Saturday, September 17, 2016

High Ranking Retired Chicago Officer Benefits from Carry Reform

Deputy Chief of Detectives Chicago PD, Fred Coffee

Image from fox32chicago.com

A retired Deputy Police Chief of Detectives in Chicago should be glad that gun carry law reform has been passed.  He was shot and had to return fire.  He wounded his 21-year-old assailant, who was later arrested.  From the chicagotribune.com:
Officers walked in and out of the park's stadium south of 82nd, where a retired deputy police chief had exchanged gunfire with a robber during an exercise session for senior citizens about 9:30 a.m. Wednesday.

The retired officer, Fred Coffey, 72, was hit in the arm. The robber, 21, suffered a more serious wound in the lower body, according to police. Both were stabilized at hospitals, but police were releasing few other details.

McCarty said a person who appeared shot hobbled out to a waiting car and jumped in. He was later arrested and taken to Advocate Christ Medical Center in Oak Lawn. The retired officer went to the University of Chicago Medical Center.
Before the national Law Enforcement Officer Safety Act (LEOSA) was passed,  retired officers in Chicago did not have an option to legally carry, as there were no carry permits issued in Illinois. In Chicago, you could not obtain a permit to own a handgun.  LEOSA restores carry rights to retired officers across the United States and its possessions.

It may be that a retired officer in Chicago would never be arrested for carrying a concealed weapon in Chicago... but that does not appear to be codified in law. 

Now that carry reform has passed, a retired Chicago officer has the option of obtaining an Illinois shall issue concealed carry permit. They also have the option of obtaining a permit to carry under LEOSA.

The Associated Press attempted to turn the shooting into an argument for more infringements on the Second Amendment:

Chicago Police Superintendent Eddie Johnson said in a statement that gun offenders "do not discriminate." He added gun offenders' reckless conduct and lack of respect puts families, public servants and anything that stands in their way at risk.
The retired Deputy Chief of Detectives was shot in the shoulder, took cover behind a pillar, and returned fire, hitting his assailant in the inner thigh.  He had never been shot or shot anyone while on the force. From fox32chicago.com:

Former Deputy Chief Coffey, who served 40 years on the force, has never had to shoot anyone and was never shot himself, according to his son.
Second City Cop, an interesting source for gossip about what is going on in the Chicago PD, had this bit: 
Superintendent "Special Ed" Johnson announced that he has stripped former Deputy Chief Fred Coffey of his star and retirement powers pending the outcome of an investigation into yesterday's shooting.
This could be satire, comparing what happens to a retired Deputy Chief of Detectives, vs an ordinary officer.  But with Second City Cop, you cannot be sure.  The site has marvelous insights into the Chicago PD.

The poster at Second City Cop refers to "retirement powers".  Is that something like "spider powers" for Spider Man?  Maybe they are considering LEOSA? This is the Chicago PD.  Meanings in Chicago might be different than in other places.

A retired police officer is a citizen, just as any other citizen.  There was a Ninth Circuit decision to that effect. Here is the provision of the Silveira v. Lockyer case. From the decision SILVEIRA v. LOCKYER(pdf):

C. The AWCA’s Provisions Regarding Off-Duty Police Officers Do Not Offend The Fourteenth Amendment; However, There Is No Rational Basis For the Retired Officer Exemption. Plaintiffs contend that the privileges that are afforded to off-duty and retired peace officers under the AWCA violate the Equal Protection Clause of the Fourteenth Amendment to the Constitution. Specifically, they contend that the pertinent provisions afford benefits to off-duty and retired officers that are unavailable to the plaintiffs, and that there is no rational reason that they and other law-abiding citizens should be treated differently than off-duty and retired peace officers.53
Silveira v. Lockyer has not been used to prevent police officers from having special privileges.  The Ninth Circuit decision does not apply in Chicago.


©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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