Posts

Brief in Support of Retired LEO Denied Federal LEOSA Card

Petitioner has standing and states a claim upon which relief may be granted because LEOSA and the Administrative Procedure Act is appropriate for the relief sought. Johnson v. New York State Dep’t of Corr. Servs presents facts that are very different from the facts presented herein.  In Johnson, the Plaintiffs asserted a right to carry under LEOSA.  The court  held that Congress did not intend to create a private cause of action, but rather a private right. The Johnson court stated:

For the same reasons as with consideration of the second Cort factor, the creation of a federal remedy would be inconsistent with LEOSA’s statutory scheme because Congress left the states with the authority to issue concealed firearm certifications. Therefore, this factor also weighs against the determination that Congress intended to establish a private cause of action.

Johnson, supra (emphasis added).  Read more

Carnage & the Culture of Slaughter: Mumbai November, 2008

If you falter in times of trouble, how small is your strength! Rescue those being led away to death; hold back those staggering toward slaughter. If you say, “But we knew nothing about this,” does not he who weighs the heart perceive it.

Proverbs 24:10-12

The terrorist attack on Mumbai, India in November, 2008 lasted 60 hours. The fact that news media focused on the attack for such an extended period of time amplified the emotional impact.

A 2006 train bombing in Mumbai killed more people but the 172 people that were gunned down marked a new level of terror because of the way that ten shooters were able to move through the city without any effective response from India’s law enforcement or military for several hours. Experts studying the operation have concluded that many aspects of the attack demonstrate new tactics that should be expected in future operations. Read more

Seattle Area Cop Competes on Top Shot

http://www.federalwaymirr…/138532209.html

Range time on TV: Root for local ‘Top Shot’ contestant | Firearms Lawyer

By MARK KNAPP

Republished with permission from the Federal Way Mirror
The Firearms Lawyer
February 3, 2012

Television programs that feature weapons and shooting technology are becoming very popular.

One of my favorites is “Wednesday Night at the Range” on the Outdoor Channel — actually several different programs about self defense, competition shooting and the history of firearms.

Then on Tuesday evenings at 10:00 PM Pacific Time on the History Channel there is Top Shot. The program has matches in which top military, law enforcement and competitive shooters compete with everything from antique pistols to .50-caliber sniper rifles and machine guns. Read more

LEOSA Certification: From Federal Way to Federal Law Enforcement

Amended LEOSA Empowers Retired Law Enforcement

LEOSA has been around for about seven years now; most officers across many states aren’t very familiar with the law. Despite the 2010 amendments, understanding the LEOSA and related laws seems to be subject to some interpretation but we have received some help from a federal law enforcement officer who is also a Federal Law Enforcement Training Center (FLETC) and NRA instructor. He keeps himself very well versed in Washington State and federal laws that relate to LEOSA.

Active and retired LEOs should fully educate themselves on the firearm laws of any jurisdiction in which they are traveling and strive to always be in compliance with the various laws because their knowledge is what will ultimately protect them. We choose to carry concealed firearms for one purpose- to preserve life. The moment when the off-duty officer or retiree has to present that firearm and pull the trigger is critical because whether he was fully justified or not, those moments may land him in court explaining his actions. Things will be far more complicated if the court finds that the officer or retiree was in illegal possession of that firearm when he made the decision to deploy deadly force. Read more

Deadly Force Training

The purpose of the LAW ENFORCEMENT OFFICERS’ SAFETY ACT OF 2004 (18 U.S.C. Sec. 926B and 926C) is to supplement active law enforcement personnel in order to deter crime and prevent terrorist activity. The federal law accomplishes this by anticipating that additional armed law enforcement personnel that have already been trained will be present within each jurisdiction as officers travel from one jurisdiction to another while on business, vacationing or for any other reason.

The Act authorizes retired officers and active police officers from any jurisdiction within the United States to carry a concealed firearm within any jurisdiction of the United States; thus, increasing the likelihood that an armed officer will be present if circumstances warrant appropriate use of armed force. The retired officer must qualify annually per the standards that officers are required to meet for firearms proficiency within the agency from which he or she retired. For a retired officer to carry a weapon in all fifty states, the federal statute requires: Read more

Should Officers Shoot to Wound?

Republished from the Federal Way Mirror/The Firearms Lawyer

Jun 03 2010, 4:35 PM · UPDATED

Over the past several years, I have attended several firearms training programs and have begun teaching firearms law classes in Federal Way.

One thing I have learned is that anyone who thinks he or she will get a medal for killing a perpetrator is sorely deluded. If the public often suspects that officers have killed suspects because of racial prejudice or malice, how will the public view armed citizens? The question often arises as to whether shooting to wound would be preferable than shots that are apt to kill. Is it realistic to require anyone to attempt nonlethal shots? Read more

Law Enforcement Under Attack in Seattle, Tacoma & Worldwide

http://www.stratfor.com/w…greek_terrorism

According to William F. Jasper in an August, 2009 New American article entitled TERRORIST TARGETING OF POLICE, law enforcement should expect attacks to intensify around the world. The article cites statistics from another article by Lieutenant Raymond E. Foster (Los Angeles Police Department, retired) showing that “as of August 14, 2005, world-wide, there have been 554 terrorist attacks targeting police officers. These attacks resulted in 2,546 injuries and 1,327 fatalities.”

Many of the attacks (on the increase since 2005) against police are the work of “Islamic extremists”. But many “Islamicists” maintain open cordial relations with non-Islamic governments, including Putin’s Russia. Jasper notes the history of Islamicist back-channel relations with the Russian KGB-FSB and GRU. Such channels provide arms, munitions, and explosives. Read more

Seattle Officer Who Killed Clemmons Didn’t Leave His Most Important Weapon Behind!

The day after we proposed a community event honoring First Responders, a Seattle police officer demonstrated a degree of vigilance and preparation that exemplifies the qualities exemplified by many in law enforcement and other professions. Benjamin L. Kelly, 39, has over four years experience with the SPD and is a military veteran. Officer Kelly showed alert presence of mind during a situation that started out very routinely. Read more

Sgt. Munley: Courage, Active Shooter Protocol & Firearms Training

http://www.pnwlocalnews.c…n/36600024.html

Sgt. Kimberly Denise Munley is a Killeen police officer who was close to Fort Hood on Thursday when she heard the police radio reporting the attack at the SRP. Sergeant Munley, 34, is also member of Killeen’s SWAT team. Although the City of Killeen contracts to provide police services on the base, she was following a procedure that has now become the accepted approach for officers arriving at an “active shooter” crime scene before the SWAT team; i.e., a crime-scene where a gunman is at large, killing as many people as he can. Munley deployed active shooter protocol. Read more

Implementing the the Law Enforcement Officer’s Safety Act

RE: OPINION LETTER RELATING TO IMPLEMENTATION OF
LAW ENFORCEMENT OFFICERS’ SAFETY ACT

I. PURPOSE

The following opinion answers questions related to questions raised by the WASPC as to whether a municipal law enforcement agency exposes itself to additional liability by certifying retired law enforcement officers as having met Criminal Justice Training Commission standards for firearms qualification. The purpose of the LAW ENFORCEMENT OFFICERS’ SAFETY ACT OF 2004 (18 U.S.C. Sec. 926B and 926C) is to supplement active law enforcement personnel in order to deter crime and prevent terrorist activity. The federal law accomplishes this by anticipating that additional armed law enforcement personnel that have already been trained will be present within each jurisdiction as officers travel from one jurisdiction to another while on business, vacationing or for any other reason. Read more