ISPLA Legislative Thanksgiving 2009 Holiday Update

Join ISPLA and Support Your Industry Through Legislation ISPLA expects very little action from Congress over the Thanksgiving Holiday recess, but for those interested there have been some recent developments in the courts regarding HR218 which may impact the rights of some law enforcement officers and a few colleagues. HR218 is the bill that became the federal Law Enforcement Officers Safety Act allowing active duty and retired LEOs to carry without the need for a license/permit (provided they “qualify” once a year with their carry firearm at their former department)

USA v. Steven Skoien ,7th Circuit Court of Appeals, Chicago on November 18, 2009:  The case involved a man convicted of domestic battery.  His probation officer learned he obtained a hunting permit, then found a shotgun in his truck.  Skoien bagged a deer that morning.  The U.S. Attorney prosecuted him for violating the Lautenberg Amendment.  Skoien was convicted and appealed.  The 7th Circuit reversed the conviction and remanded to the trial court, holding that the prosecution failed to demonstrate how the the Lautenberg Amendment trumped Skoien’s 2nd Amendment rights.  The decision has implications for any law enforcement officer convicted of domestic violence.

In Re Jonathan Wheeler involved a retired law enforcement officer permit appeal.  The New Jersey Appellate Division held that the retired Newark arson investigator did not meet NJ’s definition of a “full-time member of a law enforcement agency” and reversed approval of his permit, but invited him to reapply and argue how he meets the definition of a “retired qualified LEO” under LEOSA.  This case best exemplifies that Wheeler, a pro se should have hired an attorney for assistance.

Some readers may not be aware of the fact that ISPLA officers Peter Psarouthakis, Al Cavasin and Bruce Hulme previously spear headed the efforts of several investigative and security professional associations in the preparation of this profession’s amicus brief filed in the successful U.S. Supreme Court case of District of Columbia v. Heller involving a security officer.

ISPLA will be working throughout the holiday season to protect investigative and security professionals on both the state and federal levels. For the latest in-depth coverage of state and federal legislative issues of concern to Investigative and Security Professionals go to http://ispla.org.

ISPLA wishes you a Happy Thanksgiving!!