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UPDATE: FLEOA Lawsuit V. NJ over LEOSA

UPDATE: FLEOA Lawsuit Against State of New Jersey over Preemption of LEOSA


FOR IMMEDIATE RELEASE                                                                          October 14, 2020  

WASHINGTON, DC – Today, the Federal Law Enforcement Officers Association (FLEOA), provided the following update regarding FLEOA’s ongoing lawsuit against the State of New Jersey regarding their preemption of federal LEOSA law: 

On October 13th, 2020, the Attorney General for New Jersey sent a letter (attached) to the federal court requesting that the court dismiss their previously filed Motion to Dismiss our LEOSA lawsuit.  In their Motion to Dismiss filing, New Jersey asserted a position and arguments that were incongruous with the lawsuit. 

FLEOA and the NJ FOP initially replied to the New Jersey Motion to Dismiss (attached) and argued that the grounds New Jersey requested a dismissal on were incoherent to the original issues the lawsuit was filed under - that the federal LEOSA statute pre-empted federal law and if a law enforcement officer meets the qualification criteria outlined in the statute, no state could bar that right including the use of hollow point ammunition. 

On October 8th, 2020, as reported last week, the Department of Justice weighed in with a Statement of Interest (attached) in support of our and the NJ FOP position in the lawsuit. 

These developments are positive and show that FLEOA’s arguments against New Jersey’s application of LEOSA have merit. Stay tuned to more developments as we continue to work through the federal court to ensure law enforcement LEOSA rights are protected.