2008), the defendant, a Coast Guard reservist, was charged with the crime of Criminal Possession of a Weapon in the Second Degree after a loaded handgun was found in a compartment underneath the seat of the vehicle in which he was traveling. Reliance on scuttlebutt surrounding qualification requirements and failing to recognize LEOSA's preemptive authority over state law can be costly. This problem is only compounded by the fact that LEOSA does not bestow either an explicit right to obtain the required photographic ID or a federal remedy for an agency's failure to issue one. LEOSA is clear that QRLEOs must meet "the standards for qualification in firearms training for active law enforcement officers as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State." While some states do afford NRA Law Enforcement Certified Instructors with the qualification to perform this test to retired officers, most states do not. Diaz sued for a violation of his civil rights, Diaz v. While enacted in an effort to limit the ability to qualify for LEOSA to only those military and DOD personnel that served in a police or law enforcement billet, this change will likely cause substantial difficulties for many non-DOD law enforcement officers that already have significant problems obtaining the required identification cards from their agencies, and especially for those who qualify but do not hold, or never held, the title of police or law enforcement officer. Highlighting the fact that "Congress made clear that the term 'firearm' 'has the same meaning' as in 18 U. As most retirees unable to qualify with the department or agency they separated from are well aware, a cottage industry of instructors claiming to posses the ability to perform LEOSA qualifications has emerged.The health of the Indian economy is closely linked to that of the agricultural sector.Agriculture constitutes about 22 % of the GDP of the country and hence a drop in agriculture production by 4.5 % will necessarily translate as 1 percentage point drop in GDP. There are several demand and supply side linkages that are affected by the changes in agricultural production.From failing to update their document after a divorce, to forgetting to name a beneficiary, such financial fumbles can force future generations to surrender too much to Uncle Sam — or worse, deny them their rightful inheritance.“It happens more often than you’d think,” says CFP professional Joel Larsen, principal with Navion Financial Advisors in Davis, California.Although the Bankruptcy Code provides for a stockbroker liquidation proceeding (11 U. If the SIPC is unable to arrange the accounts' transfer, the failed firm is liquidated. In 1938 Congress enacted section 60(e) of the Bankruptcy Act creating a single and separate fund concept to minimize losses to customers by giving them priority over claims of general creditors. Because the fund was normally inadequate, however, customer losses continued. The cash and securities customers that had deposited with these failed firms were dissipated or tied up in lengthy bankruptcy proceedings. Among them are the Securities and Exchange Commission (hereinafter referred to as SEC), various securities industry self-regulatory organizations, and the SIPC. The SIPC fund, which constitutes an insurance program, is authorized under 15 U. An SIPC trustee, on the other hand, is required to distribute securities to customers to the greatest extent practicable in satisfaction of their claims against the debtor. § 741 et seq.), it is far more likely that a failing brokerage will find itself involved in a proceeding under the Securities Investor Protection Act of 1970 (SIPA) (15 U. Typically, when a brokerage firm fails, the Securities Investor Protection Corporation (SIPC) arranges the transfer of the failed brokerage's accounts to a different securities brokerage firm. Before 1938, little protection existed for customers of a bankrupt stockbroker unless they could trace cash and securities held by failed stockbrokers. Congress designed the SIPA to apportion responsibility for carrying out the various goals of the legislation to several groups. § 78ddd(a), and assessments against members are authorized by 15 U. If the fund should become inadequate, the SIPA authorizes borrowing against the U. The essential difference between a liquidation under the Bankruptcy Code and one under the SIPA is that under the Bankruptcy Code the trustee is charged with converting securities to cash as quickly as possible and, with the exception of the delivery of customer name securities, making cash distributions to customers of the debtor in satisfaction of their claims. The trustee is required to return customer name securities to customers of the debtor (15 U.
Barbusin, a special police officer of the District of Columbia Protective Services Police Department, asserted LEOSA protection following charges stemming from the alleged illegal possession of an assault weapon in the District. Even though Booth was off duty at the time of his arrest and did not possess agency authority to carry while off duty, the Court found that Booth's duties in the Coast Guard, which were defined "as the prevention, detection, [and] investigation of violations of the law" as well as his "authority and duty to arrest violators" and qualification to carry a firearm, despite its time and place restrictions, qualified him for LEOSA and exempted him from prosecution under New York State Law. This issue has been challenged multiple times in state court and the denying agency has always prevailed; first, in the 2007 case of Mc Kinley v. 06-C-376, and then again in the 2010 cases of Moore, et al. Accordingly, many individuals performing LEOSA qualifications do not possess the authority to do so.However, because of a failure to remain consistent with the language used in both parts of the statute, those without arrest authority are unable to qualify upon separation. Why then has this not become mandated for city agencies to issue these ID's?While many agencies argue that only full-time officers qualify for the privileges afforded by LEOSA, the plain language of the statute and case law interpreting it prove otherwise. How can this provision apply to those that have seperated with less then 20 but greater then10 years of service get an ID?Forgetting to update estate-planning information following a divorce, death of the beneficiary or remarriage is one of the most common blunders when it comes to beneficiary forms.Your beneficiary form should be reviewed and updated after every life event, says Neil Brown, CFP professional and CPA with Burkett Financial Services in West Columbia, South Carolina. “The IRA beneficiary form overrides your will,” says Brown.