Monday, February 13, 2012

Law Enforcement Officers Safety Act -- 15 USC 926B

I was recently emailed a rather insightful question whether the Concealed Weapons Statute [790.06] restricted retired law enforcement officers under the Law Enforcement Officers Safety Act  [15 USC 926B] [ie: hereinafter referred to as the "LEOSA"].  In my opinion, the answer is clearly "no" -- because 790.06 was never meant to apply to that federal exemption.  On the other hand,  the question really raises some issues that are probably not that well understood -- and should be:

First,  the federal law does NOT change any restrictions imposed by FEDERAL law -- only State law!  All federal restrictions that might apply to where you can carry concealed or otherwise -- will still apply!

Second -- the federal law makes it clear that if State law permits private persons and entities (ie: non-government) to restrict who can carry concealed on their property --- the federal law does NOT override that!  Since the trespass laws in Florida have always been that the property owner has the right to enforce any rules they want (as long as not discriminating against age, sex, nationality, religion, race) -- a private property owner who makes it clear they don't want concealed weapons on their property -- has the total right to do so under the federal law.

Third --  My main bitch on the federal law and Florida's preemption law -- the LEOSA applies only to "firearms" -- not any other type of weapons.

Fourth --  The federal law makes it clear that a State law that prohibits or restricts possession of firearms on any type of government property -- still applies to retired and current law enforcement officers.

Fifth -- Make damn sure you're carrying proper i/d as required by the LEOSA -- because that's supposedly a predicate to lawful carry under the federal statute.


So . . . hopefully, that clears up the question.

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