Page 12 - PCPA Spring 2024 Bulletin Magazine

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PA CHIEFS OF POLICE ASSOCIATION
COMMENT: Well, how about this? Common sense
prevails in the Third Circuit, and New Jersey’s
cockeyed view on the right of retired police officers to
carry in the Garden State is set straight! Big ruling out
of the Circuit Court this Valentine’s Day, holding:
LEOSA confers an enforceable right upon QRLEOs
who are carrying LEOSA-compliant identification to
carry a concealed firearm (subject to subsection (b)'s
exceptions). And LEOSA expressly preempts New
Jersey law to the extent that it imposes additional
conditions or restrictions upon such QRLEOs who are
in possession of compliant identification.
Do yourself a favor and read the whole thing but, if
nothing else, at least the highlighted parts. The Court
did NOT give an unfettered right to carry and use
hollow points in Jersey. Read that again- DID NOT!
This holding is limited to RETIRED officers. The Court
held that LEOSA supersedes New Jersey’s Permitting
statute. This ruling does NOT address currently active
officers. In other words, if you are a Qualified RETIRED
Law Enforcement Officer (QRLEO) who complies with
all of LEOSA’s identification, training and registering
requirements, then you can lawfully carry in Jersey,
and carry hollow point ammunition. It’s a great ruling,
but that’s as far as it goes. Do yourself a favor, and
read and follow the ENTIRE OPINION, not just the sexy
parts! When in doubt, ask your Solicitor!
Chris “The Chump” Boyle
Fed. L. Enf't Officer s Ass'n v. AG N.J.
30, 2023, Argued; February 14, 2024, Opinion Filed
No. 22-2209
Reporter
2024 U.S. App. LEXIS 3437 *
FEDERAL LAW ENFORCEMENT OFFICERS
ASSOCIATION; NEW JERSEY FRATERNAL ORDER
OF POLICE; RICHARD BOWEN; JOSEPH JAKUBIEC;
CHRISTOPHER MARTINEZ v. ATTORNEY GENERAL
NEW JERSEY; SUPERINTENDENT NEW JERSEY
STATE POLICE, Appellants
Prior History: [*1] On Appeal from the United States
District Court for the District of New Jersey. D.C. Civil
No. 3-20-cv-05762. District Judge: Honorable Zahid N.
Quraishi.
OPINION OF THE COURT
FREEMAN, Circuit Judge.
Retired law enforcement officers from various agencies
claim that a federal statute gives them the right to carry
concealed firearms in their home state of New Jersey.
New Jersey argues that the federal statute does not
provide that enforceable right. And even if there were
such an enforceable right, New Jersey argues that
the federal statute would apply only to officers who
retired from federal or out-of-state law enforcement
LT. CHRISTOPHER BOYLE #125 (RET.)
is a fifth-generation Police Officer and
attorney. He spent the first sixteen
years of his professional life with the
Philadelphia Police Department, retiring
as a Lieutenant. The next sixteen years
were spent training, consulting for, and
defending Police Officers and their
Departments as a Trial Attorney and
Law Enforcement Expert. In 2020, Chris
formed “Chris Boyle Law Enforcement
Consulting, LLC” to provide training,
subject matter expertise and consultation
services to law enforcement and the legal
profession. He is a nationally recognized
law enforcement expert, frequently called
upon to deliver seminars and other
training on a variety of topics. He is also a
proud member of the Pennsylvania Chiefs
of Police Association who can be reached
at: ChrisBoyle125@ChrisBoyleConsulting.
com or (215) 919-7879.
The material in this law alert has been
prepared by Chris Boyle. It is solely
intended to provide information on recent
legal developments, and is not intended
to provide legal advice for a specific
situation or to create an attorney-client
relationship.
Christopher P. Boyle, Esq.
By: Chris Boyle, Esq., Chris Boyle Law Enforcement Consulting, LLC
Chris Boyle's Legal Update
CHRIS BOYLE'S LEGAL UPDATE