[All text enhancements were added to enhance readability -- Ed]
TO: All County Prosecutors
Colonel Joseph R. Fuentes, Superintendent, Division of State Police
All Police Chiefs
All Law Enforcement Chief Executives
FROM: Peter C. Harvey, Attorney General
DATE: June 7, 2005
RE: Guidance Regarding the Law Enforcement Officers Safety Act of 2004 [Pl. 108-277 (H.R. 218)].
The recently enacted Law Enforcement Officers Safety Act of 2004, 18 U.S.C.A. §926B and §926C ("H.R. 218") allows full-time active duty and retired law enforcement officers, who meet specific criteria, to carry concealed firearms anywhere throughout the nation without having first obtained permits to carry from a foreign state. The passage of H.R. 218 has raised a number of questions with regard to New Jersey's police officers traveling out of state as well as with police officers from other jurisdictions visiting our state.
A. Full-Time Active Duty Officers
With respect to full-time active duty police officers, we discourage agencies from
permitting their officers to take the agency issued weapons out of state.
Nonetheless, each New Jersey law enforcement agency should, in consultation
with its legal counsel, make its own determination. In formulating a policy,
each agency should consider the following issues. First, firearms issued by a
police department are government property; making each agency potentially liable
for the use or misuse of that weapon by one of its police officers. Liability may
attach for the misuse of a weapon regardless of whether the officer is on personal
business outside of his or her jurisdiction. If your agency currently requires
officers to carry their agency issued weapon off duty, then it may be prudent
to evaluate that restriction in light of the passage of H.R. 218.
Second, H.R. 218 does not provide active duty police officers with law enforcement powers or immunities outside of their jurisdictions. While on personal business, police officers are ordinary citizens who happen to have the right to carry concealed weapons as a result of H.R. 218. Each agency must determine whether it will provide legal representation to officers who may fire or otherwise use their agency issued weapon while out of state on personal business.
We recommend that all agencies clearly and unequivocally advise their officers of the foregoing by way of a clearly written policy. We are also requesting that all agencies remind active full-time police officers that they do not possess police powers or immunities in other states and are personally responsible for checking and understanding the laws of any jurisdictions that they visit while armed.
B. Active Duty Police Officers From Other States
We have received a number of inquiries from police officers from other jurisdictions
inquiring as to their "authority" under H.R. 218 while they travel through or remain
in New Jersey while on personal business. The appropriate response is that they are
ordinary citizens while visiting our state and possess no police powers. Similarly,
the federal law does not provide immunity to out of state officers who commit firearms
related offenses within New Jersey. Please advise out of state officers who seek
guidance that if they happen upon a situation in our state that requires police
intervention, they should call the appropriate state, county, or municipal police
department to respond. Finally, some jurisdictions permit their citizens and
police officers to openly carry their weapons. Please be advised that H.R. 218
permits only the carrying of concealed firearms.
C. Retired Police Officers
The passage of the Federal Law Enforcement Officers Safety Act does not alter the
obligation of retired New Jersey law enforcement officers to comply with the provisions
of N.J.S.A. 2C:39-6I in order to carry a firearm in this state. Absent statutory
changes to our retired officer permitting procedures, it remains in full effect
and officers must comply with its requirements. Furthermore, retired New Jersey
police office[r]s who carry a gun in another state are ordinary citizens. The right
to carry a gun under H.R. 218 does not imply the right to exercise police powers.
Further information concerning the rights and obligations of retired New Jersey
police officers to carry a firearm under H.R. 218 will be issued in the near future.
D. Other Restrictions
Finally, H.R. 218 does not supersede or limit existing New Jersey law. Therefore,
it remains permissible for private business and government agencies (such as casinos
and schools), as many currently do, to restrict the possession of firearms on their property.
Quite a bit of legal information is available at the National Rifle Association - Institute for Legislative Action (NRA-ILA) website. I used to offer direct links to specific information. However, the NRA changes its website design so frequently, users get chronic "page not found" results. Therefore, please delve into the site yourself to find the information you seek. Sorry.
The National Instant Check System (NICS) is updating its
appeal process for those persons prevented from buying a firearm.
Previously, to initiate an appeal, denied persons had to contact NICS by US mail
and lengthy delays resulted. To initiate an appeal under the new process,
individuals may e-mail their name, address and NICS Transaction Number (NTN)
obtained from their dealer to: nicsappeal
leo.gov. A copy of
the new NICS brochure with e-mail instructions can be downloaded from the
National Association of Firearms Retailers website or by calling NSSF at:
203-426-1320.
February 2005: appeal process improved. The Federal Bureau of Investigation's (FBI)
National Instant Check System (NICS) Voluntary Appeal File (VAF) has been established.
This process permits applicants to request that the FBI NICS Section maintain information about them
in the VAF, a separate file to be checked by the NICS, to prevent erroneous denials and extended
delays in the future. Lawful purchasers who have been delayed or denied a firearm transfer
because they have a name or date of birth similar to that of a prohibited person may also request
that the FBI NICS Section maintain information about them to facilitate future firearms
transactions. Under this new process, potential purchasers may apply to be considered for entry into
the VAF by signing and application statement, which authorizes the FBI NICS Section to retain information
that would otherwise be destroyed upon the approval of the firearm transaction. The applicant must
also supply the FBI NICS Section with the reason for which they believe they would be erroneously denied
or would recieve an extended delay. The application process also requires that positive
proof of identity be provided by way of rolled fingerprint impressions prepared by a law
enforcement agency on a finger-print card.
Thank you!
By statute, the prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices expired on September 13, 2004. As a result, certain sections of the Gun Control Act, 18 U.S.C. Chapter 44, and its implementing regulations, 27 CFR Part 478, are no longer in effect.
The Online Guide to California Firearm Laws -- Note: this site may be very slow to load.
The firearms and ammunition excise tax (FAET), also known as the Pittman-Robertson tax, is an 11% tax on the sale of guns (10% on handguns), ammunition, bows and arrows. Enacted by Congress in 1937, the money from this tax is targeted for wildlife restoration.
Added Dec. 2005
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has created an
On-Line Federal
Firearms Regulations Reference Guide Learning Theater. This web site
is not intended to replace the FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE, but
is designed for use as an interactive tool for Federal Firearms Licensees (FFLs)
and others. This online training reference guide will provide FFLs with assistance
in complying with the Federal laws and regulations governing the manufacture,
importation, and distribution of firearms. It will also serve as an informational
guide for anyone who has an interest in the laws and regulations relating to firearms.
This site consists of four sections:
Keep a record of firearms you own by printing the Personal Firearms Record forms from the ATF. Print the 2-page .pdf and print additional copies of page two as needed.
VITAL WARNING TO ALL OWNERS OF SEMIAUTOMATIC FIREARMS
LAW.com - first in legal news and information.
A Citizens Guide To Understanding The Judicial Branch Of The Government Authored by Honorable Arthur M. Monty Ahalt
Think the police have to protect you? Read this!
Rate Your Risk! A "must visit" courtesy Ken Pence.
First Hand Accounts of armed self-defense
Transactional
Records Access Clearinghouse (TRAC) -- a source for comprehensive,
independent and non-partisan information on federal law enforcement (free
registration required)
GUNLAWS.com also has a very useful State-by_State Firearms Information page that provides up-to-date state firearms laws by clicking on a map of the U.S.A.
Thank you!
Firearms, ammunition and firearm parts may only be transported in checked baggage.
Firearms, ammunition and firearm parts are prohibited from carry-on baggage.
There are certain limited exceptions for law enforcement officers (LEOs) who are authorized to fly armed by meeting the requirements of 49 CFR § 1544.219.
Following is a summary of key regulatory requirements to transport firearms, firearm parts or ammunition in checked baggage:
The regulations are strictly enforced. Violations can result in criminal prosecution and the imposition of civil penalties of up to $10,000 per violation.
Air carriers may have their own additional requirements on the carriage of firearms and the amount of ammunition an individual may place in checked baggage. Therefore, travelers should also contact the air carrier regarding its firearm and ammunition carriage policies.
Air carriers may have their own additional requirements on the carriage of firearms and the amount of ammunition an individual may place in checked baggage. Therefore, travelers should also contact the air carrier regarding its firearm and ammunition carriage policies.
Subject to state local and airline restrictions, you may still transport a firearm and ammunition in your checked baggage provided it is declared to the aircraft operator (airline) at check in and that you comply with other applicable regulations. Please note that you should never unlock your bag if you are carrying a firearm and your bag serves as the locked hard-sided case for transporting your firearm.
Additional information may be available at NRA Institute for Legislative Action.
The State Police [or equivalent agency] home page of most states can be found by using the URL http://www.state.xx.us and substituting the two-character state abbreviation in place of "xx."
ATF Firearms Testing Procedures or the lack of same. Thanks to JPFO for this file.
What are the gun laws like in Spain? from Marbella-Lawyers
Carry License Reciprocity Guide from Citizens Committee for the Right to Keep and Bear Arms (CCRKBA)
www.packing.org -- Oct. 2007, SITE GONE.
FBI and BATF explain the National Instant Check System (NICS)
How does your state handle NICS?
BATF Firearms Information (Firearms Laws, Curio & Relic List, much more...)
Note from the BATF: (re: The Lautenberg Amendment)
RESTRAINING ORDERS The Violent Crime Control and Law Enforcement Act of 1994 amended existing firearms statutes to make it unlawful for persons subject to certain restraining orders to receive, ship, transport or possess firearms or ammunition. To be disabling, the restraining order must:Be issued after a hearing of which notice was given to the person and at which the person had an opportunity to participate.
Specifically restrain the person from harassing, stalking, or threatening an intimate partner (e.g., spouse or former spouse) or the child of an intimate partner.
Include a finding that the person subject to the order represents a credible threat to the intimate partner or child OR explicitly prohibits the use, attempted use, or threatened use of physical force against the partner or child that would reasonably be expected to cause bodily injury.
This new amendment does not prohibit persons subject to such restraining orders from receiving or possessing firearms or ammunition for use in performing official duties on behalf of a Federal, State or local law enforcement agency.
ATF Forms 4473, Firearms Transaction Record, have been amended to include this category of prohibited person. Federal firearms licensees should destroy all obsolete 4473 s and use only those that include this category.
If you have any questions regarding prohibitive restraining orders, please contact your nearest ATF office.
NOTE: We were unable to revise ATF Form 5300.35 (Brady form) due to the strict wording of the Brady Handgun Violence Prevention Act regarding the information that can be requested on that form. However, if a licensee has reason to believe that a person is subject to a disabling restraining order, the licensee should not transfer a firearm to that individual.
Virtual Law Library page
FindLaw -- If you can't find it here... "you jest ain't lookin' hard enough!"
The Code of Federal Regulations from the National Archives
The complete United States Code from Cornell Law University
The National Firearms Act (NFA) and other gun law related info and cases -- a well-maintained site.
gunlaws.com -- a superb site by Chad Speer.
Orange County [NY] Shooters offers a wealth of information for firearms owners residing in New York state or planning to relocate there.
Concealed carry reciprocity -- check the list of state carry permits recognized
ArizonaThese states recognize carry permits from any/all states:
Colorado
Florida
Texas
Thank you!
Mexico allows bringing two sporting rifles or shotguns of an acceptable caliber/guage and 50 rounds for each for hunting. First, a tourist permit must be obtained from the Mexican Consulate having jurisdiction over the area where the visitor resides. Mexican immigration officials will place a firearms stamp on this permit at the point of entry. For additional information, contact the Mexican Embasy or Consular Office. Remember also that all firearms must be declared on U.S. Customs form 4457 or any other registration document available for the purpose of faciltating re-entry into the United States with the same firearms. —American Rifleman, January, 1999, p6
Final Word: Do not be intimidated. Simply tell the police; you want to have an attorney present. Keep repeating that statement until they give in. Be strong. These are your rights. Never, never let anyone take them from you. Your Rights, Your Liberty, Nothing Is More Important.About the Author: Gary Olive is a practicing criminal defense attorney, in Los Angeles, CA. He can be reached by email at lawyerwarrior@aol.com
ABANetwork
The American Bar Association has a web site with an abundance of information on
topics like how to find a reputable lawyer.
Court TV Law Center
From Teen Court to the latest Supreme Court decision, the Court TV site has a
plethora of court related information.
The 'Lectric Law Library
A humorous legal resource with a variety of court cases. It even has a
librarian, Ralf, to show you around.
Nolo Press
The Nolo Press self-help law center has an abundance of articles on issues
related to taking legal action.
Internet Information
http://www.lifeadvice.com from MetLife.
USLawyermaps.com "Find a lawyer or attorney near you and read reviews and comments submitted by our visitors." Over 300,000 lawyers with addresses and maps.
NRA Civil Rights Defense Fund -- The NRA Civil Rights Defense Fund was established by the NRA Board of Directors in 1978 to become involved in court cases establishing legal precedents in favor of gun owners. To accomplish this, the Fund provides legal and financial assistance to selected individuals and organizations defending their right to keep and bear arms.
Expert Witness Testimony and consultation available from
The author of "Florida Firearms Law", Jon Gutmacher offers 30+ years of criminal trial experience.
Personal Injury Lawyer Database lists attorneys across the USA and includes, too, a helpful page of Legal Research Links.
An alternate Personal Injury Lawyer listing (quite good)
Locate a lawyer with Lawyers.com -- A resource of the Martindale-Hubbell Law Directory
American Self-Defense Institute (ASDI) offers members education, product discounts and 24-hour legal assistance hot-line.
Court
Opinions; searchable site
Links for various gun court cases
NFA
(National Firearms Act) and other gun law related info and cases -- a superb
index of court actions
Gun Facts from Guy Smith has much useful information.
The Federalist Papers compiled by Scott Ostrander
REPORT
OF THE
SUBCOMMITTEE ON THE CONSTITUTION
OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
NINETY-SEVENTH CONGRESS
SECOND SESSION
BILL SEARCH, 110th Congress (2007-2008) This site list goes back to the 101st Congress (1989-90).
Firearms legislation in the 109th congress -- Analysis by Gun Owners of America
Firearms legislation in the 110th congress -- Analysis by Gun Owners of America
NRA TOLL-FREE UPDATES OF CALIFORNIA LEGISLATION: 800-964-8683
GOA (Gun Owners of America) Legislative Alerts
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