Federal firearms act cannot be used in case

[WhiteFeather]

I think you will find this one interesting read.

Notice how the Feds can't supersede state or local laws on firearms, also considering the Heller decision supports that same position, the states can regulate firearms over the feds.

So expect the anti-gun groups to focus more of there efforts at the state level as they already publicly said they would to enact more gun laws over US.


http://www.rapidcityjournal.com/arti...d898298826.txt

Federal firearms act cannot be used in case

The Meade county grand jury that indicted a Seattle police officer for bringing a gun into a Sturgis bar in the early morning hours of Aug. 9 could not have used the federal Law Enforcement Officers Safety Act of 2004 to exonerate him, a spokeswoman for the Bureau of Alcohol, Tobacco, Firearms and Explosives said Thursday.

Congress passed that law in the wake of the terrorist attacks of Sept. 11, 2001, to exempt qualified law enforcement officers from state laws that prohibit the carrying of a concealed weapon. But because the legislation was never implemented by its rule-making agency – the U.S. Attorney General’s office -- the Meade County grand jury could not have used it in any case to defend the actions of Seattle policeman Ronald Smith, according to Carrie DiPirro, public information officer in the Denver office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Nowhere in America would that act have been considered by a grand jury, DiPirro said.

“The act was passed, but it’s never been enforced by the Attorney General’s office,” she said. Congress directed the U.S. Attorney General’s office to meet the conditions for its implementation – such as establishing the necessary databases and identifications -- something which DiPirro said apparently has never been done.

The Law Enforcement Officers Safety Act amended the federal criminal code to authorize qualified law enforcement officers (including certain qualified retired officers) carrying the photographic identification issued by their governmental agency, notwithstanding state or local laws, to carry a concealed firearm. That authorization is not intended to supersede state laws that permit private entities to prohibit the possession of concealed firearms on their property, or prohibit the possession of firearms on state or local government property. The law also would not cover any officer under the influence of alcohol and it excludes from the definition of “firearm” any machine gun, firearm silencer, or destructive device.

Smith and four other men were charged on two alternative concealed weapon permit violations. According to the South Dakota Secretary of State’s Web site, Washington and South Dakota do not have reciprocity of concealed weapons permits, but Attorney General Larry Long said Thursday he could not immediately confirm that.

“We’re not sure if Washington is or not,” Long said.

The grand jury issued alternative concealed weapon permit indictments for Smith and the others. The men could be convicted of carrying a concealed pistol without permit or failing to abide by a permit of a reciprocal state, but not both counts, Long said.

[joe15003]

Yea I looked more into this HR218 rule that police are suppose to have now. Here is another article I found regarding the same thing.

http://www.policelink.com/news/52744...8-to-be-tested

4 Cops Charged with Carrying; HR218 to Be Tested?
929 Views 53 Comments Share Flag as inappropriate Four police officers, including two federal agents, have been charged with carrying concealed handguns in Sturgis, SD.
Seattle Times via YellowBrix

September 16, 2008

STURGIS, SD – Prosecutors in South Dakota have dismissed a felony assault charge against a Seattle police detective who shot a member of the Hells Angels motorcycle club last month during a bar fight.

Meade County State Attorney Jesse Sondreal said Monday that an aggravated-assault charge against Detective Ron Smith has been dropped because “the investigation that I have reviewed indicates he was assaulted and it was premeditated.”

Earlier this month, Sondreal dropped a felony perjury charge against Smith in connection with the same incident.

Smith still faces a misdemeanor charge stemming from the shooting of Joseph McGuire on Aug. 9.

Smith said he shot McGuire after McGuire and other members of the Hells Angels jumped him inside the Loud American Roadhouse during the annual Sturgis, S.D., Motorcycle Rally. Smith attended the rally as a member of the Iron Pigs, a motorcycle club made up of law-enforcement officers and firefighters.

In addition to the aggravated-assault and perjury charges, Smith was charged with a misdemeanor count of carrying a concealed weapon without a permit.

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“The law-enforcement investigation, submitted to this office, establishes that Ron Smith was defending himself from a violent premeditated attack and he responded in a manner which was neither excessive nor unreasonable under the circumstances,” Sondreal said in a news release Monday afternoon.

Sondreal said he “assumes” that Smith was targeted because he belongs to the Iron Pigs. Sondreal said the Hells Angels could have attacked Smith because he and other Iron Pigs were dressed in clothing featuring the Iron Pigs logo.

Sondreal said that Smith and other Iron Pigs cooperated fully with authorities and testified before a grand jury impaneled to determine whether charges would be filed in the case.

“Mr. McGuire and his group attempted to flee the scene [after the shooting] and wouldn’t cooperate and wouldn’t testify before the grand jury. They all invoked their right to remain silent,” Sondreal said.

McGuire, of Imperial Beach, Calif., was charged with aggravated assault. An aggravated-assault conviction in South Dakota can result in up to 15 years in prison.

Smith, 43, couldn’t be reached for a comment on Monday.

In addition to Smith, four other members of the Iron Pigs who were with him at the bar face misdemeanor charges. All are charged with carrying a concealed weapon without a permit. A conviction on the misdemeanor could result in up to one year in jail and a $2,000 fine.

They are: Scott Lazalde, 38, of Bellingham; James Rector, 44, of Ferndale, Whatcom County; Erik Pingel, 35, of Aurora, Colo.; and Seattle police Sgt. Dennis McCoy, 49, of Seattle. Lazalde and Rector are longtime members of U.S. Customs and Border Inspection and stationed in Blaine. Pingel is a firefighter.

[granuale]

Originally Posted by WhiteFeather

According to the South Dakota Secretary of State’s Web site, Washington and South Dakota do not have reciprocity of concealed weapons permits, but Attorney General Larry Long said Thursday he could not immediately confirm that.

Priceless. The Attorney General himself doesn't know.

"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one "makes" them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted -- and you create a nation of law-breakers-and then you cash in on the guilt." (Ayn Rand, "Atlas Shrugged")

[sluggie24]

Wait I'm confused here. So this act can be ignored by the state then? Would the same then apply to the entire National Firearms Act or the 86 MG ban?

[General Geoff]

I like the double standard here, this federal law can be ignored but the NFA or the GCA can't.

[policemedic]

You heard it here first, this case is going nowhere. They will be exonerated because LEOSA is the law of the land.

The comments by the BATFE agent are somewhat ridiculous. LEOSA calls for no such database or anything of the sort. All that's required for active cops is their police ID. That's the letter of the law.

The funniest part is they also charged federal agents. Priceless.

[Statkowski]

LEOSA/HR 218/Federal Stuff DOES NOT APPLY HERE because state law says off-duty cops cannot carry in bars. They did. They could have carried anywhere else in the state, but out-of-state LEOs (and that includes federales) are not granted carte blanche to ignore state laws.

[Steve in PA]

Originally Posted by Statkowski

LEOSA/HR 218/Federal Stuff DOES NOT APPLY HERE because state law says off-duty cops cannot carry in bars. They did. They could have carried anywhere else in the state, but out-of-state LEOs (and that includes federales) are not granted carte blanche to ignore state laws.

Exactly. While LEOSA allows officers to carry in all 50 states, they still have to abide by the rules of the state they are in. If the state law says no carrying in bars, then you can't carry in bars.

[policemedic]

Originally Posted by Steve in PA

Exactly. While LEOSA allows officers to carry in all 50 states, they still have to abide by the rules of the state they are in. If the state law says no carrying in bars, then you can't carry in bars.

I must have missed that part. I thought they were simply charged with carrying w/o a license, not carrying in a prohibited place. The quote from the idiot BATFE PIO certainly made it sound like the case was about LEOSA, and nothing else...then again, I had been awake for going on 24hrs when I read the post.

You're right, LEOSA doesn't exempt people from prohibited places enumerated in state law.

[G10mm]

What a mess .
Question
Was he drunk ?
Was the place a Bar/ Restrant ?
Were the NO Guns sign on the door ?
If you are a law abidding person Someone attackes you can't defend your self .guess not in SD