NJ Tells Retired Cops They Can't Carry Guns, Hollow Points, Despite Federal Law

The New Jersey Office Of The Attorney General explained their unique interpretation of federal law.

by Christopher Berg and Sandy Malone

Trenton, NJ - After the state of New Jersey banned active police officers from possessing their duty weapons while off duty starting last Monday, the ban is expected to be "fixed" this upcoming Monday.

However, the state would like to remind officers that they don't recognize the provisions of the federal Law Enforcement Officers Safety Act (LEOSA) which allows retired New Jersey officers to carry their weapons or hollow point ammunition.

According to the Attorney General's Office, LEOSA only applies to active and retired police officers who carry their firearms in interstate commerce. If a retired New Jersey officer remains in the state of New Jersey, they aren't engaging in interstate commerce, according to the AG's office, so New Jersey won't recognize the federal law.

LEOSA was “designed to protect officers and their families from vindictive criminals, and to allow thousands of equipped, trained and certified law enforcement officers, whether on-duty, off-duty or retired, to carry concealed firearms in situations where they can respond immediately to a crime across state and other jurisdictional lines.”

The purpose of the law was to pre-empt states from restricting the type of ammunition that officers could carry off duty, and allow them to carry their weapons in any state without running afoul of any state laws.

Because the state refuses to recognize LEOSA's application to retired New Jersey officers who remain in the state, the Attorney General says that there are no circumstances where it's legal for them to possess hollow point ammunition.

If a retired officer would like to carry a concealed weapon, they must get permission from the New Jersey State Police Superintendent to carry their weapon, according to New Jersey state law.

The new law that limits gun magazines to 10 rounds also went into effect on Dec. 10 without the legislature taking up the amendment to create an exception for law enforcement officers.

Modern firearms issued to patrol officers generally hold 12 or more rounds of ammunition.

That means that just about all law enforcement officers in New Jersey will be breaking the law if they carry their assigned duty weapons while off duty, including just being home with them, unless they live outside of the state or leave their magazines behind at work, rendering the weapons near-useless.

Bergen County Prosecutor Dennis Calo issued a memorandum to local police officials on Dec. 13 reminding everyone that the prohibition of the possession of large-capacity ammunition magazines also applied to off-duty law enforcement officers.

“The statute now provides that law enforcement officers are not permitted to possess large capacity ammunition magazines, i.e. magazines capable of holding more than ten (10) rounds of ammunition to be fed continuously into semi-automatic firearms, unless while on duty or traveling to or from an authorized place of duty,” the memo read.

“This statute applies to all law enforcement officers, including those subject to on-call status. Violation of this statute constitutes a fourth degree crime,” the memo continued. “There is legislation pending to amend the statute to permit law enforcement officers possession of large capacity magazines. We will keep you informed if and when the statute is amended.”

Under the new law, it’s technically legal for them to carry their gun home from work with them, but the minute they get home, they are breaking the law.

Bergen County may have been the only jurisdiction in the state to remind local law enforcement about the change in the law, and that’s confused a number of New Jersey residents.

“There’s a lot of misinformation out there about this, and a lot of people thinking the prosecutor put this out there on his own. But it’s a state law,” explained Elizabeth Rebein, the public information officer for the Bergen County prosecutor’s office.

Blue Lives Matter asked how officers with take-home vehicles or who were required to be on duty when they left their homes were supposed to have their duty weapons, the prosecutor’s office acknowledged a problem.

“There seems to be a conflict in the law in that regard,” Rebein said.

But she pointed out that for now, the new law has to be enforced and that’s why the reminder was sent.

“This is not something that is coming from the prosecutor. This is something the legislature passed that went into effect on December 10th,” Rebein explained.

The amendment which allows police officers to possess larger magazines is expected to be signed on Monday, but that leaves officers vulnerable to breaking the law for a week.

After the amendment is signed, retired law enforcement officers will be able to carry up to 15 rounds of non-hollow point ammunition if they have permission from the New Jersey State Police Superintendent to carry their weapons.

Comments (67)
No. 1-41
ThomBowen
ThomBowen

New Jersey law makers have LOST THEIR COLLECTIVE MINDS!

MSK
MSK

This is beyond my comprehension. So if a off duty cop or a retired cop is outside a school or business or anywhere for that matter and some psycho opens fire the officers are helpless to stop them??? Wow, that sure makes a lot of sense. A cop in a take home car can’t carry either??? Who was the brain dead individual that wrote this law??? What’s next, trade their on duty weapons in for cap guns or water pistols? Politicians are insane.

johnjohn517
johnjohn517

i see no mention of retired pd from another state. if you are from out of state and have a active (LEOSA) or 218 can they carry?

rreynolds6
rreynolds6

Time for a Blue Flu epidemic!

TCSO7801
TCSO7801

NJ arrested an active duty US Army Colonel who had his assigned M16 in his vehicle transitting to a new duty assignment. It was in a case in the back of his vehicle. This dumbassery by New Jersey is nothing new. NJ is the laughing stock of the legislative world with the assinne rules and laws they propagate.

LEO030
LEO030

This explains why so many New Jersians retire to Florida. The state is apparently being run by idiots.

Shooter218
Shooter218

Interesting interpretation of the law he must be related to the Massachusetts AG. She feels it is her job to "intemperate" the law to.

NYPD_retired
NYPD_retired

I will continue to carry whenever and wherever I chose, as long as I’m not doing anything wrong there is no reason to stop me, there are other ways to travel without going through NJ.

Da$
Da$

It seems to me they only need to swap out their mag for a 10 rounder. Then it's "legal.

Ronnytx031
Ronnytx031

Apparently the kool aid is flowing from New York straight to New Jersey.

ssteve3844
ssteve3844

Sounds like a lot of police officers need to LAWYER-UP and fight this crap.....And who is the guy wearing the turbin???

Christopher Berg
Christopher Berg

Editor

For those who are unaware, it's inappropriate to make remarks disparaging to all Sikhs because you disagree with a Sikh politician.

NTPD935Ret
NTPD935Ret

How can a state not obey federal law?

Mr. Budget
Mr. Budget

Murphy and his puppet AG have to go

Mr. Budget
Mr. Budget

Mockery

MikeyBoy
MikeyBoy

New Jersey: The armpit of America has now become its anus.

JohnPollastro
JohnPollastro

Just another way to give a criminal a chance to get away with their crime. Why don’t these politicians and law makers get rid of their personal security and open their fucking doors to illegal immigrants and fork over their easy made money to cover the cost of all this bullshit that’s going around today. Strip us citizens of everything we worked for all our lives and give it away, when I was a kid I felt secure when my father had his off duty weapon Strapped to his ankle and had to use it a couple times. Tell these assholes to go hug a tree and smoke some weed and stay out of politics!

Mb_275
Mb_275

Stunning Stupidity !!

Zoe.S.
Zoe.S.

If I am an armed robber,burglar, or any serious criminal, I will carry my weapon loaded with maximum capacity, 10+, and that way in a shootout with an off-duty officer, I will have a distinctive advantage and another police funeral is a reality.

AZBIGDOG
AZBIGDOG

So, if as a LEOSA certified officer I carry a weapon I have qualified with and that it has more than 10 rounds, will I be arrested? It appears so. My question is how does the NJ maroon scumsucker get away with breaking the federal law that says I can? So far this bottom feeder has managed to alienate everyone from citizen to military. And I want to know what Officer is going to arrest a retired Officer legally, by Federal Law, carrying a firearm?

NomonK
NomonK

NJ has begun to look like California of the east coast. What a shame.

CaptainRescueOne
CaptainRescueOne

Welcome to the Socialist Republic of New Jersey!!! Leave your rights at the border! Safe Haven for Illegals and criminals alike!!!

Stanracer
Stanracer

Wait...what!!!!????👎

ForestJohn
ForestJohn

And I thought here in California we had the most f'd up laws regarding guns. With that kind of NJ liberal political thinking, I sure wouldn't want to be in an officer involved there..

Taquito's_mom
Taquito's_mom

Do you see the activists asking about police not having a loaded handgun. Easier to know break down the door and take vengeance for an arrest, drug seizure, a shooting. Watch for it.

wmc50
wmc50

@Mb_275 if you think this is stupid, read about the Philadelphia (Suffolk County) District Attorney's plan to NOT PROSECUTE 15 Specific CRIMES. Jesus, what Leftist Socialist idiocy the entire northeast are electing to govern themselves.

spclopr8tr
spclopr8tr

I wonder where they are going to find a LEO willing to arrest a retired officer in violation of this stupid law.

Charlie 60
Charlie 60

It's all in the playbook folks.... Take away religion..... Take away firearms..... Take away the right to vote.... Just look at both these A-Holes..... Slimball Phil who is not only as far to the left as it gets he is also on the Soros payroll and then you have his AG that is a full blown Towelhead.... We are in real trouble here...

RetNCPD
RetNCPD

Why is there a turban wearing MF on the podium? Fuck that. This is America. Take that shit off until you're at the Mosque.

Slothman
Slothman

I say let it burn. Let it all burn. Then maybe they will cry out for Common sense...

LarryNut
LarryNut

There are easy ways around the hollow point ammo ban. A company called Lehigh Defense sells ammo with homogenous copper projectiles which are fluted to make them look like flying Philips head screwdriver bits. These bullets cause far more tissue disruption than hollow point ammo and penetrate to meet FBI standards.

Albert2
Albert2

It must be salt water it seemes any state above a certain latitude that also touches salt water has insane people passing their laws. CA, NJ, NY, CA, OR, and WA

RPG156
RPG156

The NJ Attorney General and Bergen Co. DA are collectively STUPID AF!

MMcGregor
MMcGregor

Who is the moron in the blue turban??? And NJ needs to wake up!! They always had stupid drivers, now this will just make things worse - or maybe that's what they want!!!

Thinblueline
Thinblueline

Who do they think is going to enforce this? Other cops. Dumb fuck politicians!

neda
neda

the rule against carrying hollow point ammunition shows just how clueless these politicians are and that they are more worried about protecting law breakers than innocent citizens. hollow point ammunition is designed to expend most of its energy at the time of initial impact thereby less likely to pass through and be a danger to those past the original target. so you therefor do less damage to a violent criminal at the risk of innocent bystanders. but then i guess the criminals are who these politicians are trying to protect.

Jzamrok
Jzamrok

The federal law states: ..may carry a concealed firearm that has been shipped or transported (notice past tense) in interstate or foreign commerce.." this provides the federal nixes for the federal law to supersede any state law regarding a firearm. All firearms in NJ have been shipped into the state in order to be sold in the state. (interstate commerce). The NJ AG knows this and is knowingly denying my rights provided by federal law without due process. That is "Official Miconduct" and a breech of his oath of office. He should be criminally charge both on the state and federal level.

Jzamrok
Jzamrok

The federal law states: ..may carry a concealed firearm that has been shipped or transported (notice past tense) in interstate or foreign commerce.." this provides the federal nixes for the federal law to supersede any state law regarding a firearm. All firearms in NJ have been shipped into the state in order to be sold in the state. (interstate commerce). The NJ AG knows this and is knowingly denying my rights provided by federal law without due process. That is "Official Miconduct" and a breech of his oath of office. He should be criminally charge both on the state and federal level.

VanMan
VanMan

mmmm......

Weehoose
Weehoose

What is wrong with these people? They hire and train them to serve and protect. But when they retire....all that they have trained for and done in the line of duty means nothing. Then we have teenage bartenders trying to tell us what we are doing wrong?

Burgers Allday
Burgers Allday

Let's wait and see how the federal courts decide this Supremacy Clause dispute!