LEOSA enforceable under Section 1983 (Read 4959 times)

wolfwood

LEOSA enforceable under Section 1983
« on: June 05, 2016, 11:07:16 AM »

Interesting case. Basically D.CTdenied that corrections officers were police under the LEOSA act and would not give them a carry permit.  They sued and won. Decesion is attached.

http://www.foxnews.com/us/2016/06/03/dc-must-let-ex-prison-guards-pack-heat-federal-court-rules.html

Four former prison guards who were barred from carrying concealed guns despite a 2004 federal law that gave off-duty and retired law enforcement officers the right to pack heat won a landmark court victory on Thursday.

In a 2-1 decision, the U.S. Court of Appeals for the Washington D.C. Circuit held that the city’s Department of Corrections improperly barred the men from carrying concealed firearms, saying the 2004 Law Enforcement Officers Safety Act guaranteed their right. The court rejected the city’s argument that the law does not apply to corrections officers because they lack arresting authority.

“[Congress] left no discretion for a state to revise the historical record of an individual qualified law enforcement officer,” read the majority opinion.
Please add my business facebook page if you are interested in my litigation
https://www.facebook.com/ABeckLaw/

suka

Re: LEOSA enforceable under Section 1983
« Reply #1 on: June 05, 2016, 11:21:50 AM »
Great news !

hispdvic

Re: LEOSA enforceable under Section 1983
« Reply #2 on: June 05, 2016, 11:51:30 AM »
But Hawaii's LEOSA requirements are a joke, they set it up to make it time consuming and expensive to do to discourage you from applying. By the time you get done with all the requirements you have to start all over again. No other state does it like Hawaii, when I checked it a couple of years ago.
Theirs a LEOSA forum for info.

wolfwood

Re: LEOSA enforceable under Section 1983
« Reply #3 on: June 05, 2016, 12:50:20 PM »
But Hawaii's LEOSA requirements are a joke, they set it up to make it time consuming and expensive to do to discourage you from applying. By the time you get done with all the requirements you have to start all over again. No other state does it like Hawaii, when I checked it a couple of years ago.
Theirs a LEOSA forum for info.

there is probably a lawsuit there. I've heard a lot of bad things about the LEOSA process in Hawaii. Something like that would require some paying clients though. 
Please add my business facebook page if you are interested in my litigation
https://www.facebook.com/ABeckLaw/

suka

Re: LEOSA enforceable under Section 1983
« Reply #4 on: June 05, 2016, 02:24:06 PM »
you be surprise how many tourist have Guns on vacation.

London808

Re: LEOSA enforceable under Section 1983
« Reply #5 on: June 06, 2016, 02:38:46 PM »
you be surprise how many tourist have Guns on vacation.
Having friends that work in hotels in Waikiki, Im not surprised at all, People leave them out in their hotel room all the time.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

eyeeatingfish

Re: LEOSA enforceable under Section 1983
« Reply #6 on: June 09, 2016, 10:32:56 AM »
Too bad that doesn't apply to Hawaii...

monster796

Re: LEOSA enforceable under Section 1983
« Reply #7 on: June 13, 2016, 09:53:26 AM »
I definitely remember seeing something within the LEOSA stating that "notwithstanding any other provision of the law of any State or any political subdivision thereof". Congress went on to say something to the affect of the purpose of the LEOSA was to ensure uniformity thought-out the states. So legally, the provisions within hawaii are illegal I would believe. Also, Barrack Takeyourguns Obama extended the LEOSA to Military Police. If I were active/ retired police in Hawaii, I would SUE, SUE, SUE!.

My source is Wikipedia: https://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act

It makes sense the law was written to prevent tyrannical $hit holes like CA,  NY, NJ and Hawaii from doing their own thing.

Coolscout

Re: LEOSA enforceable under Section 1983
« Reply #8 on: August 13, 2018, 03:30:00 PM »
I spoke with the attorney for young about Hawaii's LEOSA and how the state law does not match up with federal law in regards to HRS 134. I am a retired federal LEO but have to apply to the AG to get permission to qualify on a range by a security company. Then they say that even though I fall under LEOSA I have to abide by the HRS 134 rules as a private citizen because I have no Law Enforcement authority. I get that part but there is nothing in HRS 134 that explains about retired LEO's or anything about LEOSA so if I go and qualify by applying for the AG LEOSA and I shoot someone I will still be arrested for violation of HRS 134

suka

Re: LEOSA enforceable under Section 1983
« Reply #9 on: August 13, 2018, 07:53:28 PM »
Yes , Just ask Deedy!


Since you are a federal officer do it in a different State. HPD and other Local agency does not have the flexibility to do it elsewhere.
the Hawaii AG LEOSA has to many hoops to jump through and is only good for ONE year.