U.S. SENATOR PATRICK LEAHY

Senate Passes Leahy-Led Initiative
That Helps Off-Duty Police Protect Public

[WASHINGTON (Thursday, July 8) – A measure co-authored by U.S. Senator Patrick Leahy (D-Vt.) that allows off-duty and retired police officers to carry firearms across state lines for public safety and self-defense purposes now has cleared the House and Senate and goes to the President’s desk to be signed into law.  Leahy said the President will sign the bill.  The ranking Democratic member of the Senate Judiciary Committee, Leahy co-authored the Senate’s version, the Campbell-Leahy Bill, and has led the efforts to win its approval by the Senate.  The new law will allow interstate authorization for certain off-duty and retired officers who meet safety criteria to carry firearms across state lines when they travel.  The bill passed by the Senate late Wednesday was a House companion bill to the Leahy measure.  Leahy’s statement on the passage of the legislation is below, along with a news backgrounder on the bill.]

 ____________________________

Mr. President, I am pleased that the Senate is taking up and passing today the “Law Enforcement Officers Safety Act,” H.R. 218, which was passed overwhelmingly by the House last month by voice vote.  I have waited a long time to see this action taken.

I want to pay special thanks to Congressman Randy “Duke” Cunningham, the author of this bill, and my good friend Senator Campbell, with whom I cosponsored the Senate companion bill, S. 253, for their leadership and fortitude while negotiating this legislation.  Without their perseverance and commitment, passage of this bill would not have happened.  In fact, Representative Cunningham has been tirelessly working for over a decade to push this legislation and I commend him for his dedication to making our communities safer and providing better protection for our law enforcement personnel.

During his time in the Senate, Senator Campbell has been a leader in the area of law enforcement and brings with him invaluable experience.  As a former deputy sheriff, he knows the difficulties and dangers law enforcement officers face due to the patchwork of conceal-carry laws in State and local jurisdictions.  He and I have worked together on several pieces of law enforcement legislation, such as the Bulletproof Vests Partnership Grant Acts of 1998, 2000 and 2003.  It has been a privilege working with him on our bipartisan Law Enforcement Officers Safety Act.

Law enforcement officers are never “off-duty.”  They are dedicated public servants trained to uphold the law and keep the peace.  To enable law enforcement officers nationwide to be prepared to answer a call to duty no matter where, when or in what form it comes, I am proud to join Senator Campbell and 69 other cosponsors, including Judiciary Chairman Hatch, Democratic Leader Daschle, Assistant Democratic Leader Reid, Majority Leader Frist and Assistant Majority Leader McConnell, on the Senate version of the “Law Enforcement Officers Safety Act,” S. 253, which was reported out of the Senate Judiciary Committee in March 2003 by a vote of 18-1.  Both H.R. 218 and S. 253 will permit off-duty and retired law enforcement officers to carry a firearm and be prepared to assist in dangerous situations.

These bills are strongly supported by the Fraternal Order of Police (FOP), the National Association of Police Organizations (NAPO), the Federal Law Enforcement Officers Association (FLEOA), the International Brotherhood of Police Officers (IBPO), the Law Enforcement Alliance of America and the National Law Enforcement Council.

I was honored to work closely on this measure with the former FOP National President, Lieutenant Steve Young, whose death last year was a sad loss for us all.  Steve was dedicated to this legislation because he understood the importance of having law enforcement officers across the nation armed and prepared whenever and wherever threats to our public safety arise.  I have continued my close work with the FOP and current National President, Major Chuck Canterbury, to make this legislation law.

Community policing and the outstanding work of so many law enforcement officers play a vital role in our crime control efforts.  Unfortunately, during the past few years the downward trend in violent crime – specifically murder – ended and violent crime rates have turned upward.  The FBI has reported that while preliminary numbers show that violent crime overall declined slightly in the first half of 2003, murders increased by 1.3 percent compared with the year before.

There are more than 740,000 sworn law enforcement officers currently serving in the United States.  Since the first recorded police death in 1792, there have been more than 17,200 law enforcement officers killed in the line of duty.  Over 1,700 law enforcement officers died in the line of duty over the last decade, an average of 170 deaths per year.  Roughly 5 percent of officers who die are killed while taking law enforcement action in an off-duty capacity.  On average, more than 62,000 law enforcement officers are assaulted annually.

The Law Enforcement Officers Safety Act creates a mechanism by which qualified active-duty law enforcement officers would be permitted to travel interstate with a firearm, subject to certain limitations, provided that officers are carrying their official badges and photographic identification.  An active-duty officer may carry a concealed firearm under this measure if he or she is authorized to engage in or supervise any violation of law; is authorized to use a firearm by the agency, meets agency standards to regularly use a firearm; and is not prohibited from carrying by Federal, State or local law.  This measure would not interfere with any officer’s right to carry a concealed firearm on private or government property while on duty or on official business.

Off-duty and retired officers should also be permitted to carry their firearms across State and other jurisdictional lines, at no cost to taxpayers, in order to better serve and protect our communities.  H.R. 218 would permit qualified law enforcement officers and qualified retired law enforcement officers across the nation to carry concealed firearms in most situations.  It preserves any State law that restricts concealed firearms on private property and any State law that restricts the possession of a firearm on State or local government property.

To qualify for the measure’s exemptions to permit a qualified off-duty law enforcement officer to carry a concealed firearm, notwithstanding the law of the State or political subdivision of the State, he or she must have authority to use a firearm by the law enforcement agency where he or she works; not be subject to any disciplinary action; satisfy every standard of the agency to regularly use a firearm; not be prohibited by Federal law from receiving a firearm; and carry a photo identification issued by the agency.  The bill preserves any State law that restricts concealed firearms on private property, and any State law that restricts the possession of a firearm on State or local government property or park.

For a retired law enforcement officer to qualify for exemption from State laws that prohibit the carrying of concealed firearms, he or she must have retired in good standing; have been qualified by the agency to carry or use a firearm; have been employed at least fifteen years as a law enforcement officer unless forced to retire due to a service-connected disability; have a non-forfeitable right to retirement plan benefits of the law enforcement agency; meet the same State firearms training and qualifications as an active officer; not be prohibited by Federal law from receiving a firearm; and be carrying a photo identification issued by the agency.  Preserved would be any State law that permits restrictions of concealed firearms on private property, as well as any State law that restricts the possession of a firearm on State or local government property or park.

Last month, during the House Judiciary Committee markup of H.R. 218, amendments were accepted to bar officers or retired police from carrying arms in other jurisdictions if they are under the influence of alcohol or other intoxicating or hallucinatory drug or substance, and to require retired police to have proof they received arms training in the previous year before being permitted to carry concealed weapons.  The bill was then reported out of Committee by a vote of 23-9 and passed overwhelmingly by the House.

Convicted criminals often have long and exacting memories.  A law enforcement officer is a target in uniform and out, active or retired, on-duty or off-duty.  The bipartisan Law Enforcement Officers Safety Act is designed to establish national measures of uniformity and consistency to permit trained and certified on-duty, off-duty or retired law enforcement officers to carry concealed firearms in most situations so that they may respond immediately to crimes across State and other jurisdictional lines, as well as to protect themselves and their families from vindictive criminals.

I urge the Senate to take up and pass the bipartisan, commonsense Law Enforcement Officers Safety Act, H.R. 218, as amended and passed by the House, to make our communities safer and better to protect law enforcement officers and their families.

# # # # # 

News Backgrounder on
Law Enforcement Officers Safety Act

Provides National Protection to Qualified Law Enforcement Officers:

As passed by both the House and Senate, the Law Enforcement Officers Safety Act (H.R. 218) will permit qualified active, off-duty and retired law enforcement officers across the nation to carry concealed firearms in most situations, provided they are carrying official badges and photo identification. The bipartisan legislation is designed to establish national standards for law enforcement officers to carry concealed firearms so that they may respond immediately to crimes across State and other jurisdictional lines, as well as protect themselves and their families from vindictive criminals.  

Overwhelming Bipartisan Support for Measure:

The House bill, sponsored by Congressman Duke Cunningham and cosponsored by 297 bipartisan House members, was reported out of Committee by a vote of 23-9 and passed overwhelmingly by the House last month.  Leahy has worked for years on this measure, first in the 107^th Congress as the lead sponsor of a measure. In this Congress, Senators Campbell and Leahy, joined by a bipartisan group of 68 senators, sponsored the Senate companion bill, S. 253.  It was reported out of the Judiciary Committee last year by a vote of 18-1.  In March 2004 the Senate bill was offered as an amendment to the gun liability legislation and received overwhelming support in a vote of 91 – 8.  This overwhelming support set the stage for last night’s acceptance of the House bill.  Both bills are supported by the Fraternal Order of Police, the National Association of Police Organizations, the Federal Law Enforcement Officers Association and the International Brotherhood of Police Officers.

Off-Duty Officers Are Killed While Doing Their Jobs

An average of 170 law enforcement officers die in the line of duty each year -- over 1,700 law enforcement officers died in the line of duty in the last decade.  Roughly 5 percent of officers who die are killed while taking law enforcement action in an off-duty capacity.  On average, more than 62,000 law enforcement officers are assaulted annually.  There are more than 740,000 sworn law enforcement officers currently serving in the United States. 

Measure Preserves States’ Laws

The law preserves State laws that restrict concealed firearms on private property and possession of a firearm on State or local government property.  The law creates a mechanism by which qualified officers would be permitted to travel interstate with a firearm. This measure would not interfere with any officer’s right to carry a concealed firearm on private or government property while on duty or on official business.

Protects Active Duty Officers:

An active-duty officer may carry a concealed firearm under this measure if he or she is authorized to engage in or supervise any violation of law, is authorized to use a firearm by the agency, meets agency standards to regularly use a firearm, and is not prohibited from carrying by Federal, State or local law. 

Protects Qualified Off-Duty Law Enforcement Officers:

An off-duty law enforcement officer is permitted to carry a concealed firearm under this measure as long as he or she has the authority to use a firearm by the law enforcement agency, is not the subject of any disciplinary action, and satisfies every standard of the agency to regularly use a firearm.

Protects Qualified Retired Officers:

Under this measure, a retired law enforcement officer can qualify to carry a concealed firearm as long as the officer retired in good standing and has been qualified by the agency to carry or use a firearm. Qualified retired officers must also have been employed at least 15 years as a law enforcement officer without being forced to retire due to a service-connected disability, maintain the same training and qualifications as active duty officers and not be prohibited by Federal law from receiving a firearm.

Safety Standards Must Be Met:

Officers or retired police are barred from carrying arms in other jurisdictions if they are under the influence of alcohol or other intoxicating or hallucinatory drug or substance.  Retired officers are also required to have proof they received arms training in the previous year before being permitted to carry concealed weapons.

# # # # #