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Dire88 t1_ix59feh wrote

Reply to comment by Eagle_Arm in Off-Duty Vermont Deputy shot by NY Police by Dawsinian

Where and when it is legal and responsible to do so.

It is illegal to carry a firearm in a bar in New York.

It is illegal to carry a firearm while intoxicated in New York.

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CountFauxlof t1_ix5d4bo wrote

I think LEOSA (which I find to be an infuriating law) would preempt that unless the individual bar specifically prohibited firearms (which it probably doesn’t because it’s nigh impossible to get a ccw permit as a regular schmuck on NYC).

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IsraelZulu t1_ix5ji31 wrote

After a quick Google and skim, I think you might be right.

For those unfamiliar, a very cursory reading of some top Google results turned up:

  • LEOSA is a federal law, which allows current and retired LEOs to carry their guns anywhere in the US despite local laws which would otherwise prohibit or restrict them.
  • There are some exceptions to LEOSA, particularly with regards to government property.
  • Notably, there does not appear to be any exception for bars, nor carrying while intoxicated, both of which would normally be off-limits in state or local laws.

I think the general intent of LEOSA isn't totally bad, but it's very poorly implemented. Allowing people covered under LEOSA to carry in places no other citizen would be allowed to carry under any circumstances is a particularly egregious overreach.

Of course, I could be wrong. Like I said, I only spent a few minutes Googling this so far. In this particular case, I think I'd be happier to be wrong.

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Dire88 t1_ix5pemo wrote

LEOSA is codified in 18 U.S. Code § 926B.

(C)(5) specifically outlines that it does not apply if the individual is intoxicated.

Article doesn't say he was, but 3am outside a bar does.

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CountFauxlof t1_ix5tqi4 wrote

I want to be very clear that I’m not defending the guy or LEOSA -I just wanted to point out that LEOs have a very specific protection in this situation that isn’t extended to other civilians.

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