(The following report was obtained by the National Association of Chiefs of Police Firearms Committee.)
A ruling on a case from South Dakota -- where off-duty law enforcement officers were criminally charged for carrying guns despite the authority to do so under the federal 'Law Enforcement Officer's Safety Act of 2004' (LEOSA) -- has confirmed that all qualified off-duty and retired law enforcement are allowed, by federal law, to carry a concealed gun for personal self-defense irrespective of state law.
The federal law supersedes the crazy, confusing and often conflicted state and local laws that limit legitimate self-defense.
Law Enforcement Alliance of America's Executive Director, Jim Fotis said, "When LEAA co-authored the original draft of what became affectionately known as 'National Cop Carry' back in the early 1990's, I knew it would save cops' lives and give those who choose to resist violent criminals a fighting chance. In 2004 I shook President Bush's hand after he signed our bill into law and rejoiced that our fight -- for more than a decade -- was finally over!"
The local prosecutor's apparent effort to challenge the federal law, and send a message to all in law enforcement not to carry a gun for self-defense in South Dakota, was soundly rejected! Thankfully, after careful review, the gun charges against the officers were dismissed. "The Judge's crystal clear and unambiguous legal opinion should be required reading for every prosecutor in the nation so that no other law enforcement professionals, active or retired, have to endure what those officers and agents have endured in South Dakota," declared Carl Rowan, LEAA's Vice President.
Robert Van Norman and Kenneth Orrock, Attorneys for the officers, said "We are pleased with the court's decision, as it reaffirms the intent of the Law Enforcement Officers Safety Act and in effect will protect law enforcement officers and our communities. The law enforcement community should find comfort that LEOSA has been properly applied in this case."
The Law Enforcement Alliance of America, Inc., (LEAA) is the nation's largest not for profit, non-partisan coalition of law enforcement professionals, crime victims, and concerned citizens dedicated to making America safer.
Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police. He's former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university and director of security for a number of organizations. He's also served on the National Drug Task Force and trained police and security officers throughout the country. He writes for many police and crime magazines including Chief of Police, Police Times, The Narc Officer, Campus Law Enforcement Journal, and others. He's appeared as on-air commentator for over 100 TV and radio news and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox News, etc. His book Assume The Position is available at Amazon.Com, Booksamillion.com, and can be ordered at local bookstores. Kouri holds a bachelor of science in criminal justice and master of arts in public administration and he's a board certified protection professional.