[Congressional Record Volume 143, Number 76 (Thursday, June 5, 1997)]
[Senate]
[Pages S5350-S5352]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CAMPBELL (for himself, Mr. Hatch, and Mr. Craig):
S. 837. A bill to exempt qualified current and former law enforcement
officers from State laws prohibiting the carrying of concealed firearms
and to allow States to enter into compacts to recognize other States'
concealed weapons permits; to the Committee on the Judiciary.
concealed weapons permits legislation
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by the
chairman of the Judiciary Committee, Senator Hatch and Senator Craig as
original cosponsors of this legislation.
This bill would both authorize States to recognize each other's
concealed weapons laws and would exempt qualified current and former
law enforcement officers from State laws prohibiting the carrying of
concealed firearms. This legislation is designed to support the rights
of States and to facilitate the right of law-abiding citizens as well
as law enforcement officers to protect themselves, their families, and
their property.
The language of this bill is similar to a provision in S. 3, the
Omnibus Crime Control Act of 1997, introduced earlier this year by the
chairman of the Senate Judiciary Committee, Senator Hatch. In light of
the importance of this provision to law-abiding gunowners and law
enforcement officers, I am introducing this freestanding bill today for
the Senate's consideration and prompt action.
This bill allows States to enter into agreements known as compacts to
recognize the concealed weapons laws of those States included in the
compacts. This is not a Federal mandate; it is strictly voluntary for
those States interested in this approach. States would also be allowed
to include provisions which best meet their needs, such as special
provisions for law enforcement personnel.
This legislation would allow anyone possessing a valid permit to
carry a concealed firearm in their respective State to also carry one
in another State, provided that the States have entered into a compact
agreement which recognizes the host State's right-to-carry laws. This
is needed if you want to protect the security individuals enjoy in
their own State when they travel or simply cross State lines to avoid a
crazy quilt of differing laws.
I use my own experience in Colorado as a former deputy sheriff and as
a person who just lives 9 miles from the New Mexico border and within
an hour's drive of both Arizona and Utah as a person who is caught in
this kind of crazy quilt. I have always been a law-abiding citizen. I
have a permit to carry a gun in Colorado, but if I go south just 5
minutes into New Mexico, I have to comply with a different standard,
and this bill would correct this different standard.
Currently, a Federal standard governs the conduct of nonresidents in
those States that do not have a right-to-carry statute. Many of us in
this body have always strived to protect the interests of States and
communities by allowing them to make important decisions on how their
affairs should be conducted. We are taking to the floor almost every
day to talk about mandating certain things to the States. This bill
would allow States to decide for themselves.
Specifically, it allows that the law of each State govern conduct
within that State where the State has a right-to-carry statute, and
States determine through a compact agreement which out-of-State right-
to-carry statute will be recognized.
To date, 31 States have passed legislation making it legal to carry
concealed weapons. These State laws enable citizens of those States to
exercise their right to protect themselves, their families, and their
property.
Applicants, of course, must be law-abiding citizens and pass their
State's firearm training requirements. In my State of Colorado, the
State legislature has passed a bill which puts into place statewide
uniform standards for concealed weapons permits.
The second major provision of this bill would allow qualified current
and
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former law enforcement officers who are carrying appropriate written
identification of that status to be exempt from State laws that
prohibit the carrying of concealed weapons. This provision sets forth a
checklist of stringent criteria that law enforcement officers must meet
in order to qualify for this exemption status. Exempting qualified
current and former law enforcement officers from State laws prohibiting
the carrying of concealed weapons, I believe, would add additional
forces to our law enforcement community in our unwavering fight against
crime.
I share the view of the Judiciary Committee chairman, Senator Hatch,
as reflected in his legislation, that the need to establish greater
national uniformity concerning the entitlement of active and retired
law enforcement officers to carry weapons across State lines is
paramount. That is why I have included this provision in this bill. To
our friends who do not believe in the right to bear arms, I recommend
reading this morning's Washington Post. I ask unanimous consent that
this article be printed in the Record.
There being no objection, the article was ordered to be printed in
the Record, as follows:
[From the Washington Post, June 5, 1997]
Seven Slain in District in 36 Hours of Violence
(By Brian Mooar and Avis Thomas-Lester)
Two men were fatally shot yesterday in separate incidents
in Southeast Washington in a deadly 36-hour period in which
seven people were killed in the city, police said.
At least four other people were wounded by gunfire.
the unusual flurry of violence stretched the resources of
the D.C. police homicide branch, sending investigators from
one end of Washington to the other as reports came in about
shootings.
``Everybody has their hands full, running here and running
there,'' Sgt. Marvin Lyons, a homicide squad supervisor, said
last night.
``My detectives have been working around the clock and on
the multitude of different cases, and then this latest group
of homicides happens,'' said Capt. Alan Dreher, head of the
homicide unit for the last two years. ``I don't know if it's
a record, but it is certainly the highest number of homicides
I've seen in a 24- or 36-hour period since I've been
commander of homicide.''
The latest shooting occurred about 11 p.m. in the
Washington Highlands neighborhood in far Southeast
Washington. Police said that a woman and two men were shot
and wounded by gunfire in the 4200 block of Sixth Street SE.
That scene was not far from a shooting about eight hours
earlier that left one man dead near Sixth and Chesapeake
Streets SE.
Another man was killed about 1:30 p.m. yesterday near the
Kentucky Courts apartment complex in the 200 block of
Kentucky Avenue SE.
The names of those shot, including a man wounded on 50th
Street NE about 9 p.m., had not been released last night.
While keeping up with the two fatal shootings yesterday,
homicide detectives were investigating Tuesday's fatal
shootings of three young men in Northeast Washington and the
discovery of two bodies in Northwest.
Officers on patrol in the 5800 block of Blaine Street NE
about 4 p.m. Tuesday saw what appeared to be two men sitting
in a car in an alley. But when the officers checked on them,
officials said, they discovered that both men had been shot
several times.
They were identified as Norman Isaac, 18, of the 100 block
of 59th Street NE, and William Alonzo Powell III, 23, of the
100 block of 58th Place NE, police said.
Later Tuesday, Bernard Campbell Allen, 17, was shot
multiple times about 11 p.m. at 16th and E streets NE. Allen,
of the 9300 block of Edmonston Road in Greenbelt, was taken
to D.C. General Hospital, where he was pronounced dead a few
hours later, police said.
About 9 a.m. Tuesday, police found the body of an
unidentified woman who had been stabbed to death and left in
an alley in Columbia Heights. Later in the day, the body of
an unidentified man was found in the trunk of a car in the
1400 block of Chapin Street NW.
Mr. CAMPBELL. This appeared this morning, and is a story about seven
people slain in violence in the last 36 hours in Washington, DC, four
or more wounded in just that same 36-hour period. And I would point out
that this is a city that has the tightest gun control laws in the
Nation, so tight in fact that not a Senator or Congressman, not a
Supreme Court Justice, for that matter, can carry a concealed weapon.
It seems like only the bad guys can carry them in this town.
I do ask unanimous consent that Senator Hatch be added as an original
cosponsor to this bill and it be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 837
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 ``Law Enforcement Protection
Act of 1997''.
SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW
ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 926A the
following:
``Sec. 926B. Carrying of concealed firearms by qualified
current and former law enforcement officers
``(a) In General.--Notwithstanding any provision of the law
of any State or any political subdivision of a State, an
individual may carry a concealed firearm if that individual
is--
``(1) a qualified law enforcement officer or a qualified
former law enforcement officer; and
``(2) carrying appropriate written identification.
``(b) Effect on Other Laws.--
``(1) Common carriers.--Nothing in this section shall be
construed to exempt from section 46505(B)(1) of title 49--
``(A) a qualified law enforcement officer who does not meet
the requirements of section 46505(D) of title 49; or
``(B) a qualified former law enforcement officer.
``(2) Federal laws.--Nothing in this section shall be
construed to supersede or limit any Federal law or regulation
prohibiting or restricting the possession of a firearm on any
Federal property, installation, building, base, or park.
``(3) State laws.--Nothing in this section shall be
construed to supersede or limit the laws of any State that--
``(A) grant rights to carry a concealed firearm that are
broader than the rights granted under this section;
``(B) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(C) prohibit or restrict the possession of firearms on
any State or local government property, installation,
building, base, or park.
``(4) Definitions.--In this section:
``(A) Appropriate written identification.--The term
`appropriate written identification' means, with respect to
an individual, a document that--
``(i) was issued to the individual by the public agency
with which the individual serves or served as a qualified law
enforcement officer; and
``(ii) identifies the holder of the document as a current
or former officer, agent, or employee of the agency.
``(B) Qualified law enforcement officer.--The term
`qualified law enforcement officer' means an individual who--
``(i) is presently authorized by law to engage in or
supervise the prevention, detection, or investigation of any
violation of criminal law;
``(ii) is authorized by the agency to carry a firearm in
the course of duty;
``(iii) meets any requirements established by the agency
with respect to firearms; and
``(iv) is not the subject of a disciplinary action by the
agency that prevents the carrying of a firearm.
``(C) Qualified former law enforcement officer.--The term
`qualified former law enforcement officer' means, an
individual who is--
``(i) retired from service with a public agency, other than
for reasons of mental disability;
``(ii) immediately before such retirement, was a qualified
law enforcement officer with that public agency;
``(iii) has a nonforfeitable right to benefits under the
retirement plan of the agency;
``(iv) was not separated from service with a public agency
due to a disciplinary action by the agency that prevented the
carrying of a firearm;
``(v) meets the requirements established by the State in
which the individual resides with respect to--
``(I) training in the use of firearms; and
``(II) carrying a concealed weapon; and
``(vi) is not prohibited by Federal law from receiving a
firearm.
``(D) Firearm.--The term `firearm' means, any firearm that
has, or of which any component has, traveled in interstate or
foreign commerce.''.
(b) Clerical Amendment.--The chapter analysis for chapter
44 of title 18, United States Code, is amended by inserting
after the item relating to section 926A the following:
``926B. Carrying of concealed firearms by qualified current and former
law enforcement officers.''.
SEC. 3. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS.
(a) In General.--The consent of Congress is given to any 2
or more States--
(1) to enter into compacts or agreements for cooperative
effort in enabling individuals to carry concealed weapons as
dictated by laws of the State within which the owner of the
weapon resides and is authorized to carry a concealed weapon;
and
(2) to establish agencies or guidelines as they may
determine to be appropriate for making effective such
agreements and compacts.
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(b) Reservation of Rights.--The right to alter, amend, or
repeal this section is hereby expressly reserved by Congress.
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