Unfortunately, LEOSA is an affirmative defense. Still good to be cautious when traveling in territory where politics are known to influence a cop's discretion.
I have heard horror stories about Maryland and the LEOs not respecting LEOSA. A few of my retired friends place their carry pieces in the trunk while travelling through Maryland for fear of being charged with unlawful carry by the State Police. I don't know of any LEOs being arrested or hassled in Maryland, but I know several have been given motor vehicles citation. You may say the law is the law and if you are in violation you will get a traffic summons. With that in mind, the law is the law, LEOSA is the law and if you are in compliance with the law there is no violation. Does anyone have first hand knowledge of the MD LEOs not honoring LEOSA?
Does anyone have an answer to my question? Seems someone here should know.
Thanks again for the information, blues7.
... As I read through these posts it is amazing how many different certifications are issued by various State, County or Local agencies, while the original federal LEOSA is non-specific. LEOSA basically state who in eligible to carry CCW under the provision and who is not and very little about the firearms, except machine or fully auto. I imagine that soon some of the more restrictive States will be imposing (trying) their own limiting regulations on LEOSA. (?)
Thank god i moved out of NJ when i retired. The NJ AG just released his version of leosa.
FLEOA Fights N.J.'s Illegal LEOSA Rules
The Law Enforcement Officers Safety Act (LEOSA) mandates that all active and retired law enforcement officers ("LEO's") be able to carry a concealed firearm anywhere in the United States subject to certain conditions, overriding most contrary state and local laws. See S. Rep. No. 108-29, at 4. The Act's purpose was two-fold - to protect active and retired officers and their families from "vindictive criminals," and to enable such officers to "respond immediately" to crimes spanning multiple jurisdictions. Id.; see also H.R. Rep. No. 108-560, at 4. The LEOSA provides that, "[n]otwithstanding any other provision of the law of any State or any political subdivision thereof," a "qualified law enforcement officer" or "qualified retired law enforcement officer" "may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce," so long as the individual also carries the requisite identification. 18 U.S.C. §§ 926B(a), 926C(a). The LEOSA preempts state firearm regulation. Contrary to the LEOSA, the New Jersey Attorney General in a recently issued "Guidance," reiterated its policy that requires a LEOSA qualified retired LEO, who permanently resides in New Jersey, to annually apply to the New Jersey State Superintendent of Police for a permit to carry a firearm, under onerous criteria, the issuance of which is wholly discretionary, not mandatory. See N.J.S.A. 2C:39-6(L), and Guidance recently issued by the New Jersey Attorney General.
New Jersey has historically attempted to find ways to limit LEOSA's application to New Jersey residents. This "Guidance" is directly contrary to LEOSA. Under LEOSA, states have a mandatory duty to recognize the right to carry that LEOSA establishes. Congress did not afford states the discretion to redefine either who are qualified law enforcement officers or who is eligible for the LEOSA right.
Attached is a letter which has been sent to the Attorney General of New Jersey noting FLEOA's objection to a recent "Guidance" issued by the Attorney General. We will await a reasonable period of time for a response. If necessary, Outside Counsel will take necessary and proper steps to remedy this objectionable conduct of New Jersey Public Officials.
Blues7: I just joined FLEOA a couple of months ago as a "retired" membership rate. Since retiring two years ago, I carry under LEOSA and selected NRA/retired LE/Lockton Risk insurance for any post shooting defense. Probably not the best, but at least something to fall back on should something happen. What do you think of FEDS insurance thru FLEOA ?