[Congressional Record Volume 142, Number 100 (Tuesday, July 9, 1996)]
[House]
[Pages H7124-H7125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        ARMORED CAR INDUSTRY RECIPROCITY IMPROVEMENT ACT OF 1996

  Mr. OXLEY. Mr. Speaker, I move to suspend the rules and pass the 
bill, H.R. 3431, to amend the Armored Car Industry Reciprocity Act of 
1993 to clarify certain requirements and to improve the flow of 
interstate commerce.
  The Clerk read as follows:

                               H.R. 3431

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Armored Car Industry 
     Reciprocity Improvement Act of 1996''.

     SEC. 2. CLARIFICATION OF STATE RECIPROCITY OF WEAPONS 
                   LICENSES ISSUED TO ARMORED CAR COMPANY CREW 
                   MEMBERS.

       (a) In General.--Section 3(a) of the Armored Car Industry 
     Reciprocity Act of 1993 (15 U.S.C. 5902(a)) is amended to 
     read as follows:
       ``(a) In General.--If an armored car crew member employed 
     by an armored car company--
       ``(1) has in effect a license issued by the appropriate 
     State agency (in the State in which such member is primarily 
     employed by such company) to carry a weapon while acting in 
     the services of such company in that State, and such State 
     agency meets the minimum requirements under subsection (b); 
     and
       ``(2) has met all other applicable requirements to act as 
     an armored car crew member in the State in which such member 
     is primarily employed by such company;

     then such crew member shall be entitled to lawfully carry any 
     weapon to which such license relates and function as an 
     armored car crew member in any State while such member is 
     acting in the service of such company.''.
       (b) Minimum State Requirements.--Section 3(b) of such Act 
     (15 U.S.C. 5902(b)) is amended to read as follows:
       ``(b) Minimum State Requirements.--A State agency meets the 
     minimum State requirements of this subsection if--
       ``(1) in issuing an initial weapons license to an armored 
     car crew member described in subsection (a), the agency 
     determines to its satisfaction that--
       ``(A) the crew member has received class-room and range 
     training in weapons safety and marksmanship during the 
     current year; and
       ``(B) the receipt or possession of a weapon by the crew 
     member would not violate Federal law, determined on the basis 
     of a criminal record background check conducted during the 
     current year; and
       ``(2) in issuing a renewal of a weapons license to an 
     armored car crew member described in subsection (a), the 
     agency determines to its satisfaction that--
       ``(A) the crew member has received continuing training in 
     weapons safety and marksmanship from a qualified instructor 
     for each weapon that the crew member is licensed to carry; 
     and
       ``(B) the receipt or possession of a weapon by the crew 
     member would not violate Federal law, as determined by the 
     agency.''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by section 2 shall take effect 30 days 
     after the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio [Mr. Oxley] and the gentleman from New York [Mr. Manton] each will 
control 20 minutes.
  The Chair recognizes the gentleman from Ohio [Mr. Oxley].
  Mr. OXLEY. Mr. Speaker, I yield myself such time as I may consume.

[[Page H7125]]

  Mr. Speaker, I rise in strong support of H.R. 3431, the Armored Car 
Industry Reciprocity Improvement Act. All we need to do is watch the 
evening news to be aware of the problems faced by the Nation's law 
enforcement and security personnel. We live in increasingly dangerous 
times where a badge is a target, and the lives of people wearing those 
badges are placed in grave danger on a daily basis.
  Those who guard armored cars are no exception. During fiscal year 
1995, the violent crime section of the FBI investigated 68 robberies or 
attempted robberies of armored vehicles. My subcommittee received 
testimony that there were well over 100 such incidents during the 1995 
calendar year. Over the past several years, just one of the major 
armored car companies has had five armored car crewmembers killed in 
the line of duty, four of whom were slain here in the Washington, DC 
area.
  There is no question that there is a strong need for these 
individuals to be armed. When this committee reported the Armored Car 
Industry Reciprocity Act in the 103d Congress, it recognized that fact. 
However, it also recognized that we need to keep weapons out of the 
hands of criminals and the untrained. While most States require 
substantial training in the safe and legal use of their weapons before 
they issue crewmembers weapons permits, we reiterated that sentiment 
when we required regular training and criminal background checks before 
a State's weapons permit would be entitled to reciprocity.
  Mr. Whitfield's legislation, H.R. 3431, the Armored Car Industry 
Reciprocity Improvement Act of 1996, simply makes some technical 
changes in the original statute to better conform its requirements to 
the procedures in place in the majority of States today. It still 
requires regular training and criminal background checks for armored 
car crewmembers, but allows States the necessary flexibility to issue 
permits according to their own procedures and their own timetable.
  It is a little known fact that the single largest interstate customer 
of the armored car industry is the Federal Government. Private 
companies annually transport billions of dollars in currency, coin, 
food stamps, and other negotiable documents. Because we entrust these 
companies with the Nation's valuables, we have an obligation to ensure 
that their job in protecting those valuables is as easy as possible. 
That is why we need to enact H.R. 3431.
  Mr. Whitfield should be commended for his hard work in seeing this 
bill through. I would also like to thank my distinguished ranking 
member for all of his support in bringing this legislation to the 
floor. I urge all of my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MANTON. Mr. Speaker, I yield myself such time as I may consume. 
Mr. Speaker, I rise today in strong support of this bipartisan 
legislation that will help solve many problems currently confronting 
the armored car industry. These vehicles, privately or federally owned, 
are often subject to violent crime that results in the loss of 
crewmembers' lives, not to mention untold amounts of valuable property.
  Armored cars provide an essential service in this country by 
transporting millions of dollars in currency and other valuables 
belonging to both the Federal Government and private entities. Because 
these vehicles are often the target of crime, it is crucial that we 
provide armored car guards with the ability to protect themselves and 
their cargo without risk of criminal liability for simply doing their 
job.
  Mr. Speaker, 5 years ago an armored car crewmember by the name of 
John Hirdt was shot to death while loading cash into a van outside of 
Macy's department store in Elmhurst, Queens. Mr. Hirdt was 65 years old 
and a retired New York City police officer employed by a private 
armored car service. Such incidents highlight the importance of 
providing armored car crewmembers with adequate protection.
  This bill, ensures that crewmembers can carry their weapons across 
State lines so long as they have met all the requirements of their 
primary State and have passed a criminal background check. Without this 
modification in current law, crewmembers could be in violation of State 
weapons licensing laws when performing their job and traveling across 
State lines. This legislation does not in any way change Federal 
requirements for possession of a weapon or make it easier for anyone to 
receive a weapons license.
  Mr. Speaker, I would like to thank my colleague, Mr. Whitfield, for 
crafting this legislation. I believe that H.R. 3431 will solve the 
problems of inconsistent application of license requirements and 
renewal processes among the States. As the ranking minority member of 
the Commerce, Trade, and Hazardous Material Subcommittee which 
originally considered this bill, I urge all of my colleagues to support 
this commendable legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OXLEY. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Kentucky [Mr. Whitfield], the author of this important 
legislation.
  Mr. WHITFIELD. Mr. Speaker, I am pleased that today the House is 
taking up this legislation, the Armored Car Industry Reciprocity 
Improvement Act of 1996. This is important legislation for many 
reasons. As we all know, armored cars and their crews have long been 
targets of crime, and it is imperative that these highly trained and 
dedicated men and women be armed to protect their cargo and, more 
importantly, their own lives.
  The Federal Government is the single largest customer of the armored 
car industry, and we are obligated to ensure that efforts to protect 
the taxpayers' cargo and the lives of the armored car crews are as 
unhindered as possible.
  This legislation addresses the problems encountered by the States in 
three ways: First, it grants reciprocity for both weapons licenses and 
any other permits or licenses required in a particular State so long as 
the crew member has met all of the requirements in the State he or she 
is primarily employed.
  Second, it makes clear that it is the State which should conduct 
criminal background checks and permits the States to do so in whatever 
manner they deem appropriate.
  Third, it eliminates the requirement in the original act that renewal 
permits be reissued annually and permits States to follow their own 
timetables.
  These changes represent a significant step forward in achieving the 
objectives of the original act. Under the act, as originally signed 
into law, only Illinois, Louisiana, Maryland, North Carolina, and 
Virginia met the requirements for reciprocity. With the changes under 
this bill, 28 other States will qualify, truly easing the flow of these 
valuable goods in interstate commerce.
  This legislation has been supported in the past by the armored car 
industry and numerous State, national, and local law enforcement 
associations. Further, neither the NLRA nor Handgun Control had any 
objections to the original legislation. Since H.R. 3431 does not change 
the original intent of the legislation at all, I see no reason why this 
legislation would not enjoy similar support.
  Mr. Speaker, I wish to thank the gentleman from Ohio, Chairman Oxley, 
the gentleman from Florida, Mr. Stearns, the gentleman from New York, 
Mr. Manton, and the gentlewoman from Illinois, Mrs. Collins, for their 
work on this legislation in years past. I urge my colleagues on both 
sides of the aisle to support this legislation.
  Mr. MANTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. OXLEY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio [Mr. Oxley] that the House suspend the rules and 
pass the bill, H.R. 3431.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________