Federal LEOSA versus the NICS System

[TXPeaceOfficerDave]

I submitted the below email to the ATF. Awaiting answer.

BATFE,

I have a question regarding the LEOSA and how it relates to the NICS system. Does it apply? Here is my explanation.

Scenario 1: individual has a valid Texas License to Carry and is therefore exempt from the NICS. That is very clear and your website supports this.

Scenario 2: Individual goes through and gets certified through the www.leosaonline.com webpage and gets Department of Defense country-wide CCW rights with the associated identification according to HR 218 LEOSA.

Since the individual has a valid country wide CCW permit rom the Department of Defense does the NICS have to be done??

Thanks,
David Lofton

[TXPeaceOfficerDave]

It is not a law enforcement officer credential. It is simply a countrywide federal CCW for anyone that's been in the military for over ten years or retired that was an MP or equivalent.

I am not holding my breath that it will apply. But given the extremely rigorous background and qualifications to get this nationwide CCW it would seem to be at least a possibility.

[Smokey613]

The LEOSA is a good first step but it has too many loopholes that allow states to essentially render it null and void. One example is California. Their AG has stated they do not honor it. I have friend who is a retired LEO wanted to go see his son who was stationed in California and went so far to contact their version of Texas DPS. They told him they do not adhere to the federal LEOSA provisions. Personally, I check the laws of any state I want to visit and if they are not "gun friendly" I mark them off my list. I have 30 years in as an LEO and in the "old days" agencies granted professional courtesy to other out of jurisdiction officers. I am not sure this is still the case even with LEOSA.

[ScottDLS]

The LEOSA is a good first step but it has too many loopholes that allow states to essentially render it null and void. One example is California. Their AG has stated they do not honor it. I have friend who is a retired LEO wanted to go see his son who was stationed in California and went so far to contact their version of Texas DPS. They told him they do not adhere to the federal LEOSA provisions. Personally, I check the laws of any state I want to visit and if they are not "gun friendly" I mark them off my list. I have 30 years in as an LEO and in the "old days" agencies granted professional courtesy to other out of jurisdiction officers. I am not sure this is still the case even with LEOSA.

California can talk a good game, but I'd like to see an example of anyone prosecuted for violating California law while carrying under LEOSA. They are just like the public entities in Texas who post unenforceable signs. They do it to intimidate and are often successful.

I think LEOSA is an unconstitutional exercise of federal power against the states, but while it's the law California still has to follow it just like the other 49 states and DC.

[Smokey613]

The LEOSA is a good first step but it has too many loopholes that allow states to essentially render it null and void. One example is California. Their AG has stated they do not honor it. I have friend who is a retired LEO wanted to go see his son who was stationed in California and went so far to contact their version of Texas DPS. They told him they do not adhere to the federal LEOSA provisions. Personally, I check the laws of any state I want to visit and if they are not "gun friendly" I mark them off my list. I have 30 years in as an LEO and in the "old days" agencies granted professional courtesy to other out of jurisdiction officers. I am not sure this is still the case even with LEOSA.

California can talk a good game, but I'd like to see an example of anyone prosecuted for violating California law while carrying under LEOSA. They are just like the public entities in Texas who post unenforceable signs. They do it to intimidate and are often successful.

I think LEOSA is an unconstitutional exercise of federal power against the states, but while it's the law California still has to follow it just like the other 49 states and DC.

Heck, 90% of Federal laws and agencies are probably unconstitutional if you believe in the original intent of that document.

[ScottDLS]

Good point.

[sheary]

If my Texas LTC is only a NICS exemption when I buy from a FFLin Texas then a military LTC should only be an exemption for FFL located on military bases.