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Society of Former Special Agents of the FBI, Inc.

February 27, 2013

Honorable Dean G. Skelos
Majority Leader
NYS Senate

Re: NY SAFE ACT 2013 – Request for Exemption S2230 and A2388

Dear Senator Skelos:

This request for urgent action is submitted by the Society of Former Special Agents of the Federal Bureau of Investigation, Inc. (SFSAFBI), an association of almost 8,000 retired FBI Special Agents that was formed and incorporated in 1937 in the state of New York.

With passage of the New York Secure Ammunition and Firearm Enforcement (SAFE) Act of 2013, it appears that there are several unintended and unanticipated consequences which should be subject to chapter amendment, especially as it relates to the Law Enforcement Officers Safety Act (LEOSA), Public Law 108-277, codified as 18 USC 926B and 926C and referred to as HR 218. This law allows for law enforcement officers and retired law enforcement officers, with certain qualification restrictions, to carry a concealed firearm in the United States, regardless of state or local laws with certain exceptions. The seven round magazine limitation provision in the recently passed New York state law will severely limit the firearm that these officers will be allowed to carry in New York State.

The officers that carry under the provisions of the LEOSA have undergone extensive training in firearms and quite often carry the weapon that served as their service weapon. Many have prior military and other enhanced professional firearms training and experience, as well as their law enforcement training. They all must annually meet at least one state’s law enforcement firearms qualification standards and if a former officer, left employment in good standing. A number of these officers work in security and investigative professions wherein they must be armed to perform their duties. Additionally at a time when public attacks are not uncommon, armed and trained law enforcement officers that carry under the provisions of LEOSA are often the first line of defense for the American populace.

To handicap these professionals with an arbitrary seven round limitation puts a dangerous restriction on their ability to confront and neutralize heavily armed and hostile individuals and protect the American public.

While it is understood that these officers could carry additional magazines, reactive time will be significantly hampered by the reload process. Such a delay will provide an opportunity for the subject to take the life of this officer and continue the public carnage.

It should also be noted that weapon manufacturers are not expected to retool to accommodate the New York State restriction. This places a significant economic penalty on these officers in New York state, as well as surrounding states that carry in New York, as their existing weapons that they are most familiar with, will be deemed illegal.

The Society of Former Special Agents of the FBI respectfully requests your support for an exemption to the seven round magazine limitation for officers covered under LEOSA (HR 218.) We would also appreciate the opportunity to meet personally with you on this important matter.


Alfred W. Scudieri

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