letter from his Chief and registering it with Ca DOJ?
Also, the language in S 1132 section 2 states: “includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms act”. It is my understanding that this part was specifically put in as a result of the law in New Jersey that makes it a crime for all but on duty cops to have hollow point ammunition.
Now since California law makes tracer and handgun armor piercing ammunition illegal to possess, does Federal Law supersede California law and can cops covered by LEOSA legally possess such ammunition.
Please understand that both of the above mentioned issues are at least from my perspective academic only, as I have no personal interest in possessing any of the above items.
Now, more food for thought
Lastly, since the way the federal law is written it specifically lists the items not allowed/covered, ie machine guns, silencers, destructive devices, etc, is it a reasonable argument to make that if congress had wanted to include rifles and shotguns they would have listed them also, but since they are not listed as not allowed by the LEOSA they are in fact allowed.
All comments, observations and critiques more than welcome.
‘(e) As used in this section--
‘(1) the term ‘firearm’--
‘(A) except as provided in this paragraph, has the same meaning as in section 921 of this title;
‘(B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and
‘(C) does not include--
‘(i) any machinegun (as defined in section 5845 of the National Firearms Act);
‘(ii) any firearm silencer (as defined in section 921 of this title); and
‘(iii) any destructive device (as defined in section 921 of this title); and
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