Senate Passes Gun Bill!


At 0200 hours this morning, the Senate passed the gun bill by a vote of 49-14. Senator Skelos was persuaded in the 11th hour to allow the bill to come up for a vote. The measure now gets returned to the Assembly (1st house to pass a measure controls the bill), where the bill will await the Governor's office to "call" for the bill. Once the Governor calls for the bill, he has ten days (excluding Sundays) to sign or veto the bill; not taking any action results 
in the bill becoming law. The Governor's office has supported the measure from the beginning and is expected to sign the measure into law within the next month. I would like to thank Bob Unger, who from January, stood by our side and pushed in full force to enable all of us to retain our weapons in 
retirement without any limitations on magazine capacity. Additionally, Jim Slevin, who continued the pressure on the Assembly and the Senate, too, and provided invaluable advice and support.
Below are some of the provisions of the bill. For a complete review of the bill, log into the Senate's Web site and type the # S-04536-A. I recommend 
any member that is retired or is about to retire to review the bill (only two pages).

     Have to have served five years as a police officer or retired on a disability pension to qualify ( The five years was reduced from ten to accommodate the 
unique nature of how we attain our positions).
     I expressly insisted that the definition of police officer be "as defined in subdivision 34 of the CPL 1.20." This removes any ambiguity with regard to 
who is a police officer. (Marshals are defined in subdivision 34(i).
     A retiree has to qualify once every three years in order to be exempt (your HR 218 qualification is sufficient).
     A member already retired when this measure becomes law has 18 months to qualify to be covered. Subsequently, the above provision applies.
     Retirees can carry large capacity magazines and assault weapons provided they qualified with their respective agency within the past 12 months prior to retirement. (assault weapons must be registered within 60 days after retirement). Ex. if you qualified with your Glock prior to retirement, you may retain that weapon in retirement with no restrictions on that magazine or comparable replacements. If you purchase a caliber that you were not qualified on, you have to abide by the seven round restrictions in NY. If a retiree never qualified on a 9mm, you are not covered under this measure for any 9mm weapon.Furthermore, retiring on any mental disability will exclude you from any provisions stated above.

Be Safe,  Steve Tagliani

Law Enforcement Officers' Safety Act, Public Law 108-277 and Public Law 111-272 Codified 18 USC 926B, 926C

On July 22, 2004, President George W. Bush signed House Resolution 218 (HR 218), the "Law Enforcement Officers' Safety Act," into law. This act, which officially became Public Law 108-277, went into effect immediately. This bill exempts qualified active and retired law enforcement officers from local and State prohibition on the carrying of concealed firearms.

On September 29, 2010, The U.S. House of Representatives, passed S. 1132. This bill amends the current Public Law 108-277 with positive changes --especially provisions for retired officers. The bill also covers ammunition which was not covered in the original LEOSA bill. It also makes it easier for retiree to do the yearly qualifications. On October 12, 2010, President Barack H. Obama signed S. 1132, the “Law Enforcement Officers’ Safety Act,” into law. The Act, now Public Law 111-272, went into effect immediately

In this section, you will find HR 218 and related issues regarding the law and also the challenges. Please also check our legislative news and activities under the "Legislative" section.

Senate Bill 1132  Read the Act Here
(Latest amendments to PL 108-277)
PL 111-272 Read the Law Here

PL 108-277 Read the Law Here

BOP Statutory Arrest Authority

Revised Q & A re: HR 218

U. S. Attorney General Guidance Memo

Caselaw concerning 18 USC 926B (HR218)
       NY vs Rodriguez (2006)
       NY vs Booth (2008)
       South Dakota vs Ronald Smith