motorman4life
Well-known member
It appears, contrary to the information we have been given by multiple official sources (and agencies), that ALL active and retired U.S. Peace Officers that have acted under the assumption that threy were "covered" by H.R. 218 since July 2004 have actually (unknowingly) become CRIMINALS as a result of inaction on the part of the U.S. DOJ and their failure to "implement" the law properly. Refer to detailed article and link, below.
In summary, 4 police officers from Seattle PD are under indictment for CCW
violations arising from a shooting that was deemed to have been justified, when the (off-duty) police officers from WA State were attacked by CA-based Hells Angels members at Sturgis last month and apparently H.R. 218 cannot be used to defend them because of inaction by the U.S. DOJ. Essentially, it appears H.R. 218 is not worth the paper it was printed on, unless or until the U.S. DOJ implements a database to comply with the law.
I did a check of this via snopes.com and found nothing. The article below is copied from the Rapid City Journal and appears to be legit. I have forwarded this info to LEAA, FOP and PORAC to ask for their position on this, as it appears they have been distributing bad info to their members regarding the law, since 2004.
FEDERAL FIREARMS ACT CANNOT BE USED IN SOUTH DAKOTA CASE
By Journal staff Friday, August 29, 2008
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 Genera l'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 permit20violations. 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.
http://www.rapidcityjournal.com/articles/2008/08/29/news/local/doc48b784e086e0d898298826.txt
If that link does not work, use this one: http://tinyurl.com/59ggxg
In summary, 4 police officers from Seattle PD are under indictment for CCW
violations arising from a shooting that was deemed to have been justified, when the (off-duty) police officers from WA State were attacked by CA-based Hells Angels members at Sturgis last month and apparently H.R. 218 cannot be used to defend them because of inaction by the U.S. DOJ. Essentially, it appears H.R. 218 is not worth the paper it was printed on, unless or until the U.S. DOJ implements a database to comply with the law.
I did a check of this via snopes.com and found nothing. The article below is copied from the Rapid City Journal and appears to be legit. I have forwarded this info to LEAA, FOP and PORAC to ask for their position on this, as it appears they have been distributing bad info to their members regarding the law, since 2004.
FEDERAL FIREARMS ACT CANNOT BE USED IN SOUTH DAKOTA CASE
By Journal staff Friday, August 29, 2008
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 Genera l'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 permit20violations. 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.
http://www.rapidcityjournal.com/articles/2008/08/29/news/local/doc48b784e086e0d898298826.txt
If that link does not work, use this one: http://tinyurl.com/59ggxg
)
