The Buckslip

Bulletin Board

H.R. - 218

HR 218 QUALIFICATIONS - L.E.O.S.A.

Below is the location for PAPD HR 218 qualifications:
96 East Main Street Suite 3
East Islip, NY 11730

Next to the Suffolk County Legislature Office!
Price normally 85 dollars Retired Port Authority Police only 55 dollars
cash only- for discount.

Contact:
Craig S. Gresh

www.FirearmsTactics.com
516-521-9055

For the above information we thank to Daphna Blacksea (Retired - CIB/BT)

http://www.nycpba.org/gc/hr218.html

Law Enforcement Safety Improvement Act of 2010
On October 12, 2010, the President signed the “Law Enforcement Safety Improvement Act of 2010”, amending the “Law Enforcement Officer Safety Act of 2004” (“LEOSA”, commonly referred to by members of law enforcement as “HR 218” or the “Right to Carry” law). The LEOSA of 2004 was intended to allow active and retired law enforcement officers to carry concealed weapons nationwide without having first obtained permits from the states to which they are traveling. In the Summer and Fall 2005 PBA Magazines, we explained the law and its various problems and ambiguities, particularly with respect to its coverage of retirees.
The new amendment includes significant changes for both active and retired PBA members in the following areas:
Qualifications of Active Members Who Are Subject to Discipline
Under the old law, an active LEO would not be considered a qualified LEO for purposes of carrying out of state where they were the “subject of any disciplinary action by an agency.” Pursuant to the amendment, an active LEO will be qualified unless they are the “subject of any disciplinary action by the agency which could result in suspension or loss of police powers.” Despite the apparent relaxation of the disciplinary exception, there is still ambiguity as to at what point in the disciplinary process a law enforcement officer would be considered to be “subject to disciplinary action,” as well as whether disciplinary action is of the variety that “could result” in suspension or loss of police powers. We therefore urge our active members to exercise caution in determining whether to carry out of state if they have reason to believe they may be the subject of discipline.
Qualification of Retirees
Under the old law, in order to be a “Qualified Retired Law Enforcement Officer” (“QRLEO”) permitted to carry in another state, the retiree had to have met the standards and qualifications for active law enforcement officers (“LEO”) established by the state in which he or she resides, or otherwise be certified to carry firearms by the law enforcement agency from which he or she retired, within the last year. This was problematic for our retirees residing in New York state due to the state’s reluctance to establish any statewide standards and the NYPD’s refusal to create a certification procedure for retired members.
The amended law has created two additional ways for a separated member to qualify as a QRLEO. Where as in New York, the state has not established standards and qualifications, a member may also become qualified if he or she meets the standards and qualifications of any law enforcement agency within the state, or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within the state. Correspondingly, the certification that a QRLEO must carry along with his ID card in order to be protected by the law may be issued by either the state in which he or she resides or a certified firearms instructor, and must indicate that the member has met the standards of the state, or any law enforcement agency within the state, within the last year.
Finally, a former police officer need not actually be “retired” after 15 years of service in order to be a QRLEO, as under the original law. A former police officer need only be “separated from service in good standing” after 10 years of service. Note that the 10 year service requirement does not apply to line of duty retirees. A separated officer also need no longer be entitled to retirement benefits pursuant to the agency’s retirement plan in order to be a QRLEO, as was required under the old law. Notwithstanding these changes, it is not clear that our separated (but not retired) members would be authorized to carry, even if certified, because we understand that the Department does not issue ID cards to non-retired members and the law requires members to possess an ID card from the officer’s former police agency. Our guidance is not to attempt to carry a firearm under HR 218 if you do not possess a police agency ID card. If precedent is established that would change that guidance, we will update you through this website.
Ammunition
The right to carry now includes the right to carry any ammunition not otherwise banned by Federal law. Therefore the law now allows members to carry hollow point bullets in states such as New Jersey, where they are otherwise prohibited.
Any questions regarding the right to carry out of state should be directed to the PBA General Counsel’s office, at 212-298-9194.

IMPORTANT INFORMATION RE: HR 218 CARRY-ON AIRCRAFT, NOT ALLOWED.

FYI AFSA-IRS Members:

I am forwarding the information below from the SAIC of the Federal Air
Marshal Service Liaison Division for your information.
Greg Szczeszek
Executive Director
AFSA-IRS

I am a AFAUSSS member and the SAIC of the Federal Air Marshal Service
Liaison Division.

This message is being distributed to avoid confusion regarding the Law
Enforcement Officers Safety Act (LEOSA) of 2004 (also known as H.R. 218 and Public Law No. 108-277) and the authority to possess a weapon aboard commercial aircraft.

The Transportation Security Administration (TSA) has reported recent
occurrences of retired Law Enforcement Officers (LEOs) attempting to transit airport security checkpoints while in possession of a firearm.

Based on conversations with these retired LEOs, the majority of these
instances were caused by their belief that LEOSA entitled retired law
enforcement officers to carry a firearm while traveling by commercial
aircraft.

The federal regulation which governs carriage of accessible weapons is 49 C.F.R. §1544.219, (Carriage of accessible weapons) and includes no provision for retired law enforcement personnel. LEOSA amends the Gun Control Act to exempt qualified active and retired law enforcement officers from State and local laws prohibiting the carriage of concealed firearms. While 18 USC§ 44.926(b) gives qualified individual’s greater latitude when carrying a concealed firearm, it does not permit those otherwise eligible to carry a firearm in the passenger cabin of a commercial aircraft.

If you think it is helpful, please disseminate this information to our colleagues to assist them in avoiding incidents at TSA airport security check points that may result in unnecessary delays or possible criminal/civil action.

If you have any questions, please call me at 703-487-3331.
Jim Gallagher

New Jersey Retired Police Officer handgun carry permit and HR218 information:

I have conferred with Detective Sergeant Genova of the NJSP "Retired Police officer" (RPO) unit; in regards to new changes that have been amended into the RPO carry permit law. I apologize for the first bulletin I released regarding the changes, as I did not accurately describe the new changes correctly.

#1: No longer must you apply for a NJ Retired Police Officer carry permit within 6 months of retirement. You can now apply anytime after retirement for a State of New Jersey Retired Police Officer carry permit.

#2: The retirement age for a RPO to carry a handgun has been extended from 70-75 years of age.

#3: No hollow point bullets may be carried.

#4: Each time you renew, you musty submit the mental health form

#5: With you annual renewal of the RPO carry permit, you must submit 3 recent passport photos taken with a light background.

#6: If you reside out of State, and carry a handgun to NJ, you must conceal and secure it.

#7: In addition to compliance with HR218, a NJ retired Police officer that is domiciled in NJ; it would be in your best interest to carry a copy of your most recent qualification with you. Pete Caram carries his in a reduced wallet size plastic credit card size holder. Of course, also be sure to carry your current valid RPO carry permit with you.

#8. You may NOT carry your handgun in any school or gaming Casino's, and may not "flash" or display your firearm while on your person.

Please do not contact the NJSP RPO unit unless necessary as they are understaffed and are extremely busy. Please direct your question to me and I will contact the unit to obtain the information, or you can also log onto their website at: www.njsp.org, then click on Services, and then on "firearms information". Remember to support our State Police.

Fraternally

Ken Vitty

"To All NYS Resident Retired Police"

This information regarding HR 218 is for those members who are still residents of New York State and who want to qualify in NY for HR 218. It does not affect you if you reside in Florida.

I received the following information from DCJS that was sent to a retiree of the NYC Transit PD who resides in Florida.

From: Miller, Michael (DCJS) [mailto:Michael.Miller@dcjs.state.ny.us]
Sent: Monday, April 28, 2008 12:10
To: Hogencamp, James (DCJS)
Subject: RE: Statewide Certification

After significant consideration, it has been decided that the New York State Division of Criminal Justice Services (DCJS) will not provide training or issue training certification for retired LEO pursuant to the Law Enforcement Officers Safety Act of 2004 (HR 218). Accordingly, there is no provision for individual peace officer, police officer, security guard, or armored car guard firearms instructors or training facilities to provide this training in New York State.

Retired LEOs have the option of receiving the training from the agency they retired from pursuant to 18 USC 926C (d) (1).

In essence your statement is correct, retirees are restricted to certification by the department they retired from.

Thank you for your inquiry.
-------------------------------------
Maybe the following is the way NY residents will have to go. It worked in Florida.

After some lobbying from the 10-13 clubs and many active officers, FDLE made the change.

Time for the New York unions and retiree organization to start lobbying Albany.

Lyn Lobdell
Secretary/Treasurer
www.policeandfireretireesclub.us

"Legalities of HR 218"

Here is a link to an article from Police One regarding an
explanation of the legalities of HR 218:

http://www.policeone.com/legal/articles/1769365-HR218-Explained/

http://www.leaa.org

"PRESS RELEASE"

Court Rules Cops Can Carry Guns ... Nationwide!

SPRINGFIELD, Va., Nov 18, 2008 /PRNewswire-USNewswire via COMTEX/ -- Good
Guys Can Fight Back - Criminals Beware!

A ruling on a case from South Dakota -- where off-duty law enforcement
officers were criminally charged for carrying guns despite the authority to
do so under the federal 'Law Enforcement Officer's Safety Act of 2004'
(LEOSA) -- has confirmed that all qualified off-duty and retired law
enforcement are allowed, by federal law, to carry a concealed gun for
personal self-defense irrespective of state law. The federal law supersedes
the crazy, confusing and often conflicted state and local laws that limit
legitimate self-defense.

LEAA's Executive Director, Jim Fotis said, "When LEAA co-authored the
original draft of what became affectionately known as 'National Cop Carry'
back in the early 1990's, I knew it would save cops' lives and give those
who choose to resist violent criminals a fighting chance. In 2004 I shook
President Bush's hand after he signed our bill into law and rejoiced that
our fight -- for more than a decade -- was finally over!"

The local prosecutor's apparent effort to challenge the federal law, and
send a message to all in law enforcement not to carry a gun for self-defense
in South Dakota, was soundly rejected! Thankfully, after careful review, the
gun charges against the officers were dismissed. "The Judge's crystal clear
and unambiguous legal opinion should be required reading for every
prosecutor in the nation so that no other law enforcement professionals,
active or retired, have to endure what those officers and agents have
endured in South Dakota," declared Carl Rowan, LEAA's Vice President.

Robert Van Norman and Kenneth Orrock, Attorneys for the officers, said "We
are pleased with the court's decision, as it reaffirms the intent of the Law
Enforcement Officers Safety Act and in effect will protect law enforcement
officers and our communities. The law enforcement community should find
comfort that LEOSA has been properly applied in this case."

A copy of the Judge's memorandum decision -- and extensive background
information on LEOSA -- is available at the LEAA website:
http://www.leaa.org

The Law Enforcement Alliance of America, Inc., (LEAA) is the nation's
largest not for profit, non-partisan coalition of law enforcement
professionals, crime victims, and concerned citizens dedicated to making
America safer.

SOURCE Law Enforcement Alliance of America

http://www.leaa.org

The Law Enforcement Alliance of America, Inc., (LEAA) is the nation's
largest not for profit, non-partisan coalition of law enforcement
professionals, crime victims, and concerned citizens dedicated to making
20America safer.

Ken and Tony:

I received a call From( Dave Aronow321-508-7815 ) Certified FDLE instructor for HR218.& Brother Officer, On 11/28/08 (friday) there will be qualifications at the American Police hall of fame at 6350 Horizon Dr. Titusville fl.321-264-5281 (brevard county) It is good location if you live in neighboring Volusia, orange, and indian river counties. Appoximately 1/2 hr. to 1.15hrs to the facility depending on your location in each county. He also stated if we could organize a group he would set up a separate qualification. The cost which includes the range fee is $60.00.any additional questions contact (Dave).the shoot consist of 1-3yd 3 shoots 7yd 3 shoots 15yd 3 shoots Bring your own ammo. Check his web site (go to Google) www.floridashe.com. Left Column click on HR218 11/28/08. Please check the necessary equipment you will need (Slacks w/belt loop,belt, outside holtster etc.)

New Jersey Retired Police Officer handgun carry permit and HR218 information:

I have conferred with Detective Sergeant Genova of the NJSP "Retired Police officer" (RPO) unit; in regards to new changes that have been amended into the RPO carry permit law. I apologize for the first bulletin I released regarding the changes, as I did not accurately describe the new changes correctly.

#1: No longer must you apply for a NJ Retired Police Officer carry permit within 6 months of retirement. You can now apply anytime after retirement for a State of New Jersey Retired Police Officer carry permit.

#2: The retirement age for a RPO to carry a handgun has been extended from 70-75 years of age.

#3: No hollow point bullets may be carried. #3: No hollow point bullets may be carried.

#4: Each time you renew, you musty submit the mental health form

#5: With you annual renewal of the RPO carry permit, you must submit 3 recent passport photos taken with a light background.

#6: If you reside out of State, and carry a handgun to NJ, you must conceal and secure it.

#7: In addition to compliance with HR218, a NJ retired Police officer that is domiciled in NJ; it would be in your best interest to carry a copy of your most recent qualification with you. Pete Caram carries his in a reduced wallet size plastic credit card size holder. Of course, also be sure to carry your current valid RPO carry permit with you.

#8. You may NOT carry your handgun in any school or gaming Casino's, and may not "flash" or display your firearm while on your person. #8. You may NOT carry your handgun in any school or gaming Casino's, and may not "flash" or display your firearm while on your person.

Please do not contact the NJSP RPO unit unless necessary as they are understaffed and are extremely busy. Please direct your question to me and I will contact the unit to obtain the information, or you can also log onto their website at: www.njsp.org, then click on Services, and then on "firearms information". Remember to support our State Police.

Fraternally

Ken Vitty

FOR ALL US RETIRED GUYS ON FIXED INCOMES....IF YOU HAVE A VERIZON WIRELESS CELL PHONE......THEY GIVE YOU A 19% POLICE DISCOUNT.....
JUST GO INTO A VERIZON WIRELESS STORE , TELL THEN YOUR A COP AND THEY GIVE YOU A FORM TO FILL OUT AND FAX BACK WITH A COPY OF YOUR POLICE ID CARD........

Kreiss Walter (Retired)

A coment on above:

In regard to Walter Kriess email. I went to Verizon Wireless and asked them about the police discount. They processed me right there. I gave them my police I.D. and they electronically put it into their computer. The discount comes off of the primary cell phone in your account. It takes about two billing cycles to go into affect. It then shows up as a employee discount on your bill every month.............

Richie Muller (Retired - CIB)

U.S. Supreme Court’s decision:
"Supreme Court Decision Reaffirms Americans'
Right To Bear Arms"
Thursday, June 26, 2008

WASHINGTON—U.S. Sen. John Cornyn, a member of the Senate Judiciary Committee, made the following statement Thursday regarding the U.S. Supreme Court’s decision overturning the Washington, D.C. gun ban in the District of Columbia v. Heller case:

“The nation’s top Court made the correct decision by reaffirming one of our founding principles, the right of individuals to keep and bear arms. This historic ruling has implications far beyond the District of Columbia.

“Texans have always cherished the Second Amendment right, which preserves the freedom to defend our homes and families. Today’s decision provides a greater guarantee that this basic Constitutional right remains secure from government intrusion.

“I was proud to sign an amicus brief to the Court in this case, along with Sen. Hutchison, which argued that the individual right to bear arms should be protected for all Americans. It is encouraging that the Supreme Court has upheld the will of our founders and re-affirmed these ideals for Texans and all Americans.”

Sen. Cornyn serves on the Armed Services, Judiciary and Budget Committees. In addition, he is Vice Chairman of the Senate Select Committee on Ethics. He serves as the top Republican on the Judiciary Committee’s Immigration, Border Security and Refugees subcommittee and the Armed Services Committee’s Airland subcommittee. He served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.

Submitted by: Dick Grieser (Retired - JFK)

" Members of Police and Fire Retirees Club"

This from NYS - for your info re HR 218:

Lyn Lobdell
Secretary

GOSHEN — Prosecutors won't appeal an Orange County Court judge's rulling that dismissed a weapon-possession charge against an off-duty Coast Guard member from Newburgh.

The decision means that Judge Robert Freehill's ruling will stand as one of the first tests of the Law Enforcement Officers Safety Act of 2004, which exempted certain police officers and retired officers from local laws regulating concealed weapons.

Freehill ruled last week that Petty Officer Benjamin Booth was a qualified law enforcement officer under the federal law, because the scope of his duties includes making arrests as a boarding officer.

Prosecutors argued that Booth, who was charged with second-degree criminal possession of a weapon last year, was carrying a weapon in his car without a permit, and wasn't allowed by the Coast Guard to carry a gun while he was off-duty.

Mark Schuh, a Middletown police lieutenant and a practicing lawyer who teaches law at mid-Hudson police academies and at in-service training in Middletown, said he'll incorporate the decision into future classes.

"For a law that is four years old, it has remarkably little authority interpreting it," Schuh said. "So any case interpreting LEOSA is a step toward clarification."

Booth isn't out of the woods yet. Freehill ruled that carrying an unlicensed handgun off-duty is likely a violation of Coast Guard regulations, even though it's not a violation of the law. Booth is also facing a federal charge of receiving the handgun in question from a Massachusetts gun dealer in 2005 without having the necessary license to collect, deal or import firearms. He's free on $20,000 bond while he fights that case.

On Friday, Senior Orange County Assistant District Attorney David R. Huey said that "in view of the facts and circumstances of the case, and in light of the charge that's pending in federal court," the district attorney's office decided against an appeal of Freehill's order.

The order was posted on the Internet this week by the New York Law Reporting Bureau, which doesn't usually publish the full text of decisions from the county courts outside New York City. The bureau says it makes exceptions for cases that are seen as having precedential value or public importance.

Congress passed LEOSA as a way of beefing up anti-terrorism resources in the wake of the 2001 attacks on the World Trade Center and the Pentagon.

Submitted by: Ken Vitty (Retired - CIB)

STATE OF NEW YORK
3275

2007-2008 Regular Sessions

I N A S S E M B L Y - January 23, 2007

Introduced by M. of A. SPANO, WALKER — read once and referred to the committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to allowing current and retired police officers free fare to ride the trains and buses operated by the metropolitan transportation authority; and to amend the criminal procedure law, in relation to providing such officers the same protections under law as provided peace officers.

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND
ELY, DO ENACT AS FOLLOWS:

ASSEM-

1 Section 1. Legislative findings and intent. The legislature finds that the presence of current and retired police officers aboard our mass transit systems would provide an added security benefit to places that 4 are known to be targeted by criminals and where the threat level for terrorist attack is elevated.

The intent of this act is to encourage the presence of men and women who possess a level of training to deal with criminal activity through their employment as police officers to use the transportation services of the metropolitan transportation authority so that they may be an extra set of eyes to aid law enforcement in maintaining security and safety aboard such transportation services.

11 S 2. The public authorities law is amended by adding a new section 12 1266-i to read as follows:

13 S 1266-1. FREE FARE FOR CURRENT AND RETIRED POLICE OFFICERS.

THE AUTHORITY SHALL ESTABLISH A PROGRAM WHEREBY CURRENT AND RETIRED POLICE OFFICERS WHO POSSESS A VALID PISTOL PERMIT ARE ALLOWED FREE FARE TO RIDE ABOARD ANY OF THE TRANSPORTATION SERVICES OPERATED BY THE METROPOLITAN TRANSPORTATION AUTHORITY.

18 S3. The criminal procedure law is amended by adding a new section 2.40 to read as follows:

S 2.40 RETIRED POLICE OFFICERS ABOARD TRANSPORTATION SERVICES.
RETIRED POLICE OFFICERS WHO RIDE FREE ABOARD THE TRANSPORTATION
SERVICES OF THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO EXPLANATION—Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted.

LBD06147-01-7

A. 3275 2

1 SECTION TWELVE HUNDRED SIXTY-SIX-I OF THE PUBLIC AUTHORITIES LAW SHALL BE AFFORDED ALL OF THE POWERS AND PROTECTIONS AFFORDED PEACE OFFICERS PURSUANT TO THE PROVISIONS OF THIS ARTICLE. THE PEACE OFFICER TRAINING REQUIREMENTS DESCRIBED IN SECTION 2.30 OF THIS ARTICLE SHALL BE DEEMED 5 FULFILLED BY THE TRAINING SUCH RETIRED POLICE OFFICERS RECEIVED AS PART 6 OF THEIR LAW ENFORCEMENT EMPLOYMENT.

1 S 4. This act shall take effect on the ninetieth day after it shall have become a law.