[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 13570-13571]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  LAW ENFORCEMENT OFFICERS SAFETY ACT

  Mr. LEAHY. Mr. President, I am pleased to note the House passage 
today of the Law Enforcement Officers Safety Act, H.R. 218, by voice 
vote. This action has been a long time in coming. Representative Randy 
``Duke'' 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. I ask that the Senate follow suit and quickly 
take up and pass the House bill.
  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--my good friend and a knowledgeable Senate leader on 
law enforcement issues--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,

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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 ended and violent crime rates have turned upward. The FBI has 
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 by 2.1 percent, compared with the 
year before.
  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 prohibiting 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 15 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 week, 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. The 
bill was passed overwhelmingly by the House earlier today by voice 
vote.
  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 look forward to the Senate approving this bipartisan, commonsense 
measure today to make our communities safer and to better protect law 
enforcement officers and their families.

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