When Is A Girlfriend ‘Similarly Situated’ To A Spouse?

Section 922(g)(9) of Title 18 of the United States Code makes it a felony for an individual who has been convicted of a “misdemeanor crime of domestic violence” to possess a firearm. At the time the law was enacted, only about a third of the states had a criminal statute that specifically proscribed domestic violence, and domestic abusers were usually pros­ecuted under assault and battery laws. To deal with…

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PTSD Retirement And Carrying Weapons

A New Jersey detective identified in the Court’s opinion only as “A.A.” was employed by the Mercer County Prosecutor’s Office from 2003 to 2018. In May 2017, A.A. was involved in a shooting incident while serving a warrant. After two doctors diagnosed him with PTSD, A.A. filed an application for accidental disability retirement benefits. Based on its review of A.A.’s medical records, the County’s Medical Review Board concluded that…

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‘Tyrant’ Sheriff Subject To Recall

By many accounts, the tenure of Benton County Sheriff Jerry Hatcher in Washington had been a tumultuous one. As described by the Washington Supreme Court, “During his short reign as sheriff, Hatcher created a culture of control that led to a hostile work environment for many, if not all, of his employees.” In January 2020, the Benton County Deputy Sheriff’s Guild wrote a letter expressing no confidence in Hatcher….

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No Due Process Right To ‘Retired Officer Handgun License’

Joseph Oquendo was a detective with the NYPD. Before he retired, Oquendo was arrested and charged with DWI. While the criminal charges were pending, NYPD denied Oquendo’s anticipatory application for a retired police officer handgun license. Had one been issued, Oquendo could have legally possessed a concealed handgun within New York City. Though a jury acquitted Oquendo of the criminal charges, NYPD opened an internal investigation into the circumstances…

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Change in Firearm ‘Loaner’ Policy Negotiable

The International Union of Police Associations (IUPA) represents approximately 1,300 deputies and sergeants employed by the Broward County, Florida, Sheriff’s Department. The Department requires its sworn employees to carry firearms while on duty and the Sheriff encourages them to carry backup firearms. The Department does not provide firearms to the deputies to carry while on duty. An approved duty firearm, extra magazines, a secondary holster and night sights cost…

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