[Congressional Record Volume 149, Number 17 (Thursday, January 30, 2003)]
[Senate]
[Pages S1816-S1819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself, Mr. Leahy, Mr. Hatch, Mr. Reid, Mr. 
        Graham of South Carolina, Mr. Schumer, Mr. Grassley, Mr. 
        Dorgan, Mr. Kyl, Mr. Edwards, Mr. Sessions, Mr. Baucus, Mr. 
        DeWine, Mr. Warner, Ms. Cantwell, Mr. Nickles, Mr. Conrad, Mr. 
        Burns, Ms. Landrieu, Mr. Craig, Mr. Domenici, Mr. Dayton, Mrs. 
        Feinstein, Mr. Cornyn, Mrs. Lincoln, Mr. Allen, Mr. Santorum, 
        Mr. McConnell, Mr. Bunning, Mr. Nelson of Nebraska, Mr. Inhofe, 
        and Ms. Stabenow):
  S. 253. 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. CAMPBELL. Mr. President, today I am pleased to introduce the Law 
Enforcement Officers Safety Act of 2003. I am also especially pleased 
to have Senators Patrick Leahy and Orrin Hatch joining me today as lead 
original cosponsors.
  The Law Enforcement Officers Safety Act would permit qualified 
current and former law enforcement officers to carry concealed firearms 
across jurisdictions. This legislation has several important benefits. 
First, the American pubic will be safer as off-duty and retired law 
enforcement officers are allowed to carry concealed weapons as they 
travel across jurisdictions. If enacted into law, the basic net effect 
of this legislation will be thousands of additional police officers on 
the streets, at zero taxpayer expense. There are many examples of off-
duty officers coming to the rescue of American citizens facing dire 
situations. Hopefully, with this bill's passage, we will hear about 
even more of these stories in the future.
  Terrorists and violent criminals certainly will not be happy when 
this bill is passed. They will have additional worries, and hopefully 
may be deterred, because they will not be sure whether or not seemingly 
average citizens are actually off-duty or retired law enforcement 
officers who are armed, trained and ready to deal with whatever 
situation may arise.
  This legislation will also help off-duty and retired law enforcement 
officers protect themselves and their families. All too often, after 
they are released from prison, violent criminals seek revenge against 
the law enforcement officers who helped lock them away. While at a 
minimum this legislation will even the playing field for off-duty and 
retired law enforcement officers, I hope that it will go further and 
actually give them an advantage.
  This important law enforcement legislation is especially meaningful 
to me for a number of reasons. First of all, through six years of 
service as a Deputy Sheriff with Sacramento County, California, I was 
able to get first-hand experience with the challenges facing our 
nation's law enforcement officers. As a Deputy Sheriff, I have 
personally patrolled the streets and encountered plenty of dangerous 
characters, far too many of which were armed and dangerous. I also 
clearly learned that a law enforcement officer's job does not 
necessarily end when he or she is off-duty since you never know when 
you may come face-to-face with violent criminals.
  Finally, now that I serve as a U.S. Senator, I have made passing pro-
law enforcement legislation one of my top priorities.
  Previous versions of this legislation have enjoyed the support of 
over one hundred national, state and local law enforcement 
organizations. The Fraternal Order of Police is a key leader among 
those organizations. For many years now, the FOP has supported passage 
of this legislation. I am encouraged that the FOP has made it clear 
that we will be working together once again in our efforts to get this 
bill passed and signed into law by President Bush. I want to take a 
moment to express my appreciation for Chuck Canterbury, National 
President of the FOP, the rest of the FOP's professional staff and the 
over 300,000 members of the FOP they represent, for the letter of 
support for the Law Enforcement Officers Safety Act of 2003.
  I am pleased that Judiciary Committee Chairman Orrin Hatch and 
Ranking Democratic Member Patrick Leahy are playing vital roles in 
advancing this legislation as lead original cosponsors. Over the years, 
I have championed a number of legislative initiatives aimed at helping 
our nation's law enforcement officers be better supported and protected 
as they go about their mission of protecting the American people. These 
accomplishments include a public law that continues to help state and 
local law enforcement officers acquire life saving bullet-proof vests 
and a federal grant-making program that helps our nation's schools 
acquire the School Resource Officers they need to reduce the threat of 
violence in our public schools. Senators Leahy and Hatch have played

[[Page S1817]]

important roles in getting each of these legislative initiatives 
accomplished.
  The key goal of the Law Enforcement Officers Safety Act I am 
introducing today has been one of my law enforcement legislative 
priorities since I first introduced similar legislation back in 1997 
during the 105th Congress. Since that time, I have introduced the 
legislation twice more, in 1999 and 2001. Fortunately, the Judiciary 
Committee made good progress on conceal carry legislation late last 
year before the 107th Congress completed its work for the year. As we 
begin anew in the 108th Congress, I hope we will be able to recapture 
the momentum and finally get this legislation passed and enacted. Just 
as we worked together in past years to get things done, I look forward 
to working with Senators Leahy and Hatch to do what it takes to 
successfully turn this worthy legislation into the law of the land. 
Many years of work and persistence may finally be paying off for all of 
us, especially our nation's law enforcement officers.
  It is worth noting that the Law Enforcement Officers Safety Act of 
2003 legislation being introduced here today enjoys the strong 
bipartisan support of thirty-one of my fellow Senators as original 
cosponsors. I urge the rest of my colleagues to join us in supporting 
the successful passage of this important Campbell-Leahy-Hatch 
legislation.
  I ask unanimous consent that the text of the legislation I am 
introducing today, the Law Enforcement Officers Safety Act of 2003, and 
the Fraternal Order of Police's letter of support, be included in the 
Congressional Record immediately following my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                                      Grand Lodge,


                                    Fraternal Order of Police,

                                 Washington, DC, January 24, 2003.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate,
     Washington, DC.
       Dear Senator Campbell: On behalf of the more than 300,000 
     members of the Fraternal Order of Police, I am writing to 
     advise you or our strong support for legislation you intend 
     to introduce to exempt qualified active and retired law 
     enforcement officers from State and local prohibitions with 
     respect to the carrying of firearms. The passage of this 
     legislation has been designated the top legislative priority 
     of the Fraternal Order of Police and we are proud to have a 
     former law enforcement officer as the sponsor of this bill.
       Having served six years as a Deputy Sheriff in Sacramento 
     County, you know firsthand the challenges faced by our 
     nation's law enforcement officers. Police officers put their 
     lives on the line every day and are trained throughout their 
     careers to carry and, in worst-case scenarios use, firearms 
     to defend themselves and the public they are sworn to 
     protect. However, the bewildering patchwork of laws in the 
     States often results in a paradox for law enforcement 
     officers, sometimes placing them in legal and physical 
     jeopardy. Criminals and terrorists do not disarm themselves 
     when they travel from jurisdiction to jurisdiction, and 
     neither should America's police officers.
       This is not about firearms--it is about officer safety. 
     After 11 September 2001, it became an important public safety 
     and homeland security issue as well.
       The danger inherent to police work and the possibility than 
     an officer will need to respond to an emergency situation 
     does not end with the shift. Criminals and terrorists are 
     never off-duty, making law enforcement officers targets in 
     uniform and out, on duty and off, active or retired. The 
     legislation you intend to offer will give us the ability to 
     defend ourselves at all times by providing qualified active 
     and retired law enforcement officers with the authority to 
     carry their firearms in all U.S. jurisdictions, so long as 
     they have photographic identification issued by the agency 
     for which they are or were employed.
       I applaud you for your leadership and you continuing 
     efforts on behalf of our nation's law enforcement officers. 
     It is our hope that we will finally be able to get a bill to 
     the President's desk in this Congress, and we look forward to 
     working with you on this issue. Please do not hesitate to 
     contact me or Executive Director Jim Pasco through my 
     Washington office if we can be of any assistance on this or 
     any other matter.
           Sincerely,
                                                 Chuck Canterbury,
                                               National President.

                                 S. 253

       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 Officers 
     Safety Act of 2003''.

     SEC. 2. EXEMPTION OF QUALIFIED 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 law 
       enforcement officers

       ``(a) Notwithstanding any other provision of the law of any 
     State or any political subdivision thereof, an individual who 
     is a qualified law enforcement officer and who is carrying 
     the identification required by subsection (d) may carry a 
     concealed firearm that has been shipped or transported in 
     interstate or foreign commerce, subject to subsection (b).
       ``(b) This section shall not be construed to supersede or 
     limit the laws of any State that--
       ``(1) permit private persons or entities to prohibit or 
     restrict the possession of concealed firearms on their 
     property; or
       ``(2) prohibit or restrict the possession of firearms on 
     any State or local government property, installation, 
     building, base, or park.
       ``(c) As used in this section, the term `qualified law 
     enforcement officer' means an employee of a governmental 
     agency who--
       ``(1) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers of arrest;
       ``(2) is authorized by the agency to carry a firearm;
       ``(3) is not the subject of any disciplinary action by the 
     agency;
       ``(4) meets standards, if any, established by the agency 
     which require the employee to regularly qualify in the use of 
     a firearm; and
       ``(5) is not prohibited by Federal law from receiving a 
     firearm.
       ``(d) The identification required by this subsection is the 
     photographic identification issued by the governmental agency 
     for which the individual is, or was, employed as a law 
     enforcement officer.
       ``(e) Defined Term.--As used in this section, the term 
     `firearm' does not include--
       ``(1) any machinegun (as defined in section 5845 of title 
     26);
       ``(2) any firearm silencer (as defined in section 921); and
       ``(3) any destructive device (as defined in section 
     921).''.
       (b) Clerical Amendment.--The table of sections for such 
     chapter is amended by inserting after the item relating to 
     section 926A the following:

``926B. Carrying of concealed firearms by qualified law enforcement 
              officers.''.

     SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT 
                   OFFICERS FROM STATE LAWS PROHIBITING THE 
                   CARRYING OF CONCEALED FIREARMS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is further amended by inserting after section 926B the 
     following:

     ``Sec. 926C. Carrying of concealed firearms by qualified 
       retired law enforcement officers

       ``(a) Notwithstanding any other provision of the law of any 
     State or any political subdivision thereof, an individual who 
     is a qualified retired law enforcement officer and who is 
     carrying the identification required by subsection (d) may 
     carry a concealed firearm that has been shipped or 
     transported in interstate or foreign commerce, subject to 
     subsection (b).
       ``(b) This section shall not be construed to supersede or 
     limit the laws of any State that--
       ``(1) permit private persons or entities to prohibit or 
     restrict the possession of concealed firearms on their 
     property; or
       ``(2) prohibit or restrict the possession of firearms on 
     any State or local government property, installation, 
     building, base, or park.
       ``(c) As used in this section, the term `qualified retired 
     law enforcement officer' means an individual who--
       ``(1) retired in good standing from service with a public 
     agency as a law enforcement officer, other than for reasons 
     of mental instability;
       ``(2) before such retirement, was authorized by law to 
     engage in or supervise the prevention, detection, 
     investigation, or prosecution of, or the incarceration of any 
     person for, any violation of law, and had statutory powers of 
     arrest;
       ``(3)(A) before such retirement, was regularly employed as 
     a law enforcement officer for an aggregate of 15 years or 
     more; or
       ``(B) retired from service with such agency, after 
     completing any applicable probationary period of such 
     service, due to a service-connected disability, as determined 
     by such agency;
       ``(4) has a nonforfeitable right to benefits under the 
     retirement plan of the agency;
       ``(5) during the most recent 12-month period, has met, at 
     the expense of the individual, the State's standards for 
     training and qualification for active law enforcement 
     officers to carry firearms; and
       ``(6) is not prohibited by Federal law from receiving a 
     firearm.
       ``(d) The identification required by this subsection is 
     photographic identification issued by the agency for which 
     the individual was employed as a law enforcement officer.
       ``(e) Defined Term.--As used in this section, the term 
     `firearm' does not include--
       ``(1) any machinegun (as defined in section 5845 of title 
     26);
       ``(2) any firearm silencer (as defined in section 921); and
       ``(3) a destructive device (as defined in section 921).''.

[[Page S1818]]

       (b) Clerical Amendment.--The table of sections for such 
     chapter is further amended by inserting after the item 
     relating to section 926B the following:

``926C. Carrying of concealed firearms by qualified retired law 
              enforcement officers.''.
  Mr. LEAHY. Mr. President, I am proud to join Senator Campbell to 
introduce the ``Law Enforcement Officers Safety Act of 2003,'' which 
permits current and retired law enforcement officers to carry a firearm 
and be prepared to assist in dangerous situations. During his time in 
the Senate, Senator Campbell has been a leader in the area of law 
enforcement. As a former deputy sheriff, he knows the difficulties 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 and 2000. I look forward to working with 
him on our bipartisan bill.
  I am pleased that 30 Senators, including Judiciary Committee Chairman 
Hatch and Committee Members Schumer, Edwards, Feinstein, Grassley, Kyl, 
Sessions, DeWine, Craig, Graham, and Cornyn, as well as Assistant 
Democratic Leader Reid and Assistant Republican Leader McConnell--have 
joined Senator Campbell and me as original cosponsors of this bill in 
an effort to make our communities safer and better to protect law 
enforcement officers and their families. In the last Congress, Senator 
Hatch and I worked together to reach consensus and have the Judiciary 
Committee approve this legislation by an 18-1 vote. I thank Senator 
Hatch for his past support and look forward to working with him again 
on our bipartisan bill.
  We introduce this measure in the Senate 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. Last 
year, when I chaired the Judiciary Committee, I was honored to work 
closely with FOP's National President, Lt. Steve Young, whose death 
earlier this month was a sad loss for all of us. 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 peace or to our public safety arise. I will 
continue my close work with the FOP and its new National President, 
Major Chuck Canterbury, to pass this legislation into law.
  There are approximately 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 16,400 law enforcement 
officers killed in the line of duty. A total of 1,694 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 
taking law enforcement action while in an off-duty capacity. On 
average, more than 62,000 law enforcement officers are assaulted each 
year, resulting in some 21,000 injuries.
  Until 2001, violent crime in this country had declined each of the 
preceding 8 years. Indeed, it had declined by 40 percent since it 
peaked at 4 million violent crimes in 1993. Community policing and the 
outstanding work of so many law enforcement officers played a vital key 
in our crime control efforts. Unfortunately, during the past two years 
the downward trend in violent crime ended and violent crime turned 
upward. Last month, the FBI reported that crime rose slightly in the 
first half of 2002, including a 2.3 percent increase in murders. The 
preliminary numbers for 2002 follow an increase in crime in 2001 that 
was the first in a decade, coinciding with a struggling economy that 
many experts say could be a contributing factor. Crime rose in 2001 by 
2.1 percent, compared with the year before.

  The Law Enforcement Officers Safety Act of 2003 is designed to 
protect officers and their families from vindictive criminals and to 
allow thousands of equipped, trained and certified law enforcement 
officers, whether on or off duty or retired, to carry concealed 
firearms in most situations, thus enabling them to respond immediately 
to a crime. Our bipartisan bill will allow thousands of equipped, 
trained and certified law enforcement officers continually to serve and 
protect our communities, regardless of jurisdiction, and at no cost to 
taxpayers.
  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, meet the standards of the agency to regularly use a 
firearm, not be prohibited by Federal law from receiving a firearm, and 
be carrying a photo identification issued by the agency.
  A qualified retired law enforcement officer under the bill 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 nonforfeitable right to retirement plan benefits of 
the law enforcement agency, annually meet State firearms training and 
qualifications that are the same as active law enforcement officers, 
not be prohibited by Federal law from receiving a firearm, and be 
carrying a photo identification issued by the agency.
  I have heard from many representatives of the law enforcement 
community, including the Fraternal Order of Police, the National 
Association of Police Officers, the Federal Law Enforcement Officers 
Association, the International Brotherhood of Police Officers, and the 
California Correctional Peace Officers Association, CCPOA, that 
national legislation is necessary because of the current patchwork of 
state and local conceal-carry laws. I have also received letters of 
support for the Law Enforcement Officers Safety Act from a variety of 
Vermont law enforcement officials, including Chief Osburn Glidden of 
Williston, Officer Wade Johnson of Hinesburg, Chief Trevor Whipple of 
Barre, Officer Bonnie Hotchkiss of Barre, Sergeant Mike Manning and 
Sergeant David Yustin of the Vermont State Police, and nine Field 
Supervision Correctional Officers assigned to the Vermont Department of 
Corrections Barre Community Correctional Service Center.
  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 our public 
safety, law enforcement officers are sown to answer that call. The Law 
Enforcement Officers Safety Act will enable law enforcement officers in 
Vermont and across the nation to be armed and prepared when they answer 
that call, no matter where, when, or in what form 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 senators Campbell, 
Leahy, and others to introduce the ``Law Enforcement Officers Safety 
Act of 2003''. This bill, which permits qualified current and retired 
law enforcement officers to carry a concealed firearm in any 
jurisdiction, will help protect the American public, our Nation's 
officers, and their families. I would note that this bill has the 
overwhelming support of the Fraternal Order of Police and other law 
enforcement associations.
  This legislation allows qualified law enforcement officers and 
retired officers to carry, with appropriate identification, a concealed 
firearm that has been shipped or transported in interstate or foreign 
commerce regardless of State or local laws. Importantly, this 
legislation does not supersede any State law that permits private 
persons to prohibit or restrict the possession of firearms on any State 
or local government properties, installations, buildings, bases or 
parks. Additionally, this bill clearly defines 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 enhance the security of the American public. 
By enabling qualified active duty and retired law enforcement officers 
to carry firearms, even if

[[Page S1819]]

off-duty, more trained law enforcement officers will be on the street 
to enforce the law and to respond to crises.
  I urge my colleagues to vote in favor of the passage of this 
important piece of legislation to provide that extra layer of 
protection to current and retired law enforcement officers, their 
families, and the public.
                                 ______