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Carrying off-duty in NYC

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  • TheTick
    replied
    Originally posted by tanksoldier View Post

    Probably not.

    Every time state law changes, somebody has to decide how that change interacts with LEOSA... usually by arresting somebody.

    The prevailing opinion seems to be that since LEOSA doesn't address magazine capacity state law prevails.

    Since there doesn't seem to have been a test case yet, you can either play it safe or risk being that test case... and you won't successfully sue anybody or own anything, because the principle hasn't been established yet.
    It has been clearly established. LEOSA states that qualified LEOs can carry any type of ammunition type that they want. It's simply the fact that LEOSA never addresses magazine capacity is why it reverts back to whatever state law says is the limit. Anyone qualified under LEOSA can carry hollow points (or any other round) to their hearts content anywhere they are legally permitted to carry a firearm.

    It's a Monell and/or Harris case in the least if a PD tries to jam you up over carrying hollow points.

    EDIT: if you're on-duty and out-of-state, you can carry any magazine capacity you want.
    Last edited by TheTick; 07-29-2022, 03:04 PM.

    Leave a comment:


  • scott50
    replied
    Originally posted by EricDel View Post
    Doesn’t that federal law cover us in all these circumstances nation wide?
    yes it does

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  • just joe
    replied
    Originally posted by tanksoldier View Post

    Probably not.

    Every time state law changes, somebody has to decide how that change interacts with LEOSA... usually by arresting somebody.

    The prevailing opinion seems to be that since LEOSA doesn't address magazine capacity state law prevails.

    Since there doesn't seem to have been a test case yet, you can either play it safe or risk being that test case... and you won't successfully sue anybody or own anything, because the principle hasn't been established yet.
    That's my understanding as well. If I went back to NY, I'd be inclined to take a wheel gun.

    Leave a comment:


  • CCCSD
    replied
    Originally posted by TheTick View Post

    Sure... and I'll sue their nuts off. I'm never for getting cops/DAs, etc jammed up for non-sense, but it's long past due for cops to know how LEOSA affects their jurisdiction. If any cop did anything other than detain me long enough to verify me, then we'd have a problem. If a cop made a physical arrest of me for carrying HST and/or a DA put the charges through, they'd be paying off my shore house.
    Utter typical BS.

    Leave a comment:


  • tanksoldier
    replied
    Originally posted by TheTick View Post

    Sure... and I'll sue their nuts off. I'm never for getting cops/DAs, etc jammed up for non-sense, but it's long past due for cops to know how LEOSA affects their jurisdiction. If any cop did anything other than detain me long enough to verify me, then we'd have a problem. If a cop made a physical arrest of me for carrying HST and/or a DA put the charges through, they'd be paying off my shore house.
    Probably not.

    Every time state law changes, somebody has to decide how that change interacts with LEOSA... usually by arresting somebody.

    The prevailing opinion seems to be that since LEOSA doesn't address magazine capacity state law prevails.

    Since there doesn't seem to have been a test case yet, you can either play it safe or risk being that test case... and you won't successfully sue anybody or own anything, because the principle hasn't been established yet.

    Leave a comment:


  • CCCSD
    replied
    I saw a jpatt on Gofundme asking for legal help…

    Leave a comment:


  • BNWS
    replied
    I wonder how the trip went.....

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  • Iowa #1603
    replied
    Originally posted by Bing_Oh View Post

    Yep. The last thing any LEO wants is his/her name attached to a high-profile court case.
    Yea, even if you win................you will loose a lot

    Leave a comment:


  • Bing_Oh
    replied
    Originally posted by NolaT View Post
    I would not be in a hurry to press or even be involved in Any type of litigation against any liberal state DA.

    I imagine that the NRA, or another active group would pick up the case for you, but if they don’t, this whole process and all time, travel and legal expenses are on you, and will quickly drown you; I’d prefer to read about it,…..
    Yep. The last thing any LEO wants is his/her name attached to a high-profile court case.

    Leave a comment:


  • NolaT
    replied
    I would not be in a hurry to press or even be involved in Any type of litigation against any liberal state DA.

    I imagine that the NRA, or another active group would pick up the case for you, but if they don’t, this whole process and all time, travel and legal expenses are on you, and will quickly drown you; I’d prefer to read about it,…..

    Leave a comment:


  • TheTick
    replied
    Originally posted by tanksoldier View Post

    No. Do you want to be it?
    Sure... and I'll sue their nuts off. I'm never for getting cops/DAs, etc jammed up for non-sense, but it's long past due for cops to know how LEOSA affects their jurisdiction. If any cop did anything other than detain me long enough to verify me, then we'd have a problem. If a cop made a physical arrest of me for carrying HST and/or a DA put the charges through, they'd be paying off my shore house.

    Leave a comment:


  • BNWS
    replied
    I would pick a different vacation. The new activist DA is more concerned with the helping criminals than the victims. Manhattan has become the no go zone that it was in my youth.

    Leave a comment:


  • scotty_appleton814
    replied
    Originally posted by tanksoldier View Post

    No. Do you want to be it?
    No and I hadn't thought about it either.

    Leave a comment:


  • just joe
    replied
    Personally, I think I'd carry a snubby wheel gun just to keep from getting jammed up by an officer or prosecutor.

    Leave a comment:


  • tanksoldier
    replied
    Originally posted by scotty_appleton814 View Post

    Has there been a test case for this???
    No. Do you want to be it?

    Leave a comment:

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