T H E N E W YO R K S TAT E F R AT E R NA L O R D E R O F P O L I C E
Issue No. 1
May/June 2015
Members will be able to order motorcylce plates by June. Visit our website for more information on FOP motorcycle plates.
A Message from Mike Essig,
New York State Fraternal Order of Police
President
We are grateful for our brothers and sisters who attended
police week to remember those who made the ultimate
sacrifice in law enforcement service. In honor of their
comittment to protect and serve, we also pay a very special tribute to the surviving family members who have
been left behind.
There is common wording we say in law enforcement.
All gave some. Some gave All. This ceremony is to honor
those who gave all, those who gave their lives in the line
of duty.
They are heroes not only because of how they died but
because of how they lived. The courage shown during
those last few moments of their lives is a representation of the structure to which this great state
was founded, and continues to build and grow upon.
However, we must not forget to give proper recognition and support to those officers who have
been disabled or seriously injured in the line of duty, for their sacrafices are of equal importance .
Our strength comes from the compassion within our brothers and sisters who demonstrate a relentless desire to make a difference in our communities, and those who support them. May God
Bless you All.
Fraternally,
Mike Essig
New York State Fraternal Order of Police President
THE BADGE NEWSLETTER | 2
We would like to thank everyone who attended the New York State
Fraternal Order of Police Memorial this year, and paid their respects to
the fallen officers that gave their life in the line of duty. We have built
the tradition of engraving their names upon a symbolic wall of courage, honor, and respect so we may never forget the sacrafices that were
made to protect and serve our great state.
Unfortunately, with new names to be added with every year that
passes, it has come time where our wall must be expanded in order to
continue our noble tradition. With your support we shall continue to
honor their families with this ceremony until the day comes when no other man or woman must give their life
serving our communities.
The NYS FOP in conjunction with the NYS FOP Foundation asks for your help in reaching their financial goal so we may properly update this memorial. No contribution is too small. Whether you donate a
brick engraved with your personal message, or wish to make an anonymous donation for the sake of honoring
a loved one, it is all for a good cause. We welcome everyone to take part in joining our community, paying respects to the fallen, and becoming a part of our ever growing family.
T H E N E W YO R K S TAT E F R AT E R NA L O R D E R O F P O L I C E
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A Message from Mike Nied:
New York National Trustee
Brothers & Sisters:
In addition to the reports that I distribute to your lodge trustees at State Board meetings, I’ve been asked by our
State President Mike Essig to prepare a short report to you, the members of the Empire State Lodge Fraternal Order of Police.
What does a National Trustee do? Well, as you may already know, each state as a National Trustee representative
to the Grand Lodge Board of Trustees. My job is to represent New York at those meetings, and to bring back pertinent information to the State Board here in New York for dissemination to the membership. I work with lodges
to assist them in ways to retain and grow their membership, as well as providing information to members regarding Grand Lodge initiatives. I’m a member on the Grand Lodge “Program Development Committee’, and assist
with various State Lodge committee work such as Constitution & Bylaws, National Conference, Special Olympics,
as well as providing guidance to and sometimes personally meeting with out-of-state FOP members visiting New
York. I also work to assist the NYSFOP Foundation with their Great Adventure outing, along with several other
projects.
The Grand Lodge FOP is comprised of over 320,000 members in 44 states nationwide, having labor responsibilities in about 25 of those states. But the remaining non-labor states, including New York, are still part of a national
organization that works for the betterment of all its members and for the law
enforcement profession as a whole.
If you go to the website www.fop.net, you can register your username and password, and see the many legislative
and safety initiatives. These include: the “Rafael Ramos Wenjiun Liu Blue Alert Act”, which would be similar in
implementation to the “Silver Alert”, but for instances when a law enforcement officer is seriously injured or killed
in the LOD….and advocating for legislation that includes an attack against a LE officer be categorized as a “hate
crime” because it targets an officer due to their LE position.
New York State has nearly 16,000 active members; “active” including current and retired LE officers, and approximately 4,000 associate (civilian) members. You may not know this, but in New York, for every LE Officer who is
already an FOP member, there are 3 that are not! We need your help so that your lodge can grow in size and to
make non-members aware of the missed benefits of being an FOP member. Ask your lodge leadership for ways
you can help get the word out, perhaps having ways to refer by e-mail or by carrying paper applications, that way
you’ll be ready when an opportunity arises.
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There are several events coming down the pike that you should try to avail yourselves to:
NYSFOP Foundation
Great Adventure Outing
June 27th Jackson, NJ
NYSFOP Foundation
Family Picnic
July 11th Lido Beach, Nassau
100th Anniversary
Grand Lodge Conference
Aug 10th-13th Pittsburgh, PA
NYSFOP Foundation
Mets Game
Aug 31st Citifield, Queens
Your lodge leadership has more information on all of these events. Get more involved! Reach out to your
lodge…..go to meetings and conferences, offer to help ….they will appreciate it very much, and at the same time
you’ll get to learn more about the Fraternal Order of Police.
If there is any way I can be of assistance to you, don’t hesitate to contact me at [email protected] or (631) 3831310. Stay safe and wear your seatbelts!
Fraternally,
Mike Nied
NY National Trustee
THE BADGE NEWSLETTER | 6
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THE BADGE NEWSLETTER | 7
2015 NYS Fraternal Order of Police Foundation
ANNUAL FAMILY DAY
RETURNS TO
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Saturday June 27th, 2015
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THE BADGE NEWSLETTER | 8
THE BADGE NEWSLETTER | 9
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THE BADGE NEWSLETTER | 11
HOW DOES HR-218
(THE LAW ENFORCEMENT OFFICERS SAFETY ACT)
APPLY TO YOU IN 2015?
By John Comparetto, Immediate Past President Lodge 188
On July 22, 2004, President George W. Bush signed into law the ‘Law Enforcement Officers Safety Act”, commonly known to us as LEOSA or HR-218. It was amended in 2010 and 2013.
The law afforded qualified active law enforcement officers (QLEO) and qualified retired law enforcement officers
(QRLEO) the privilege of carrying a CONCEALED firearm in all 50 states, Washington DC, Puerto Rico and all
U.S. Possessions such as the US Virgin Islands.
The amendments changed the number of aggregate years of service to 10 and eliminated the need to have a pension. This added military and DOD police, Amtrak Police, Federal Reserve Police and the Executive Branch of
the US Government. IN ADDITION, amendments opened the door to part-time, auxiliaries, reserve and volunteer officers, (they must meet the definition to include authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for any violation of law, AND,
has statutory powers of arrest or apprehension; Is authorized by the Agency to carry a firearm, is not subject of
any disciplinary action of the agency which could result in loss of police powers, meets standards, if any, established by the agency which require the employee to regularly qualify in the use of firearms, is not under the influence of alcohol or drugs, and is not prohibited by federal law from receiving a firearm)
In 2013, the amendment was slipped into a DOD bill and did not allow our organizations to scrutinize the
wording. The military wanted the ability to distinguish who was allowed to carry firearms. Hidden within the
amendment was language that now mandated that all QLEOs and RQLEOs carry a photo ID that “identifies
the employee as a police or law enforcement officer of the agency (or for retirees, as having been employed as a
police or law enforcement officer).
Why is this a problem? Because nothing in the law requires agencies to issue a “Retired” ID to their members.
And, now, if they don’t indicate that you were a police or law enforcement officer you do not qualify under HR218.
THE BADGE NEWSLETTER | 12
LETS REVIEW NYPD
Look at your ID Card. Unless your rank is Police Officer, no where does it say that you are or were a police officer. Technicality, maybe. My retired ID Card says LIEUTENANT. Common sense dictates that an NYPD Lieutenant or a Detective, Sergeant, Captain or Chief is or was a police officer. I don’t believe there will be a problem
but again, it only takes one over zealous officer to have you become the test case. Nothing we can do about this
now.
My Retired NJ Chiefs ID Card states the following on the reverse:
The bearer of this card is a duly sworn law enforcement officer and is authorized to carry a firearm in accordance
with New Jersey Title 40 and the Law Enforcement Officers Safety Act, HR-218 (United States Code, Chapter 44
of Title 18) I, of course, worded these even prior to the amendment so as to be as clear as possible (Thanks to my
yearly attendance at the SHEEPDOG ACADEMY)
WHERE CAN’T WE CARRY
No good in federal facilities
No good on federal park land
(But a carry permit is)
No good in privately owned POSTED locations
No good in licensed premises in some states
(Must check local state law)
No good in GUN FREE SCHOOL ZONES
(Note: you cannot be anywhere in the Borough of Manhattan and not be within 1000’ of a school zone)
However, many states Concealed Weapons Permits allow you to carry within these GFSZ.
I recommend that you apply for and carry as many Concealed Weapons Permits as you can. This includes
Florida, Utah and keep your NY Permit. A recent Court ruling in NYS now allows part-time residents to have
a permit. This permit exempts you from GFSZ in NY.
NOTE: YOU ARE NOT COVERED UNDER LEOSA IF YOU ARE UNDER THE INFLUENCE OF ALCOHOL OR
NARCOTICS. Be advised that North Carolina has a law that you cannot carry a firearm with “ANY AMOUNT OF
ALCOHOL IN YOUR SYSTEM
DO I NEED A CONCEALED WEAPONS PERMIT IN NYS IF I CARRY
UNDER HR-218
NO YOU DON’T, BUT In many states you do not need a concealed carry
permit to own or possess a handgun. However, in NY State you can not
legally touch a handgun without a permit. HR-218 would of course exempt
you. But here is the problem. If you let your HR-218 expire, say on July 1,
you would be in criminal possession of a weapon on July 2. You couldn’t
legally go to a range and qualify. WHY PUT YOURSELF IN THIS POSITION. Keep your permit. Plus, why would you want to become overtime
for some rookie cop who has no clue as to why you have no permit.
THE BADGE NEWSLETTER | 13
MUST WE CARRY CONCEALED
I have attended the Sheepdog Academy training on HR-218 for at least the past 7 or 8 years. Steve Mannion, an
Attorney (and now U.S. Magistrate) is the countries leading expert on HR-218) Each year I attempted to argue a
point with him about HR-218. Steve stated that HR-218 requires that you carry “CONCEALED”. He would give
an example of a guy getting out of a car and his sport jacket is caught around his holster/gun and the firearm is now
exposed. Steve said “YOU ARE NOT COVERED BY HR-218”. I argued that I can’t believe the law didn’t cover
that. WELL, a recent court case in NYC (of course) proved me 100% wrong.
A 65 year old retired NJ Deputy was working for a Traffic Management Company following Hurricane Sandy. He
was directing traffic near the city hall area. Each time he raised his arms to direct traffic his yellow vest went up
and his holstered firearm showed. Someone dialed 9-11. NYPD responded and sat across the street videotaping
him. They confronted him. He had his retired ID, his HR-218 qualification card and a copy of the law. For some
reason they brought him in for investigation.They called the Sheriff ’s Dept where he retired from in 1995. No one
knew him so they arrested him (I can’t explain this). His lawyer made a motion to dismiss under LEOSA. The
Judge ruled that he was NOT COVERED BY LEOSA BECAUSE THE WEAPON WAS NOT CONCEALED. He
ended up having to plea to a Misdemeanor or risk 3 1/2 year minimum mandatory. Be careful and make sure its
concealed.
AMMO AND MAGAZINE RESTRICTIONS
You are permitted under HR-218 to carry any ammo not banned by
the US Government. So yes, you can carry hollowpoints in New Jersey.
You cannot carry ammo deemed to be armor piercing by the government.
HR-218 does not exempt us from magazine bans. NY SAFE Act says
that you can only have up to 7 rounds in a magazine not capable of
holding more than 10 rounds. Retired NY COPS ONLY may be exempt from this but only with the firearms that
they carried and qualified with prior to retiring. A Federal Judge in the Buffalo area has a stay on this but many
District Attorneys don’t seem to care. Check State laws that you are traveling to regarding magazine capacity.
WHAT ARE WE DOING TO IMPROVE LEOSA
In 2013 myself, retired Chief Jay Kopstein and retired Sgt. Dave Furman came up with a proposal that I presented
at the National FOP Convention as an Amendment to a Resolution supporting HR-218. The amendment has the
FOP supporting any legislation that would exempt us from Magazine Capacity and Gun Free School Zones.
We are also trying to word additional exemptions to include a less restrictive definition of concealed as well as
our ability to carry on private posted property and not be charged with a gun crime. Hope to get some members
of Congress to write this bill. If I can help you with any matter related to HR-218, I can be emailed at: [email protected] Also, check out Sheepdogacademy.com Try to attend at least one of his trainings.
Stay safe
Fraternally
John Comparetto
Immediate Past President Lodge 188
Chief-Retired
Passaic County Sheriff Dept
Lieutenant- Retired
NYPD
THE BADGE NEWSLETTER | 14
METS
VS.
PHILLIES
MONDAY, AUGUST 31, 2015 at 7:10 PM
Special ticket prices for NYS FOP
members, supporters, friends and
families in reserved seating (with
this order form in advance of the
game) All participants will receive
a Tom Seaver ‘T-shirt-style’ Jersey
Please have check/money
order in no later than
Monday July 27th, 2015
Contact Person:________________________________________
Delivery Address:_______________________________________
City/State/Zip:_________________________________________
Email Address:_________________________________________
Daytime Phone:_________________________________________
Lodge Number:_________________________________________
Special NYS FOP Foundation Pricing
Seating Level
Number of Tickets
Left Field Reserved (field level)
_______________
All tickets will be shipped Certified Mail OR
arrange ticket pick- up options by contacting Steve Palermo
(subject to availability)
Amount
@ $32.00 = __________
Certified Mail Fee = $5.00
TOTAL= __________
Payment Information
Payment must be included by check (payable to NYS FOP Foundation), or money order.
Payment Amount: S________________________________
Mail to: NYS FOP Foundation- Mets Tickets – PO Box 275 – Hicksville, NY 11802-0275
For more information, please visit: www.nysfoundation.org
NYS FOP Foundation is a 501©(3) Charity
Contact: Steve Palermo | 347-203-7065 | [email protected]
THE BADGE NEWSLETTER | 15
NYS FOP State Surgeon’s Column:
For the first column in the new regimen, with the vast possible number of subjects to discuss, I think we should examine one that informs
you what action you should take if you are alone and you think you
are experiencing the early symptoms of a heart attack...You may be
well trained in CPR, but not on yourself...This an entirely different
story...
Your chest is killing you with pain or you feel a squeezing in either
of your armpits + you may have only a few seconds until you pass
out...Now begin a series of deep, harsh, repetitive coughs with a deep
breath in between each cough...You are saving a life! Yours!...You
want the breaths to be as deep as when you are trying to bring up
phlegm...You want the cycle of deep breath + forced cough to take
about 2 seconds each...
The deep breaths push oxygen into the lungs...The coughs put pressure on the heart + push the circulation of blood..You can do this
until either help arrives, you get to a hospital, your heart reverts to
normal rhythm and then you can get to the hospital or your 911 call
responds...You can continue this for minutes...And you live to see another day...
I wish President Mike Essig and his newly
installed board of officers lots of luck...I want
to remind you all that the Surgeon’s Lodge
SA03 is here to help you any and all times.
Gerald Ente, M.D.
Chief Surgeon
2/28/15
THE BADGE NEWSLETTER | 16
New York State Fraternal Order of Police
Scholarship Application - 2015
To be eligible, the student must be the son or daughter of an active and/or associate member who is in good
standing for at least one year. These scholarships will apply to either eighth grade going into ninth grade in
fall 2015 or high school seniors going into their freshman year of college and or trade school in the fall 2015.
All applications must contain an essay of 250 words describing the applicant in their own words and why they
should receive a scholarship. They must also submit proof of enrollment or acceptance for the fall of 2015.
A MAXIMUM OF TWO SCHOLARSHIPS PER SUPPORTING LODGE WILL BE AWARDED
Application must be received by Wednesday, May 27th, 2015
Member’s Name: _______________________________________ Lodge#: ______________
Student’s Name: ______________________________________________________________
Phone (Home): ______________________________ Cell: ___________________________
Address: ____________________________________________________________________
City: _________________________ State: ________________________ Zip: ____________
School to Attend: _____________________________________________________________
Please Mail to:
NYS Fraternal Order of Police
911 Police Plaza
Hicksville, NY 11801
Attn: Scholarship Committee
THE BADGE NEWSLETTER | 17
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Public employees are facing incredible headwinds in our current economic and
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There is a strong debate about whether to switch pension plans into investment
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THE BADGE NEWSLETTER | 18
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Contact Information
Empire State Lodge
911 Police Plaza
Hicksville, NY, 11801
Call: 1-888-NYS1FOP
Email: [email protected]
Visit our website: www.nysfop.org/
follow us on Twitter @NYS_FOP
like us at Facebook.com/nys.fop
TO PRINT OUT EVENT FLYERS CLICK HERE
T H E N E W YO R K S TAT E F R AT E R NA L O R D E R O F P O L I C E
THE BADGE NEWSLETTER | 20