Dear COBA Members and Retirees;

On June 23rd, the US Supreme Court ruled that a New York State law, which had been on the books for more than a century, requiring residents to demonstrate “proper cause” for carrying a concealed handgun in public for self-defense, was unconstitutional. Not only did the High Court strike down this law, but it also established a new legal test where gun laws now must be based on the “text, history and tradition” of the Second Amendment.

As expected, this ruling created outrage, indignation and a flurry of knee jerk reactions from New York State's liberal progressive leadership in Albany, whose only objective is to advocate on behalf of criminals in this State, as opposed to protecting the safety and well being of law abiding citizens, legal gun owners and Law Enforcement Officers.

As expected, just over a week after the Supreme Court ruling, New York Gov. Kathy Hochul signed a completely one-sided measure into law that, among other things, establishes a strict process to obtain a concealed carry permit and severely restricts the locations where people can carry firearms, including in government buildings, private businesses without the owners permission, subways, buses, even open air Times Square in NYC. Gov. Hochul called the Supreme Court decision “a monumental setback", when she signed the new State law that once again severely limits where a law abiding citizen, with a legal gun permit, can carry a concealed weapon in New York State.

It is widely speculated that these new state gun restrictions won’t pass the new standard set by the Supreme Court. There will, no doubt, be countless new law suits challenging these new state gun laws not only in New York but across the country.

AS FOR WHAT THE NEW STATE LAW MEANS FOR NASSAU COUNTY CORRECTION OFFICERS BOTH ACTIVE AND RETIRED AS NYS CERTIFIED PEACE OFFICERS:

Two main problems have arisen under the new State Law which you can look up yourself under New York State Senate Bill # S 51001.

In the text of the law, Active Police Officers and Active Peace Officers are exempt from any restrictions on where to "carry" a concealed weapon.

Further in the text, "Retired Police Officers" are exempted from the new law and its restrictions on where to carry in New York State, namely the newly created "no-go zones".

Retired Peace Officers did not receive the same exemption.

This has created widespread speculation that retired Peace Officers, may not be treated as retired law enforcement when obtaining a permit and would be restricted from carrying a weapon in the restricted zones.

New York State Legislators have claimed that retired Peace Officers would be exempted as long as we have a retired permit, job ID and are HR-218 certified in retirement. In our opinion, and that of numerous other Peace Officer organizations in NYS, many retired Peace Officers are not HR-218 certified, and the Federal LEOSA act does not entitle retired Peace Officers to buy or sell weapons. Only the permit would do that. Are we to be considered retired Law Enforcement or just John Q. Citizen with a permit? Remember, John Q. Citizen would be restricted in "no go zones".

COBA and numerous other Peace Officer representative organizations have our attorneys pouring over the Supreme Court Decision, the new State law, an opinion from the National FOP that we believe may be flawed and the Federal LEOSA Act (HR218). Even the NRA acknowledges that LEOSA does not qualify for the exemptions some state permit holders benefit from in terms of carrying concealed firearms.

We do not want anyone unknowingly carrying a concealed weapon in violation of this new law's restrictions thinking LEOSA protects them.

COBA will keep you up to date with this issue as we learn more information.

In an additional email I will forward you all a petition that was formulated by the representative of several Peace Officer organizations, including New York City Corrections. I will explain that process and provide a further explanation and direction with that email. In the meantime, stay safe.

In Unity;

Brian Sullivan, COBA President