Today, Mathew Silverman, National President of the Federal Law Enforcement Officers Association (FLEOA)–the nation’s largest non-partisan, non-for-profit professional association representing more than 32,000 federal law enforcement officers and agents across 65 federal agencies–issued the following statement regarding the United States Court of Appeals for the Third Circuit’s decision affirming the lower court’s ruling in FLEOA and the New Jersey State Lodge of the Fraternal Order of Police (NJ FOP)’s favor in FLEOA v. Grewal:
“It is with extreme pride and pleasure that we announce that the US Court of Appeals for the Third Circuit has ruled in FLEOA and the NJ FOP’s favor in our lawsuit against the State of New Jersey for their preemption of the federal Law Enforcement Officers Safety Acy (LEOSA). LEOSA establishes a limited concealed carry waiver for qualified law enforcement ‘notwithstanding any other provision of law of any state.’ Despite this, New Jersey has consistently sought to undermine the rights of qualified law enforcement to carry in the state. Today, the Court of Appeals affirmed Congress’s ‘express and unmistakable’ intent to preempt state law and struck down New Jersey’s unconstitutional violation of the constitution’s Supremacy Clause,” FLEOA President Silverman said.
“As the Court concluded: ‘We may not ignore Congress’s unambiguous conferral of an individual right or its clear intent to preempt state law. In LEOSA, Congress granted certain retired law enforcement officers a right to carry a concealed firearm. And LEOSA expressly preempts contrary provisions of the state law.’ This conclusion sends a strong message to states who seek to circumvent federal law by imposing unnecessary and burdensome requirements on retired officers’ right to carry that those requirements will not stand,” Silverman continued.
“In enacting LEOSA, Congress sought to provide a force multiplied in states to ensure qualified personnel with public safety training are prepared and able to respond to public safety threats whenever they arise. New Jersey and various other states have disregarded these public safety benefits and disregarded their constitutional responsibility to defer to federal law. Today, the Court of Appeals made clear that will not stand. We applaud the Court for its decision today and look forward to seeing New Jersey abide by this ruling after having lost their case at both the district court and appellate court levels. Finally, I would like to extend my sincere gratitude to the NJ FOP for fighting this fight alongside FLEOA,” Silverman concluded.
“The Court of Appeals decision today reflects a commonsense and constitutionally-sound interpretation of LEOSA. We applaud the Court for unequivocally concluding that ‘New Jersey may not limit the LEOSA right or burden that right by imposing additional requirements upon right-holders.’ With this, the Court made clear that the state of New Jersey’s constant attempts to undermine the LEOSA rights of qualified law enforcement officers was unacceptable and unproductive. LEOSA serves to enhance public safety, and at a time when law enforcement is struggling to recruit and retain qualified personnel, it serves as a critical force multiplier in the field,” Robert W. Fox, NJ FOP President, continued.
“Like the district court’s decision, this opinion is based on the text of the law, its history, and the facts of New Jersey’s actions. Had New Jersey cooperated with law enforcement entities, this case could have come out differently. But because of the state’s consistent work to undermine LEOSA rights, we were forced to take our case to court for resolution. As a result, justice has been served for our members and the entire law enforcement community in New Jersey. We applaud the Court of Appeals decision and thank FLEOA for working with us to correct this injustice,” Fox concluded.
Read the full Court opinion here.
