[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

[[Page S5351]]

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.

[[Page S5352]]

       (b) Reservation of Rights.--The right to alter, amend, or 
     repeal this section is hereby expressly reserved by Congress.
                                 ______