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DOJ Supports FLEOA in NJ LEOSA Battle

Recently the Department of Justice filed a Statement of Interest supporting FLEOA’s ongoing battle with the NJ FOP against the State of New Jersey for violations of the Law Enforcement Officers Safety Act (LEOSA).

In their filing, DOJ affirmed FLEOA’s long-standing position that LEOSA is the law of the land and pre-empted any state law that failed to recognize LEOSA as that including with types of ammunition. 

New Jersey, for decades, created their own scheme and did not recognize a qualified law enforcement officers LEOSA rights including what type of ammunition they were authorized to carry. 

In the DOJ filing, they concluded by saying "It is the position of the United States that qualified retired law enforcement officers who possess "the identification required by subsection (d)” of 18 U.S.C. § 926C "may carry a concealed firearm,” and use hollow-point bullets with that firearm, "[n]otwithstanding any other provision of the law of any State.” 18 U.S.C. § 926C(a); see id. § 926C(e)(1)(B).”  

President Cosme said, "We are very grateful for the support of DOJ in our pursuit of justice for our members against New Jersey.”   He continued, "We’ve maintained for years that LEOSA was the law of the land and New Jersey preempted and ignored that. Our members have a right that they earned and no state should ever stand in the way of that. " said Cosme. "We feel the DOJ filing will only strengthen our position with the federal Judge who in the end should only affirm what we have known, that the federal LEOSA statue is the law of the land.”   

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