[Congressional Record Volume 148, Number 57 (Wednesday, May 8, 2002)]
[Senate]
[Page S4073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Hatch, Mr. Baucus, Mr. Domenici, 
        Mr. Cleland, Mr. McConnell, and Mr. Sessions):
  S. 2480. A bill to amend title 18, United States Code, to exempt 
qualified current and former law enforcement officers from state laws 
prohibiting the carrying of concealed handguns; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, I am pleased today to introduce legislation 
to permit current and retired Federal, State and local law enforcement 
officers to carry a concealed firearm, the Law Enforcement Officers 
Safety Act of 2002. I am pleased that Senators Hatch, Baucus, Domenici, 
Cleland, McConnell, and Sessions are joining me as original cosponsors 
in this effort to make our communities safer and to protect law 
enforcement officers and their families.
  I am introducing this companion measure to H.R. 218 at the request of 
the Fraternal Order of Police, which strongly supports this legislation 
to protect officers and their families from vindictive criminals and to 
permit officers to respond immediately to a crime when off duty. Many 
of my friends in the law enforcement community believe that national 
legislation is necessary due to the patchwork of conceal-carry laws in 
State and local jurisdictions, and that off-duty and retired officers 
should be permitted to carry their firearms across state and other 
jurisdictional lines.
  Our bipartisan bill will allow thousands of equipped, trained and 
certified law enforcement officers continually to serve and protect our 
communities, regardless of jurisdiction, at no cost to taxpayers. This 
bill is designed to promote better law enforcement and improved public 
safety.
  Our legislation would permit qualified law enforcement officers and 
qualified retired law enforcement officers across the nation to carry 
concealed firearms in most situations. The bill, however, preserves any 
State law that permits citizens from restricting a concealed firearm on 
private property and preserves any State law that restricts the 
possession of a firearm on State or local government property. While I 
support this approach to strike a proper balance between providing law 
enforcement officers with the uniformity in the law needed to protect 
public safety, I still have some federalism concerns about the 
legislation. I look forward to working with my colleagues as the bill 
moves through the legislative process to further preserve essential 
rights of the states.
  To qualify for the bill's uniform standards a law enforcement officer 
must be authorized to use a firearm by the law enforcement agency where 
he or she works, be in good standing with that agency, and meet any 
standards established by that agency to regularly qualify to use a 
firearm. A qualified retired law enforcement officer under the bill 
must have retired in good standing, been employed at least five years 
as a law enforcement officer unless forced to retire due to a service-
related injury, have a non-forfeitable right to benefits under the law 
enforcement agency's retirement plan, and annually complete a State-
approved firearms training course. As a result, our bipartisan 
legislation maintains the State or local jurisdiction's power to 
determine whether a law enforcement officer or retired law enforcement 
officer is qualified in the use of a firearm.
  Representative Randy Cunningham introduced a similar bill in the 
House, H.R. 218, which has garnered more than 250 bipartisan 
cosponsors. In 1999, the House of Representatives adopted similar 
legislation, by a vote of 372-53, as a floor amendment during its gun 
safety debate before the overall legislation was defeated. I applaud my 
colleagues in the other legislative body for such strong bipartisan 
showing of support for this legislation.
  As a former state prosecutor, I know that law enforcement officers 
are never ``off-duty.'' They are dedicated public servants trained to 
uphold the law and keep the peace. When there is a threat to the peace 
or to our public safety, law enforcement officers are sworn to answer 
that call. Our legislation enables law enforcement officers across the 
country to be armed and prepared when they answer that call, no matter 
where or when it comes.
  I urge my colleagues to support the Law Enforcement Officers Safety 
Act to make our communities safer and to protect law enforcement 
officers and their families.
  Mr. HATCH. Mr. President, today I rise along with Senator Leahy and 
others to introduce the Law Enforcement Officers Safety Act of 2002. 
This bill, which exempts qualified active and retired law enforcement 
officers from certain local and State prohibitions on the carrying of 
concealed firearms, will help protect the American public, our Nation's 
officers and their families.
  Over the past several Congresses, Senator Campbell has been a leader 
in this area. As a former deputy sheriff in Sacramento County, 
California, he has a first-hand understanding of the challenges law 
enforcement officers face as they cross state lines. Last March, he 
introduced a similar bill, S. 442, the Law Enforcement Protection Act 
of 2001, which I co-sponsored. I will continue to support S. 442 as we 
seek to enact such legislation during this Congress.
  Like S. 442, the Law Enforcement Officers Safety Act of 2002 permits 
qualified law enforcement officers and retired officers to carry, with 
the appropriate identification, a concealed firearm that has been 
shipped or transported in interstate or foreign commerce regardless of 
State or local laws. However, like S. 442, this bill does not supersede 
any State law that permits private persons to prohibit or restrict the 
possession of concealed weapons on their properties, or prohibits or 
restricts the possession of firearms on any State or local government 
properties, installations, buildings, bases or parks. Additionally, 
both bills clearly define what is meant by ``qualified law enforcement 
officer'' and ``qualified retired [or former] law enforcement officer'' 
to ensure that those individuals permitted to carry concealed firearms 
are highly trained professionals.
  Such legislation not only will provide law enforcement officers with 
a legal means to protect themselves and their families when they travel 
interstate, it will also provide added security to the American public. 
By enabling qualified active duty and retired law enforcement officers 
to carry firearms while off-duty, retired or outside their own 
jurisdictions, more trained law enforcement officers will be on our 
streets to enforce the law and to respond to crises.
  I look forward to working on a bipartisan basis with my colleagues in 
both Houses to ensure that this legislation is enacted into law.
  Thank you. I yield the floor.
                                 ______