Sunday, March 4, 2012

Sheepdog Exclusive: LEOSA Tested In Hawaii (This Ain't Kansas)

For those who have attended a Sheepdog Academy seminar or webinar, you know that Hawaii is not the most LEOSA friendly state in the union.  Handgun carry permits are not a realistic option in Hawaii, so for retired LEOs and all off-duty LEOs other than active Federal LEOs who carry off-duty under Federal agency authority, LEOSA is the only statutory carry authority in Hawaii.  Hawaii bans ammunition magazines above ten rounds and requires handgun registration which is preempted by LEOSA. 
In November 2011, we wrote about off-duty Diplomatic Security Special Agent Chris Deedy who was charged by Hawaiian authorities in an alleged fatal shooting inside a McDonalds in Waikiki, Hawaii.  Deedy's nose was reportedly broken by the aggressor prior to the shooting which was captured on video and is expected to argue self-defense.  Since Agent Deedy carried both under LEOSA and his agency’s authority in Hawaii, his case is a mixed LEOSA case.  However, Mark Hunsaker, a potential witness in the Deedy case has tested LEOSA in Hawaii.  No, this was not a defense gimmick.  This was valiant conduct which embodies why Congress enacted H.R. 218-LEOSA.
Hunsaker is a licensed accountant in Hawaii and consults for Federal agencies in criminal prosecutions against accountants.  He was not, however, consulted by the Deedy defense team for his accounting skills.  Hunsaker is also a use of force expert.  When he is not preparing 1040 tax forms or assisting the FBI, he moonlights one week per month on the mainland as a deputy sheriff in Chautauqua County, Kansas.



Deputy Sheriff Hunsaker in Kansas
 On February 29, 2012, Hunsaker was at a local park when he observed what appeared to be a fight between two men.  One man had a hammer and the other a meat cleaver.  Hunsaker was armed with a .45, a cell phone, and his wits.
He took cover, dialed 9-11, and informed the communications center that he was an off-duty officer, described the scene, and requested uniformed assistance.  Before the local police arrived, Hunsaker was able to stop the fight from a safe distance.  Hunsaker then approached the man with the hammer, he had a wound on the back of his head.  "Then he started to go back with the hammer, back towards the guy with the meat cleaver."  Hunasker ordered the man with the hammer to stop, which he did.  That suspect then fled.
Hunsaker did not pursue, instead he kept sight of the man with the cleaver and waited for the local police.  A lone officer was first to respond and Hunsaker assisted as the officer approached and ordered the man to drop the cleaver.  The suspect was non-compliant and was subdued by additional responding officers.
Hunsaker likely saved one or both men from killing each other.  Hunsaker said it best, "I'm not there to enforce laws," "I'm in there to stop great bodily harm or death."  This is precisely the sort of conduct Congress hoped for when it enacted LEOSA in 2004 and expanded its coverage in 2010.  800,000 qualified law enforcement officers and perhaps one million qualified retired LEOs with authority to carry concealed firearms nationwide to stop violent crime and terrorists who prey upon our society.
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We thank Federal LEO Bullock for alerting us to this story.  If you know of a LEOSA news story or pending case, let us know so we can help inform others.
An active off-duty officer who was recently arrested for unlawful possession outside his jurisdiction called us in February 2012 and reported that he had already spent $25,000 in legal fees and wished he had taken one of our classes before he was arrested.  That officer had been on our contact list for two years and never attended any of our seminars or webinars.  Was he too cheap to spend a few dollars or did he think he already knew all he had to?  Who knows but that profile no doubt sounds like an active or retired LEO that you know.
Compare his story to the retired LEO alumni from one of our seminars who mistakenly drove into Canada with a backup handgun buried in his trunk.  He had no problems leaving the country, but was detained when he crossed the border back into the U.S.  Well trained U.S. CBP officers found the handgun.  The stunned retired LEO had forgotten about it, and when questioned by CBP said, I have my “grand jury kit” and can explain.  One of the CBP officers responded, ‘you must have taken the Sheepdog Academy LEOSA seminar.’ The retired LEO was then allowed to continue on with his journey and very happy that $50 spent on our seminar saved him a night in jail and thousands of dollars in legal fees.
We cannot guarantee that outcome in every case, but can guarantee we know more about LEOSA than you do and can help you reduce your risk of arrest or risk of being sued for carrying off-duty or as a retiree.  Help us help you by signing up today for our DVD and/or seminar materials booklet. 
Meanwhile, we will be presenting live LEOSA seminars in Newport News, Virginia on 28 April 2012 and in Las Vegas, Nevada on 24 May 2012. “Like us” on Facebook and see our website for information on course registration: http://hr218leosa.com/?page=courses

2 comments:

  1. The country has gone nuts. State Politicians saw a way to jump on board of a Federal Law (LEOSA) and began, as they still do, to further require a State LEOSA so they could reap additional revenue only to learn that it cost them more money, manpower and administrative costs than they have reaped. Now there are 12 states including the 4 that all ready recognize the 2nd Amendment and the Federal LEOSA which have legislation pending to do away with Carry Concealed Permits, that should never have been enacted by state law when the Federal Law all ready covered both regular citizens, not otherwise exempt, but provided further for Qualified Retired LEO's too. When will the politicians wake up and quit making new laws before they revise or eliminate stupid laws that they have created and stop wasting money on needless further legislation that only creates more problems than they solve, while all the while filling their own pockets with money from special interest groups instead of representing their constituents as they were elected to do?

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  2. Hawaii has a state law that also requires LESOA qualified officers to show up at the police department with a certain number of days of entry into the state, etc. etc. This of course is trying to pre-empt the law and is wrong, but it just makes it more of a hassle for LESOA officers. It reminds me of certain states that continued to try to stop minorities from voting after the Civil War.

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