New Jersey Ties the Hands of Law Enforcement Officers In Schools

By Ron Benvenisti. With all the attention given to having armed guards in schools, I just wanted to make some observations and comments.

First of all, New Jersey is one of the few states that tries to circumvent Federal Law enabling law enforcement. How is that?

Let me call your attention to New Jersey’s continuous fight with the Federal Government over something called LEOSA (the Law Enforcement Officers Safety Act). This is incredible. New Jersey wants to tie the hands of Police and Peace Officers despite Federal Law.

Let’s look at some New Jersey crime stats. In 2016 the violent crime rate in Newark was 135.96 percent higher than the national violent crime rate average. You read that right, 135.96! How about Camden? The 2012 statistics (the most current) had a violent crime rate of a whopping 563.3 percent higher than the national average. Let’s not stop there. Trenton, the state capitol, the 2016 violent crime rate was 239.33 percent higher than the national violent crime rate. How could it be that New Jersey Legislature whose offices which sit in Trenton are oblivious. But this is what their answer is: Taking away guns from law enforcement. Incredulous, Insane and Unimaginable to anyone in their right mind.

In an Oct. 12, 2018 directive, the New Jersey Attorney General once again reinforced New Jersey’s thwarting of LEOSA.

What is LEOSA

LEOSA is a federal law, enacted in 2004, which allows two classes of people — the “qualified Law Enforcement officer” and the “qualified retired or separated Law Enforcement officer” — to carry a concealed firearm in any jurisdiction in the United States or United States Territories, regardless of state or local laws, with certain exceptions. The exceptions are that a state can restrict carry authority on private property (bars, amusement parks, etc.); a state can restrict carry on state property (courts, state office buildings, etc.); and on school grounds.

The law was amended in 2010 and 2013; in both cases LEOSA authority was actually expanding and enhanced. A good thing.

LEOSA was enacted to ensure active and retired officers were protected from a patchwork of state concealed carry laws. It was also enacted to ensure that law enforcement officers — on or off duty — could be a force multiplier in the event something happens, and an off duty or retired law enforcement officer is nearby and ready to help, immediately.

The recent mass shootings in California and Pittsburgh underscore the need for law enforcement officers, of all generations, around the nation to be capable of being ready. Isn’t that obvious. New jersey doesn’t get it. Unbelievable.

LEOSA’s Federal History

LEOSA’s legislative intention was to supersede all state’s laws, including the home state of the individual claiming its exemption.

Congress declared LEOSA’s purpose was to implement “national measures of uniformity and consistency” and allow officers to carry a concealed firearm “anywhere within the United States.”

Congress totally rejected efforts to allow states to opt out of LEOSA.

Both The House of Representatives defeated — and the Senate refused to consider — proposed amendments aimed at preserving local law enforcement agencies’ discretion to regulate “the conditions under which their officers may carry firearms”; this made LEOSA the law of the land — EXCEPT in New Jersey. Again, totally insane.

New Jersey vs. LEOSA

From the inception of LEOSA, New Jersey has made every and any attempt to restrict, place roadblocks, and a complete obstacle course of regulations to impede and circumvent an officer’s LEOSA authority.

How Is This Even Possible?

Let’s see:

  • An officer must obtain a New Jersey permit to purchase and carry a firearm.
  • An officer is not allowed to carry uniformly standard law enforcement hollow point ammunition, (which ballistics have proven is more effective and less penetrating than full metal jacket ammunition) This is mandated by New Jersey.
  • If an officer wants to carry across state lines, they must qualify at the same level as active officers.

So, New Jersey effectively turns retired law enforcement officers into criminals if they comply with federal law but dare not comply with New Jersey’s incredibly restrictive regulations. New Jersey says, “LEOSA means nothing. You must get a separate permit (which involves a fee) and follow our rules.”

But the criminals in Camden, Trenton and Newark have NO rules to follow. They can inflict as much terror as they want. Meanwhile, the legislators in Trenton are more concerned about restricting guns for law enforcement.

So, New Jersey continues to ignore a Federal Law which allows law enforcement officers to go “above and beyond” to be armed and ready.

Have any New Jersey Legislators been to the streets of Trenton, Camden or Newark. How about helping law enforcement officers take the guns off the streets instead of out of their hands? Outrageous!

Ron Benvenisti

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4 COMMENTS

  1. @ Robert:

    Many LEOs have gone broke suing states like Hawaii, New York and California over their FEDERAL RIGHTS per LEOSA. It’s not so easy to say the least. States regularly violate Federal Laws and the Constitution THEY ratified on many levels from immigration to contraception and abortion to religious objections to doing business and other civil rights discrimination.

    Some common sense reforms concerning LEOSA are pending before Congress. H.R. 6105, The Law Enforcement Officers Safety Act Reform Act, that modifies current law in several areas:

    1. It would allow for concealed carry in school zones, on common carriers, and in national parks.

    2. It would allow for legal carry of “high capacity” magazines.

    3. It would allow retirees to get qualified by any state-certified firearms instructor (instead of being limited to someone that is “qualified to conduct a firearms qualification test for active duty officers”).

    GovTrack.us gives the bill only a 37% chance of passing. I encourage anyone affected by LEOSA (pretty much everyone here, active or retired) to contact their congressman.

    Additional info below:

    http://hr218leosa.com/

    https://bacon.house.gov/media/press-…ry-legislation

    https://www.govtrack.us/congress/bills/115/hr6105

    https://pistol-forum.com/showthread….OSA-Reform-Act

    Current LEOSA is here:

    https://www.congress.gov/bill/115th-congress/house-bill/6105/text?format=txt

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