New Jersey & New York Legal Defense
Strengthening the Right of Off-Duty Officers to “Concealed Carry” Permits Providing Innovative Solutions & Obtaining Optimal Results
Legal

Strengthening the Right of Off-Duty Officers to “Concealed Carry” Permits

An influential Federal Appeals Court recently ruled that qualified law enforcement officers who are off-duty or retired have an enforceable Federal right to obtain a concealed carry firearms permit – notwithstanding State and local laws that otherwise restrict or prohibit concealed carry – and can sue in Federal court when their rights have been violated.

In June, the United States Court of Appeals for the District of Columbia (D.C.) Circuit decided the case of Duberry v. District of Columbia, in which local authorities had refused to issue the documents that retired corrections officers needed to obtain their concealed carry permits. The officers retained an attorney to bring a lawsuit in Federal court to uphold their rights. The lawsuit claimed that their former agencies violated their rights under the Federal “Law Enforcement Officers Safety Act” (LEOSA).

Congress enacted LEOSA because the unique threat that law enforcement officers face due to their occupation does not end when they are off-duty or retired. LEOSA explicitly overrides state and local laws and gives retired and off-duty officers who qualify and meet certain conditions the right to carry a concealed weapon to protect themselves, their families, and their communities.

The Court ruled that officers whose rights under LEOSA have been violated by a government agency can bring a Section 1983 lawsuit to enforce their rights and force State and local agencies to comply with Federal law. LEOSA applies not only to state and local police officers, but also to Federal agents, military police, Amtrak police officers, and corrections officers.

LEOSA requires applicants to meet certain eligibility requirements to receive its protections. For example, currently employed officers must have arrest powers and be authorized to carry a firearm while on duty, among other things. Retired officers must also have had at least ten years of service. LEOSA also requires all officers to maintain their firearms training qualifications while they carry.

As Federal law, LEOSA should apply in New Jersey with as much force as it does in D.C. The recent court decision strengthens the fact that law enforcement officers and retirees living in New Jersey have the right to obtain concealed carry permits, despite New Jersey’s extremely restrictive gun laws. If local agencies resist issuing permits to qualified officers, this decision provides powerful legal precedent to enforce their rights in court if necessary.

The takeaway from this decision is that current and retired law enforcement officers who have been frustrated in their attempts to obtain their concealed carry permits in New Jersey should consult an attorney. An attorney can help you navigate LEOSA’s statutory requirements and the New Jersey concealed carry application process. If you have been denied a permit, an attorney can help determine whether your rights have been violated. If you have been denied a permit unfairly, an attorney can represent you in court to vindicate your right to protect yourself and your family.

Categories

What Makes Us Different?

  • Proactive Representation

    We are dedicated to protecting your rights and fighting for your freedom.

  • Innovative Approach

    We provide innovative, personalized solutions to best fit your needs.

  • Free Consultation

    We believe nobody should have to pay when looking to hire an attorney.

  • Premier Boutique Law Firm

    We handle the most serious and complex white-collar, state and federal crimes.

Practicing in New Jersey & New York for Over 35 Years

Real People, Real Stories

  • “Jack represented me in a criminal case brought by the State of New Jersey, Division of Justice, Corruption bureau. The OAG spent five years preparing their case, so when they declared my employer and ...”

    - Paul
  • “Jack Arseneault was a beacon of hope to my family and I at a time when my options appeared limited back in 2011. I pretty much would of been behind bars without a doubt if it wasn’t for him. Not only ...”

    - Dominique
  • “My brother was facing criminal charges which were a result of identity theft. My friend suggests me to contact Arseneault & Fassett, LLP. I had discussed my brother cases with their professional team ...”

    - Mark J.
  • “My experience with Arseneault & Fassett, LLP was exceptional: they were knowledgeable and professional. Their staff is experienced and give you the best solution for your problem. We were very ...”

    - Charlize J.
  • “I hired Jack to defend me in a criminal case brought against me by the Federal Government. Jack worked tirelessly for me for over four years which resulted in a positive outcome that I believe would ...”

    - Frank
/

Results That Matter

  • 17-Count State Criminal Indictment Outright Dismissal
  • Billing Fraud Acquittal Of All Charges
  • Federal Anti-Trust Civil Complaint Settled
  • Federal Criminal Charges Immunity
  • Federal Criminal Indictment Dismissed
  • Federal Structuring Charges One-Year License Suspension
  • Fraud Dismissed
  • Fraud Offenses Six-Month Halfway House
  • Fraud Offenses Noncustodial Probationary Sentence and $90,000
  • Fraudulent Bill Submittal Three-Month License Suspension
/

Build A Strong Defense Today

Request a Free Evaluation with Our Powerhouse Team
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.