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FLEOA & FOP Lawsuit against NJ over LEOSA

FOR IMMEDIATE RELEASE

April 29, 2021
WASHINGTON, DC – Today, the Federal Law Enforcement Officers Association (FLEOA) and the New Jersey State Lodge of the Fraternal Order of Police (NJ FOP), provided the following update regarding FLEOA’s and NJ FOP’s ongoing lawsuit against the State of New Jersey regarding their preemption of federal LEOSA law:
 
FLEOA and the NJ FOP have been involved in a lawsuit against the State of New Jersey for their failure to comply with the federal standards set in the Law Enforcement Officers Safety Act (LEOSA) in title 18 U.S.C. 926C. 
As a result of this lawsuit, NJ has attempted to ameliorate our legal concerns about the NJ statue that conflicts with the federal LEOSA statue and has now changed the FAQ’s on their website. 

These FAQ changes (https://www.njsp.org/firearms/pdf/LEOSA_FAQ_20210422.pdf) in and of themselves do not change NJ’s law, which requires all retired officers to obtain an NJ RPO permit, and allows for administrative discretion to change the enforcement policy at any time concerning LEOSA’s right to carry in the state.    

Absent recognition and acceptance of the right to carry in LEOSA and federal preemption of the state statute’s conflicting qualification requirements, NJ can still adjust its enforcement policy at will, and subject retired and former law enforcement officers, who are otherwise LEOSA qualified, to criminal charges if they fail to comply with the NJ statue. 

It has been and remains the position of FLEOA and the NJ FOP that New Jersey must fully recognize the LEOSA right to carry and accept the federal preemption of New Jersey’s contrary requirements.