[Congressional Record Volume 150, Number 92 (Wednesday, July 7, 2004)]
[Senate]
[Pages S7772-S7773]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2004

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 599, H.R. 218.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 218) 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.

  There being no objection, the Senate proceeded to consider the bill.

  Mr. LEAHY. Mr. President, I am pleased that the Senate is taking up 
and passing today the Law Enforcement Officers Safety Act, H.R. 218, 
which was passed overwhelmingly by the House last month by voice vote. 
I have waited a long time to see this action taken.
  I want to pay special thanks to Congressman Randy ``Duke'' 
Cunningham, the author of this bill, and my good friend Senator 
Campbell, with whom I cosponsored the Senate companion bill, S. 253, 
for their leadership and fortitude while negotiating this legislation. 
Without their perseverance and commitment, passage of this bill would 
not have happened. In fact, Representative Cunningham has been 
tirelessly working for over a decade to push this legislation, and I 
commend him for his dedication to making our communities safer and 
providing better protection for our law enforcement personnel.
  During his time in the Senate, Senator Campbell has been a leader in 
the area of law enforcement and brings with him invaluable experience. 
As a former deputy sheriff, he knows the difficulties and dangers 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, 2000 and 2003. It has been a privilege 
working with him on our bipartisan Law Enforcement Officers Safety Act.
  Law enforcement officers are never ``off-duty.'' They are dedicated 
public servants trained to uphold the law and keep the peace. To enable 
law enforcement officers nationwide to be prepared to answer a call to 
duty no matter where, when or in what form it comes, I am proud to join 
Senator Campbell and 69 other cosponsors, including Judiciary Chairman 
Hatch, Democratic Leader Daschle, Assistant Democratic Leader Reid, 
Majority Leader Frist and Assistant Majority Leader McConnell, on the 
Senate version of the Law Enforcement Officers Safety Act, S. 253, 
which was reported out of the Senate Judiciary Committee in March 2003 
by a vote of 18 to 1. Both H.R. 218 and S. 253 will permit off-duty and 
retired law enforcement officers to carry a firearm and be prepared to 
assist in dangerous situations.
  These bills are strongly supported by the Fraternal Order of Police, 
FOP, the National Association of Police Organizations, NAPO, the 
Federal Law Enforcement Officers Association, FLEOA, the International 
Brotherhood of Police Officers, IBPO, the Law Enforcement Alliance of 
America, and the National Law Enforcement Council.
  I was honored to work closely on this measure with the former FOP 
national president, Lieutenant Steve Young, whose death last year was a 
sad loss for us all. 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 public 
safety arise. I have continued my close work with the FOP and current 
national president, Major Chuck Canterbury, to make this legislation 
law.
  Community policing and the outstanding work of so many law 
enforcement officers play a vital role in our crime control efforts. 
Unfortunately, during the past few years the downward trend in violent 
crime--specifically murder--ended and violent crime rates have turned 
upward. The FBI has reported that while preliminary numbers show that 
violent crime overall declined slightly in the first half of 2003, 
murders increased by 1.3 percent compared with the year before.

[[Page S7773]]

  There are more than 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 17,200 law enforcement officers killed 
in the line of duty. Over 1,700 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 while taking law 
enforcement action in an off-duty capacity. On average, more than 
62,000 law enforcement officers are assaulted annually.
  The Law Enforcement Officers Safety Act creates a mechanism by which 
qualified active-duty law enforcement officers would be permitted to 
travel interstate with a firearm, subject to certain limitations, 
provided that officers are carrying their official badges and 
photographic identification. An active-duty officer may carry a 
concealed firearm under this measure if he or she is authorized to 
engage in or supervise any violation of law; is authorized to use a 
firearm by the agency, meets agency standards to regularly use a 
firearm; and is not prohibited from carrying by Federal, State or local 
law. This measure would not interfere with any officer's right to carry 
a concealed firearm on private or government property while on duty or 
on official business.
  Off-duty and retired officers should also be permitted to carry their 
firearms across State and other jurisdictional lines, at no cost to 
taxpayers, in order to better serve and protect our communities. H.R. 
218 would permit qualified law enforcement officers and qualified 
retired law enforcement officers across the nation to carry concealed 
firearms in most situations. It preserves any State law that restricts 
concealed firearms on private property and any State law that restricts 
the possession of a firearm on State or local government property.
  To qualify for the measure's exemptions to permit a qualified off-
duty law enforcement officer to carry a concealed firearm, 
notwithstanding the law of the State or political subdivision of the 
State, he or she must have authority to use a firearm by the law 
enforcement agency where he or she works; not be subject to any 
disciplinary action; satisfy every standard of the agency to regularly 
use a firearm; not be prohibited by Federal law from receiving a 
firearm; and carry a photo identification issued by the agency. The 
bill preserves any State law that restricts concealed firearms on 
private property, and any State law that restricts the possession of a 
firearm on State or local government property or park.
  For a retired law enforcement officer to qualify for exemption from 
State laws that prohibit the carrying of concealed firearms, he or she 
must have retired in good standing; have been qualified by the agency 
to carry or use a firearm; have been employed at least fifteen years as 
a law enforcement officer unless forced to retire due to a service-
connected disability; have a non-forfeitable right to retirement plan 
benefits of the law enforcement agency; meet the same State firearms 
training and qualifications as an active officer; not be prohibited by 
Federal law from receiving a firearm; and be carrying a photo 
identification issued by the agency. Preserved would be any State law 
that permits restrictions of concealed firearms on private property, as 
well as any State law that restricts the possession of a firearm on 
State or local government property or park.
  Last month, during the House Judiciary Committee markup of H.R. 218, 
amendments were accepted to bar officers or retired police from 
carrying arms in other jurisdictions if they are under the influence of 
alcohol or other intoxicating or hallucinatory drug or substance, and 
to require retired police to have proof they received arms training in 
the previous year before being permitted to carry concealed weapons. 
The bill was then reported out of Committee by a vote of 23 to 9 and 
passed overwhelmingly by the House.
  Convicted criminals often have long and exacting memories. A law 
enforcement officer is a target in uniform and out, active or retired, 
on duty or off duty. The bipartisan Law Enforcement Officers Safety Act 
is designed to establish national measures of uniformity and 
consistency to permit trained and certified on duty, off duty or 
retired law enforcement officers to carry concealed firearms in most 
situations so that they may respond immediately to crimes across State 
and other jurisdictional lines, as well as to protect themselves and 
their families from vindictive criminals.
  I urge the Senate to take up and pass the bipartisan, commonsense Law 
Enforcement Officers Safety Act, H.R. 218, as amended and passed by the 
House, to make our communities safer and better to protect law 
enforcement officers and their families.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H. R. 218) was read the third time and passed.

                          ____________________