LEOSA for Correction or Court Officers
Donation protected
Hello active and/or retired officers, friends and/or family,
Like other law enforcement officers, Cook County corrections and court officers put their lives on the line when they go to work every day. Moreover, an unfortunate but undeniable reality of our jobs is that we are often subject to hostility from inmates who choose to direct their pent-up rage at us rather than take accountability for their actions. Because these inmates are eventually released back into our communities, it is a documented problem—experienced personally by many of us—that we may encounter these resentful individuals in the street in our off-duty lives or while we are living out our retirement. The dangers presented by such encounters are obvious.
For these reasons, the U.S. Congress passed the Law Enforcement Officers Safety ACT (LEOSA), a federal law which gives us a federal law right to carry a concealed weapon nationwide while off-duty or in retirement. While federal courts around the country have tried in various ways to limit the usefulness of this law—and prevent it from applying to corrections and court officers—a group of corrections officers in the District of Columbia recently won a historic lawsuit that confirmed for the first time that: (1) LEOSA applies with full force to corrections and court officers; (2) LEOSA gives corrections and court officers an individual right that can be enforced through litigation under the civil rights laws; (3) LEOSA, in the words of the most important appellate court in the country, D.C. Court of Appeals, “contemplated no state reevaluation or redefinition of [LEOSA’s eligibility] requirements.” The federal law decides who is eligible to carry a weapon under LEOSA, not the local authorities.
The Illinois Law Enforcement Training and Standards Board (“the Board”) and the Sheriff of Cook County, however, have openly flouted these legal principles by adopting a different set of eligibility criteria for the Illinois Retired Officer Concealed Carry (IROCC) Program. Under the IROCC criteria, corrections and court officers are not considered “law enforcement officers” eligible to carry concealed weapons.
We have been discussing these issues with Aaron Marr Page, the attorney who brought and won the D.C. court case (the “Duberry case”). He has investigated the situation in Cook County and surrounding counties and he is prepared, if we can retain his services, to advise and assist us in challenging the improper actions of the Board and the Sheriff or in establishing a system to protect our LEOSA rights. Mr. Page has advised me that there are several potential approaches and the estimated legal costs of each:
Litigation. Mr. Page would continue to investigate the legal situation in Cook County and surrounding counties and consider whether a new lawsuit against the Board/Sheriff is likely to succeed. (An earlier lawsuit failed in federal court, but in Mr. Page’s view it was not properly litigated.) The legal research would cost approximately $2,000 and a lawsuit (the most expensive approach) would cost between $15-30,000.
Lobbying. Mr. Page would engage select policy-makers to inform them of the results of the Duberry case and the requirements of the LEOSA law. He would also consider engaging the broader public by discussing the unfairness of the Board/Sheriff’s actions with the media. These efforts would likely cost between $2-5,000.
Non-IROCC Carry. An important part of LEOSA is that it allows eligible officers to carry a concealed weapon along with retirement ID and a range qualification certificate, even without state/local authorization. In other words, corrections officers can carry even without an IROCC card. However, without an IROCC card, there is a risk of encountering local police that don’t understand how LEOSA works and might even arrest an officer for possession of a prohibited weapon. If we chose not to pursue litigation, Mr. Page could assist in preparing materials to help corrections and court officers carry without an IROCC card, including:
Prepare a checklist for officers considering whether to carry a weapon under LEOSA without an IROCC card.
Prepare a legal letter that officers could carry with them along with the LEOSA-required documents.
Establish a “hotline” for officers to call if they run into problems carrying without an IROCC card.
[Less expensive]: Prepare a list of local attorneys who have been briefed on the issues and are ready to defend any officer (at his or her own expense) who runs into problems.
[More expensive]: Establish a “legal defense fund” for any officer who runs into problems carrying without an IROCC card.
These efforts (without the legal defense fund) would likely cost between $5-10,000. A legal defense fund would need $10,000 to get started.
We are now seeking donations to pay a retainer to Mr. Page for him to begin the work described above. As currently structured, I would serve as the main point of contact (and “client”) to receive Mr. Page’s advice and direct his efforts in light of that advice. Of course, I would always be available to discuss the possible approaches with any other interested officers. If there is significant interest from other officers, we could consider forming a committee to direct Mr. Page’s efforts. I will also maintain a simple but clear accounting of all donations received and how the money is spent that I will make available to any interested person.
It is important to emphasize that we are requesting informal donations to an effort that (at least for now) will be managed by me personally. Because I will direct the funds to Mr. Page, I will serve as the only “client” of Mr. Page. Your donation is not a direct retainer fee and making a donation will not make you a client of Mr. Page and will not entitle you to individually direct his efforts or use his time. Because there is no expected recovery of damages or other money in this situation, your donation is a pure donation and cannot be returned to you. However, I emphasize again that I will always be available to donors personally and informally to account for the money and how it is being spent.
The more you can donate, the quicker we can get Mr. Page working and start moving toward a situation where we can hopefully exercise our LEOSA concealed-carry rights. As you can see from the numbers above, we really need to raise $10-30,000 in order to have all the options open to us. However, we have a large population of officers to work with (over 3000 active Cook County corrections officers, 1000 active Cook County court services officers, 1000 retirees from both departments, and untold family, friends and colleagues) so we are optimistic that we can reach our goal if everyone pitches in.
We hope that we can count on you supporting our efforts by donating.
Like other law enforcement officers, Cook County corrections and court officers put their lives on the line when they go to work every day. Moreover, an unfortunate but undeniable reality of our jobs is that we are often subject to hostility from inmates who choose to direct their pent-up rage at us rather than take accountability for their actions. Because these inmates are eventually released back into our communities, it is a documented problem—experienced personally by many of us—that we may encounter these resentful individuals in the street in our off-duty lives or while we are living out our retirement. The dangers presented by such encounters are obvious.
For these reasons, the U.S. Congress passed the Law Enforcement Officers Safety ACT (LEOSA), a federal law which gives us a federal law right to carry a concealed weapon nationwide while off-duty or in retirement. While federal courts around the country have tried in various ways to limit the usefulness of this law—and prevent it from applying to corrections and court officers—a group of corrections officers in the District of Columbia recently won a historic lawsuit that confirmed for the first time that: (1) LEOSA applies with full force to corrections and court officers; (2) LEOSA gives corrections and court officers an individual right that can be enforced through litigation under the civil rights laws; (3) LEOSA, in the words of the most important appellate court in the country, D.C. Court of Appeals, “contemplated no state reevaluation or redefinition of [LEOSA’s eligibility] requirements.” The federal law decides who is eligible to carry a weapon under LEOSA, not the local authorities.
The Illinois Law Enforcement Training and Standards Board (“the Board”) and the Sheriff of Cook County, however, have openly flouted these legal principles by adopting a different set of eligibility criteria for the Illinois Retired Officer Concealed Carry (IROCC) Program. Under the IROCC criteria, corrections and court officers are not considered “law enforcement officers” eligible to carry concealed weapons.
We have been discussing these issues with Aaron Marr Page, the attorney who brought and won the D.C. court case (the “Duberry case”). He has investigated the situation in Cook County and surrounding counties and he is prepared, if we can retain his services, to advise and assist us in challenging the improper actions of the Board and the Sheriff or in establishing a system to protect our LEOSA rights. Mr. Page has advised me that there are several potential approaches and the estimated legal costs of each:
Litigation. Mr. Page would continue to investigate the legal situation in Cook County and surrounding counties and consider whether a new lawsuit against the Board/Sheriff is likely to succeed. (An earlier lawsuit failed in federal court, but in Mr. Page’s view it was not properly litigated.) The legal research would cost approximately $2,000 and a lawsuit (the most expensive approach) would cost between $15-30,000.
Lobbying. Mr. Page would engage select policy-makers to inform them of the results of the Duberry case and the requirements of the LEOSA law. He would also consider engaging the broader public by discussing the unfairness of the Board/Sheriff’s actions with the media. These efforts would likely cost between $2-5,000.
Non-IROCC Carry. An important part of LEOSA is that it allows eligible officers to carry a concealed weapon along with retirement ID and a range qualification certificate, even without state/local authorization. In other words, corrections officers can carry even without an IROCC card. However, without an IROCC card, there is a risk of encountering local police that don’t understand how LEOSA works and might even arrest an officer for possession of a prohibited weapon. If we chose not to pursue litigation, Mr. Page could assist in preparing materials to help corrections and court officers carry without an IROCC card, including:
Prepare a checklist for officers considering whether to carry a weapon under LEOSA without an IROCC card.
Prepare a legal letter that officers could carry with them along with the LEOSA-required documents.
Establish a “hotline” for officers to call if they run into problems carrying without an IROCC card.
[Less expensive]: Prepare a list of local attorneys who have been briefed on the issues and are ready to defend any officer (at his or her own expense) who runs into problems.
[More expensive]: Establish a “legal defense fund” for any officer who runs into problems carrying without an IROCC card.
These efforts (without the legal defense fund) would likely cost between $5-10,000. A legal defense fund would need $10,000 to get started.
We are now seeking donations to pay a retainer to Mr. Page for him to begin the work described above. As currently structured, I would serve as the main point of contact (and “client”) to receive Mr. Page’s advice and direct his efforts in light of that advice. Of course, I would always be available to discuss the possible approaches with any other interested officers. If there is significant interest from other officers, we could consider forming a committee to direct Mr. Page’s efforts. I will also maintain a simple but clear accounting of all donations received and how the money is spent that I will make available to any interested person.
It is important to emphasize that we are requesting informal donations to an effort that (at least for now) will be managed by me personally. Because I will direct the funds to Mr. Page, I will serve as the only “client” of Mr. Page. Your donation is not a direct retainer fee and making a donation will not make you a client of Mr. Page and will not entitle you to individually direct his efforts or use his time. Because there is no expected recovery of damages or other money in this situation, your donation is a pure donation and cannot be returned to you. However, I emphasize again that I will always be available to donors personally and informally to account for the money and how it is being spent.
The more you can donate, the quicker we can get Mr. Page working and start moving toward a situation where we can hopefully exercise our LEOSA concealed-carry rights. As you can see from the numbers above, we really need to raise $10-30,000 in order to have all the options open to us. However, we have a large population of officers to work with (over 3000 active Cook County corrections officers, 1000 active Cook County court services officers, 1000 retirees from both departments, and untold family, friends and colleagues) so we are optimistic that we can reach our goal if everyone pitches in.
We hope that we can count on you supporting our efforts by donating.
Organizer
Marcus Hargrett
Organizer
Chicago, IL