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| H.R. 218 Prevails in South Dakota Case!!! | 11/18/2008 |
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Chuck Canterbury, National President of the Fraternal Order of Police, was pleased, but not surprised, by news that charges were dismissed against four qualified law enforcement officers who were indicted for violating South Dakota's law against carrying concealed firearms during a visit to that State.
"Dismissal of the charges was absolutely the right decision," Canterbury said. "The judge's ruling correctly applied the Law Enforcement Officers' Safety Act, which is better known to FOP members as 'H.R. 218.'"
Four off-duty, active law enforcement officers, three Federal and one local, were charged for carrying concealed firearms while visiting a bar in Sturgis, South Dakota. The four were carrying lawfully under the provisions of the Federal Law Enforcement Officers' Safety Act (LEOSA), or 18 USC 926B, which exempts qualified active law enforcement officers from State and local prohibitions on the carriage of concealed firearms. The exemption does not attach if the officer is under the influence.
After examining the facts of the case, Judge Warren G. Johnson of South Dakota's Fourth Judicial Circuit, dismissed the charges, writing that while "[S]tates retain the right to prohibit the possession of firearms on government property and to permit private persons and entities to prohibit the possession of firearms on their property, they cannot restrict qualified law enforcement officers in any other manner."
"The FOP fielded a lot of calls and emails from concerned members when the indictments were first announced, saying that the officers should not have been charged in the first place. Given the outcome, I agree with them," Canterbury said.
Initial news reports about the incident were complicated by a misstatement from a public information officer with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which suggested that the law had never taken effect. The FOP contacted ATF about the statement, which prompted a swift response in the form of a letter from W. Larry Ford, the Assistant Director for the Office of Public and Governmental Affairs, in which he apologized for the confusion and clarified the application of the law.
"In short, LEOSA is Federal law and qualified active and retired law enforcement officers may rely on it when traveling with their firearms," Canterbury said.
The news article regarding Judge Johnson's decision to dismiss the charges as reported by the Rapid City Journal can be found here.
The letter from Assistant Director Ford referenced above can be found here.
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