Petition to Prevent Off-Duty Police From Bringing Guns Into Bars Is Created

Piscataway, NJ - A Change.org petition has been started for Michael Gaffney, the 37-year-old unarmed Piscataway man who was shot and killed by an off-duty police officer outside a bar last Thursday.

The petition, which organizers say will be sent to Gov. Chris Christie, and 11 New Jersey members of Congress, seeks to make it illegal for off-duty police officers to carry service weapons into any bar or establishment where they intend to consume alcohol.

The law would be named Gaffney's Law, supporters say. So far, 856 people have signed it, including the 15-year-old daughter Gaffney left behind, who wrote, "We need justice for my father."

A fight broke out late in the evening on Thursday, May 12 between the unnamed off-duty Newark officer and Gaffney at Paddy’s Place in Union. The officer fired his weapon and Gaffney died on the sidewalk outside Paddy's Place at 1 a.m., Friday, May 13, according to the Union County prosecutor's office.

As Patch has previously reported, a 2004 federal law, the Law Enforcement Officers Safety Act, allows off-duty police officers to carry their service weapons with them at all times and anywhere in the U.S. However, the law defines a "qualified law enforcement officer" as someone who is "not under the influence of alcohol or another intoxicating or hallucinatory drug or substance."

The Newark Police Department has a policy on what officers should do with their service weapons when off duty, Newark Police Capt. Derek Glenn told Patch. But when asked what that policy was, he referred all questions to the Union County prosecutor's office, which is investigating the case.

Patch repeatedly asked the office of Acting New Jersey Attorney General Robert Lougy if there is a state law or protocol on what off-duty officers should do with service weapons. All questions were ignored.

Here is what Ellen Sona, creator of the petition, wrote:

On May 13th, 2016 Michael Gaffney 37, beloved, father, son, partner, and friend senselessly died at the hands of an off duty officer that had been drinking and engaged in a bar fight, that ended when the officer chose while under the influence, to shoot an unarmed man. We want a law, Gaffney's Law, to make it illegal, punishable by law, for off duty law enforcement to carry service weapons into any bar or establishment where they intend to consume alcohol. Alcohol and guns don't mix. If you cannot drive under the influence, it only makes sense you shouldn't carry under the influence. Michael Gaffney was not armed, he had no weapons. The officer involved knew Michael, they had been to parties and BBQ's together. Yes, they were both drinking, yes, a fight ensued, but never should an intoxicated officer with a gun solve drunken anger with his service weapon. Police officers are to protect and serve, not get served and shoot. Please, I urge you to consider Gaffney's Law. Make it illegal to mix guns and alcohol, so this might not leave another daughter, wife mother, and friends without someone they love. We have decided to try to get justice for Michael by helping create Gaffney's Law. Please help us with our petition to change current Attorney General guidelines to make them enforceable laws that prohibit law enforcement from engaging in alcoholic consumption while carrying. Thank you for considering, Gaffney's Law.