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U.S. SENATOR PATRICK
LEAHY
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CONTACT: Office of Senator
Leahy, 202-224-4242 |
VERMONT |
President Signs Leahy-Led
Initiative
That Helps Off-Duty Police Protect Public
[WASHINGTON (Thursday, July 22) – President Bush on Thursday signed into
law 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. 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. Leahy was on hand Thursday as the President signed the bill in an
Oval Office ceremony. For several years, the new law has been a top
legislative priority of the nation’s rank-and-file police officers and of
their membership organizations. It 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 earlier this month was a House companion bill to the Leahy measure.
Below is Leahy’s statement on the signing of the legislation, along with a
news backgrounder on the bill.]
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This bill keeps faith
with the police officers who risk their lives to protect the American
people. This is a proud day for them and a step forward for public
safety. This new law will help police officers keep their families,
themselves and our communities safer. They have waited a long time for
this, and so have I.
The Law Enforcement Officers Safety Act
creates a mechanism by which qualified active-duty law enforcement officers
now will be allowed 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 law if he or she is authorized to engage in or supervise
any violation of law; is authorized to use a firearm by the agency and
meets agency standards to regularly use a firearm; and is not prohibited
from carrying by Federal, State or local law. This law 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.
Law enforcement officers are never truly
“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 was proud to team up with Senator Campbell – and we were joined by
69 other cosponsors, including Judiciary Chairman Hatch, Democratic Leader
Daschle, Assistant Democratic Leader Reid, Majority Leader Frist and
Assistant Majority Leader McConnell – in writing and introducing 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 were introduced to permit off-duty and
retired law enforcement officers to carry a firearm and be prepared to
assist in dangerous situations.
We equip our police officers in order to do
the dangerous jobs we ask them to do for us. They carry appropriate
weapons with them while they are on duty, and allowing them to carry them
at other times costs taxpayers nothing, while allowing off-duty and retired
officers to be better prepared to serve and protect our
communities and to protect themselves and their families from vindictive
criminals. This law will let qualified law enforcement officers and
qualified retired law enforcement officers across the nation to carry
concealed firearms in most situations, preserving any state laws that
restrict concealed firearms on private property, as well as any state laws
that restrict the possession of a firearm on state or local government
property.
To qualify for the law’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 law 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 15 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 will 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.
I want to pay special thanks to Congressman
Randy “Duke” Cunningham, the author of the counterpart bill in the House,
and to my good friend Senator Campbell, with whom I cosponsored the Senate
bill, S.253, for their leadership and fortitude while we negotiated this
legislation. 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 also been a
privilege working with him on our bipartisan Law Enforcement Officers
Safety Act.
This law is 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.
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.
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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) permits 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 107th 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 the passage of this law.
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 law 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 law 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 law 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 law, 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.
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