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Bar/Pub Carry in NJ?

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just to let you know that  LEOSA trumps any illegal law that NJ passes. and as much as the dimwits in this state want to ignore the law the US Constitution stops this :Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, federal statutes, and U.S. Treaties as "the supreme law of the land." The text provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.

 

  18 USC § 926B - Carrying of concealed firearms by qualified law enforcement officers

(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

 

 

18 USC § 926C - Carrying of concealed firearms by qualified retired law enforcement officers

(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

When an individual carries they are carrying for their own protection...

When you are at work you are tasked with everyone else's safety....

So even being the tiniest bit off is probably not in your best interest.... Everything with your argument exists in extremes.... Oh if you legally carry while out to dinner... That like a cop drinking at work... When in reality it is not.... The more important question is if you and I went and had this discussion over a beer... Would I be concerned about you carrying? Nope... I have been out with police... Air Martials... That drank more than a beer or two....

People carry guns in preparation of the worst case scenario... The worst case scenario can occur anywhere... So ill take my chances....

The "tiniest bit off" is buzzed. Buzzed is drunk. "Under the influence of alcohol" generally means you have alcohol in your system.

 

How is being the "tiniest bit off" in anyone's best interest during a DPF encounter?

 

There are no extremes in my position other than the assumption that I used DPF.

 

No, carrying while out at dinner is not he same as a Cop carrying at work, you are right. The similarity that is there is the use of DPF after consuming any alcoholic beverages. If it has no effect, then it has no effect wether I am protecting myself or other.

 

If my COC is OK with it, it is technically legal and in policy and I was a Cop in your town, how would you feel about it seeing me and some co workers knocking back 2 at the local pub while in uniform?

 

If we met at a bar and I was carrying, I wouldn't be drinking. Simple.

just to let you know that LEOSA trumps any illegal law that NJ passes. and as much as the dimwits in this state want to ignore the law the US Constitution stops this :Article VI, Clause 2 of the [/size]United States Constitution, known as the [/size]Supremacy Clause, establishes the U.S. Constitution, federal statutes, and U.S. Treaties as "the supreme law of the land." The text provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow [/size]federal law when a conflict arises between federal law and either the [/size]state constitution or [/size]state law of any [/size]state.[/size]

 

 

 

 

18 USC § 926B - Carrying of concealed firearms by qualified law enforcement officers

(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

 

 

 

18 USC § 926C - Carrying of concealed firearms by qualified retired law enforcement officers

(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

Right. That is interstate. If I go to PA or NY I am covered.

 

As I understand LEOSA and how it was explained to me in training was that it does not trump anything in your home state. If you have info to the contrary I would love to have A copy of it!

Right. That is interstate. If I go to PA or NY I am covered.

 

As I understand LEOSA and how it was explained to me in training was that it does not trump anything in your home state. If you have info to the contrary I would love to have A copy of it!

Sure 

 

http://www.gpo.gov/fdsys/granule/USCODE-2010-title18/USCODE-2010-title18-partI-chap44-sec926B/content-detail.html

 

http://www.gpo.gov/fdsys/granule/USCODE-2010-title18/USCODE-2010-title18-partI-chap44-sec926C/content-detail.html

 

these are the links to the federal law and

 

http://www.fop.net/legislative/issues/hr218/hr218faq.pdf

 

this is the link to the FOP fact sheet.

 

Do I need a concealed carry permit from my State or any other documentation to 
carry lawfully? 
No. Qualified active and retired law enforcement officers do not need any additional concealed 
carry permits or licenses. Federal law exempts them from local and State prohibitions on the 
carriage of concealed firearms.

 

Until you shoot someone?

 

And a lawyer asks you "So Mr. Defendant, how many drinks did you have again? And what made you think it was a good idea to drink while carrying a loaded GUN."

 

 

"So Mr. Bad guy, please don't kill me. I knew I was going to have a drink with dinner so I left my gun at home."

 

I'll worry about the lawyer later. Now, if you go around shooting people when it's not absolutely the last resort, then yeah.

  • 2 weeks later...

Even though, in principle, I agree with everyone's stance here and understand where they are coming from, this will boil down to what your life's experience's are and your choices based on those experiences. In this case, I have to side with High Exposure and his more cautionary approach with not consuming alcohol in public while armed. NO one is right or wrong, it's more about what you are willing to deal with during the aftermath. Having been involved with interrogatories and depositions myself, I would not want that "monkey" on my back even if a justifiable shoot had occurred. 

 

The link to the Federal Law that Shane posted seems pretty straightforward, though I do have question about the " has/had statutory power of arrest or apprehension under the Uniform Code of Military Justice" part.  Several paragraphs below the listed criteria it states that you must meet all of the requirements above.  Since there is no "OR" mentioned in that requirement, I would have to think that it is a sticking point, just as any of the others could be, dependent upon circumstances. I could be completely wrong (it won't be the first time, LOL).

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