[House Report 105-819]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-819
_______________________________________________________________________


 
                    COMMUNITY PROTECTION ACT OF 1998

                                _______
                                

October 14, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 218]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     7
Committee Consideration..........................................     7
Vote of the Committee............................................     7
Committee Oversight Findings.....................................     7
Committee on Government Reform and Oversight Findings............     7
New Budget Authority and Tax Expenditures........................     7
Congressional Budget Office Estimate (CBO Letter)................     7
Constitutional Authority Statement...............................     9
Section-by-Section Analysis and Discussion.......................     9
Changes in Existing Law Made by the Bill, as Reported............    12
Dissenting Views.................................................    16

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Community Protection Act of 1998''.

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 at all 
        times;
          ``(3) is not the subject of any disciplinary action by the 
        agency; and
          ``(4) meets standards, if any, established by the agency 
        which require the employee to regularly qualify in the use of a 
        firearm.
  ``(d) The identification required by this subsection is the official 
badge and photographic identification issued by the governmental agency 
for which the individual is employed as a law enforcement officer.''.
  (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 5 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 or, if the 
        agency requires active duty officers to do so with lesser 
        frequency than every 12 months, during such most recent period 
        as the agency requires with respect to active duty officers, 
        has completed, at the expense of the individual, a program 
        approved by the State for training or qualification in the use 
        of 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 State in which the agency for which the 
individual was employed as a law enforcement officer is located.''.
  (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.''.

SEC. 4. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED 
                    FIREARMS.

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

``Sec. 926D. National standard for the carrying of certain concealed 
                    firearms

  ``(a)(1) Notwithstanding any residency requirement imposed by or 
under State law, a person who is not a resident of a State may carry a 
concealed firearm in the State, subject to the other laws of the State, 
if--
          ``(A) the person is not prohibited by Federal law from 
        possessing, transporting, shipping, or receiving a firearm;
          ``(B) the firearm has been shipped or transported in 
        interstate or foreign commerce;
          ``(C) the person is carrying a valid license or permit 
        which--
                  ``(i) is issued by a State designated under 
                subsection (b) as a Class I State or a Class II State; 
                and
                  ``(ii) permits the person to carry a concealed 
                firearm in such Class I or Class II State; and
          ``(D)(i) the State is designated under subsection (b) as a 
        Class I State; or
          ``(ii) the State is designated under subsection (b) as a 
        Class II State, and has transmitted to the Attorney General a 
        declaration, not subsequently withdrawn or rescinded, by the 
        Governor or other chief executive officer of the State, that, 
        for purposes of this section--
                  ``(I) the State will treat a permit which meets the 
                requirements of subparagraph (C) as if the permit were 
                issued by the State; and
                  ``(II) such officer is not prohibited by State law 
                from making such a declaration.
  ``(2) Within 7 days after the Attorney General receives a declaration 
described in paragraph (1)(D)(ii), or a revocation of such a 
declaration, the Attorney General shall publish in the Federal Register 
a notice advising the public of the terms and effective date of the 
declaration or revocation for purposes of this section.
  ``(b)(1) Not later than 90 days after the date of the enactment of 
this section, the Attorney General shall--
          ``(A) designate a State as a Class I State if the State is 
        required to issue a license or permit to carry a concealed 
        firearm to any person who meets criteria established in law or 
        regulation, or if the meeting of such criteria by a person is 
        sufficient to permit the person to carry a concealed firearm; 
        and
          ``(B) designate a State as a Class II State if the State is 
        authorized but not required to issue a license or permit to 
        carry a concealed firearm to any person who meets criteria 
        established in law or regulation.
  ``(2)(A) On authorization of the legislature of a State, the chief 
executive officer of the State may transmit to the Attorney General 
notice that, as a result of a change in State law, the designation in 
effect with respect to the State under this subsection is no longer 
clearly warranted.
  ``(B)(i) Within 7 days after being informed of any change in law 
which warrants the redesignation of a State under this subsection, the 
Attorney General shall redesignate the State, as appropriate, and 
publish notice of the redesignation in the Federal Register.
  ``(ii) For purposes of this section, a redesignation shall take 
effect upon publication under clause (i) of notice of the 
redesignation.
  ``(c) The Attorney General shall commence an ongoing and regular 
compilation of all State laws, and where applicable, Federal laws, 
relating to the lawful carrying of concealed firearms by private 
citizens, and publish on an annual basis the same for use by the 
public.
  ``(d) As used in this section:
          ``(1) The term `State' means any State, district, 
        commonwealth, or territory of the United States.
          ``(2) The term `Attorney General' means the Attorney General 
        of the United States.
          ``(3) The term `concealed firearm' does not include a machine 
        gun or destructive device.
  (b) Clerical Amendment.--The table of sections for such chapter is 
further amended by inserting after the item relating to section 926C 
the following:

``926D. National standard for the carrying of certain concealed 
firearms.''.

                          Purpose and Summary

    H.R. 218, the ``Community Protection Act of 1998,'' 
establishes federal regulations and procedures which may allow 
active-duty and retired law enforcement officers, as well as 
lawful citizens with a valid concealed carry permit, to travel 
interstate with a firearm. The legislation balances the rights 
of citizens with the need for public safety.
    For law enforcement officers, H.R. 218 creates strict 
guidelines which must be met before any law enforcement 
officer, active-duty or retired, may carry a firearm into 
another state. For non-law enforcement officers, H.R. 218 
establishes a national standard which recognizes the individual 
autonomy of the fifty states. The legislation allows for a 
person of one state to carry a concealed firearm into another 
state, but subject to restrictions and only after the United 
States Attorney General makes an appropriate designation.
    Specifically, H.R. 218 requires the United States Attorney 
General to designate a state as a Class I or Class II state, 
for the purposes of establishing a national standard for the 
carrying of concealed firearms. A Class I state is defined as 
any state which is required to issue a license or permit to any 
person who meets the state's established criteria for the 
issuance of such a license or permit. A Class II state is 
defined as any state which authorizes, but does not require, 
the issuance of a license or permit to carry a concealed 
firearm to any person who meets the state's established 
criteria. A person with a valid Class I license or permit will 
be permitted to carry only in another Class I state. It is left 
to the individual discretionary permit Class II states to 
choose when to recognize a sister state's concealed carry 
permit laws.

                Background and Need for the Legislation

    Currently, United States citizens face a complex patchwork 
of federal, state and local laws regarding the carrying of 
concealed firearms. H.R. 218 addresses that patchwork, and 
establishes some measures of uniformity and consistency.
    Due to the myriad of state and local laws, federal law 
already address one circumstance under which a citizen may 
carry a concealed firearm interstate. Section 926A of title 18, 
United States Code, allows any person who is not otherwise 
prohibited under the federal criminal code from transporting, 
shipping, or receiving a firearm, to transport a firearm from 
any place the person may lawfully possess it to any place the 
person may lawfully possess it. During transportation, such 
firearm must be unloaded, and neither the firearm nor the 
ammunition may be directly accessible from the passenger 
compartment. For vehicles without separate trunk space, the 
firearm or ammunition must be locked in a container other than 
the glove compartment. Thus, federal law serves to provide for 
a more uniform policy for the interstate transportation of 
concealed firearms.
    In an effort to provide further assistance to citizens who 
wish to travel with a valid concealed carry permit, H.R. 218 
establishes a mechanism by which law enforcement officers, and 
citizens with valid permits, may travel interstate with a 
firearm. Qualified active-duty law enforcement officers will be 
permitted to travel interstate with a firearm, subject to 
certain limitations and provided that the officer is carrying 
his or her official badge and photographic identification. 
Generally, an active-duty officer is a qualified officer under 
H.R. 218 if the officer is authorized to engage in or supervise 
any violation of law, is authorized to carry a firearm at all 
times, is not subject to any disciplinary action by the agency, 
and meets any agency standards with respect to qualification 
with a firearm. A qualified active-duty officer may not carry a 
concealed firearm on any privately owned lands, if the owner 
prohibits or restricts such possession. A qualified officer may 
also not carry a firearm on any state or local government 
property, installation, building, base, or park. However, in 
their official capacity, law enforcement officers are permitted 
to carry weapons whenever federal, state, or local law allows. 
This legislation is not intended to interfere with any law 
enforcement officer's right to carry a concealed firearm, on 
private or government property, while on duty or in the course 
of official business.
    A qualified retired officer may carry a concealed firearm, 
subject to the same restrictions as active-duty officers, with 
a few additional requirements. A retired officer must have 
retired in good standing, have a nonforfeitable right to 
collect benefits under a retirement plan, and have been 
employed before retirement for an aggregate of five years or 
more, unless forced to retire due to a service-related injury. 
In addition, a qualified retired officer must complete a state-
approved firearms training or qualification course at his or 
her own expense.
    As noted above, H.R. 218 also establishes a national 
standard for the carrying of concealed firearms by private 
citizens. The United States Attorney General is directed to 
classify a state as a Class I or Class II state. Class I 
states, often referred to as ``shall-issue states,'' must 
recognize their sister states concealed carry laws. Class II 
states, often referred to as ``discretionary-issue states,'' 
may choose to recognize another state's concealed carry permits 
or licenses. A Class II state may choose to recognize another 
state's concealed carry laws. H.R. 218 establishes a mechanism 
by which the Governor of a Class II state can notify the 
Attorney General of the United States that such state will 
treat a concealed carry permit from another state as valid. 
TheAttorney General prints the Governor's notification in the Federal 
Register. The notification can be revoked or rescinded at any time the 
state chooses. Thus, it is left to the individual discretionary permit 
Class II states to choose when to recognize a sister state's concealed 
carry permit laws.
    The Attorney General is given ninety days to review state 
laws to determine whether a state is a Class I or Class II 
state. Many Class I states have similar, but not identical, 
concealed carry permit laws, and thus the Attorney General is 
in the best position to determine which states will qualify 
under the definition of a Class I state. The Committee knows of 
thirty states which may qualify as Class I states,\1\ but as 
states can amend their laws at any time, the Attorney General 
should carefully review all states' laws before making a 
determination. Although Class II states have the option of 
permitting a citizen from another state to carry a concealed 
weapon in that state, the Attorney General is nevertheless 
expected to make as careful a review and determination for 
classification of Class II states. The bill does not affect any 
state which does not provide a mechanism by which its own 
citizens may carry a concealed weapon. The Committee intends 
that states which are classified as neither Class I nor Class 
II by the United States Attorney General are therefore not 
impacted by the national standard for private citizens 
provisions of this legislation.
---------------------------------------------------------------------------
    \1\ The thirty states are Alabama, Alaska, Arizona, Arkansas, 
Connecticut, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, 
Maine, Mississippi, Montana, Nevada, New Hampshire, North Carolina, 
North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South 
Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and 
Wyoming.
---------------------------------------------------------------------------
    The Committee is aware of recent studies which indicate 
that laws which permit private citizens to carry concealed 
firearms act as a deterrent to crime. A well-known study 
regarding concealed carry laws and a correlational decrease in 
crime was published in the Journal of Legal Studies in 1997. 
The study, entitled ``Crime, Deterrence and Right-to-Carry 
Concealed Handguns,'' was conducted by Professor John R. Lott, 
Jr. and Professor David B. Mustard from the University of 
Chicago, and indicated marked decreases in a wide range of 
violent crimes, including murder, rape, robbery and aggravated 
assault, in those states which passed concealed carry firearms 
laws. Specifically, the research indicated that, if states 
adopted concealed carry handgun laws in 1992, approximately 
1500 murders and over 4000 rapes would have been avoided. The 
study also found that states with the largest increases in gun 
ownership also had the largest drops in violent crime. The 
Committee is aware that the University of Chicago study has 
been criticized, but Professors Lott and Mustard have made 
their findings available to all groups for review and 
duplication, and they remain committed to their conclusions.
    The study also noted that there is no statistical 
correlation between a state's concealed carry laws and 
accidental deaths with firearms. Additionally, according to a 
November, 1997 issue brief by the National Center for Policy 
Analysis, the national rate of accidental firearms deaths has 
declined annually, despite an increase in firearm ownership. 
The fatal firearm accident rate has declined to approximately 
.5 per every 100,000 people, a decrease of more than 19% in the 
last decade.
    The Fraternal Order of Police, the Law Enforcement Alliance 
of America, the Southern States Police Benevolent Association, 
and the Federal Law Enforcement Officers Association support 
passage of this legislation.

                                Hearings

    The Committee's Subcommittee on Crime held one day of 
hearings on ``Interstate Carrying of Concealed Firearms by Law 
Enforcement Officials,'' on July 22, 1997. Testimony was 
received from seven witnesses, representing eight 
organizations.

                        Committee Consideration

    On June 19, 1998, the Subcommittee on Crime met in open 
session and ordered reported favorably H.R. 218, by a vote of 
7-2, a quorum being present. On August 4, 1998, the Committee 
met in open session and ordered reported favorably the bill 
H.R. 218 without amendment by voice vote, a quorum being 
present.

                         Vote of the Committee

    There were no recorded votes.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets forth 
H.R. 218, the following estimate and comparison prepared by the 
Director of the Congressional Budget Office under section 403 
of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 11, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 218, the Community 
Protection Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for this 
estimate are Mark Grabowicz (for federal costs), and Lisa Cash 
Driskill (for the state and local impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 218--Community Protection Act of 1998

    Summary: H.R. 218 would exempt certain current and former 
law enforcement officers from state laws that prohibit the 
carrying of concealed firearms. This legislation also would 
establish a national standard for the carrying of concealed 
firearms across state lines by civilians. The bill would direct 
the Attorney General to publish relevant changes in state 
regulations in the Federal Register and to publish an annual 
report on state and federal laws relating to the carrying of 
firearms by private citizens.
    CBO estimates that implementing this legislation would cost 
the federal government less than $500,000 annually, assuming 
the availability of appropriated funds. The bill would not 
affect direct spending or receipts, so pay-as-you-go procedures 
would not apply.
    H.R. 218 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that 
the costs would not be significant and would not exceed the 
threshold established by that act ($50 million in 1996, 
adjusted annually for inflation). This bill contains no new 
private-sector mandates as defined in UMRA.
    Estimated cost to the Federal Government: Assuming the 
availability of appropriated funds, CBO estimates that 
implementing H.R. 218 would cost less than $500,000 annually. 
The costs would be incurred by the Department of Justice, 
primarily to prepare the required reports on state and federal 
laws relating to the carrying of firearms by private citizens.
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
H.R. 218 contains intergovernmental mandates as defined in 
UMRA, but CBO estimates that the costs would not be significant 
and would not exceed the threshold established by that act ($50 
million in 1996, adjusted annually for inflation). The bill 
would establish national standards for carrying concealed 
firearms and would thereby preempt state laws governing such 
weapons. First, all states would be required to allow any 
qualified current or retired law enforcement officer to carry a 
concealed firearm without obtaining a permit or providing 
notification. Second, the bill would direct the Attorney 
General to designate states as Class I--those that must provide 
a firearm permit to people who meet minimum qualifications 
(referred to as ``shall issue'' states), or Class II--those 
that are authorized to issue firearm permits only under certain 
circumstances. The bill would require the 29 states likely to 
be designated as Class I to accept firearm permits from all 
Class I and Class II states.
    In many ``shall issue'' states, applicants currently must 
obtain safety training and undergo background checks before 
receiving a firearm permit. This bill would require such states 
with strict requirements to accept firearm permits from states 
with limited or no safety training and background checks. The 
governors of the 13 states likely to be designated as Class II 
would not be required to accept the national standard. Eight 
states would not be affected by the bill--seven that do not 
allow the carrying of a concealed weapon and one that allows it 
but requires no permit.
    Based on information from affected states, CBO expects that 
the only direct cost associated with these mandates would be 
the loss of revenue from firearm permit fees currently 
generated in Class I states from nonresidents and from 
qualified retired police officers. (UMRA includes in its 
definition of the direct costs of a mandate the amounts that 
state, local, and tribal governments would be prohibited from 
raising in revenue.) For a number of reasons, CBO estimates 
that revenue losses are likely to be small in each of the five 
years after the bill's enactment. First, the cost of a firearm 
permit is small, ranging from zero to $140, and relatively few 
permits are issued to nonresidents. Second, many states already 
have reciprocity agreements with states that have similar 
requirements for safety training and background checks. 
Furthermore, several states do not charge retired resident law 
enforcement officers for firearm permits. In states that do, 
the forgone revenue would be negligible. Finally, because 
permit fees are often used to fund the administration of state 
firearm permit programs, any loss of income from fees would 
likely be at least partially offset by a reduction in 
administrative costs.
    Estimated impact on the private sector: H.R. 218 contains 
no new private-sector mandates as defined in UMRA.
    Estimated prepared by: Federal Costs: Mark Grabowicz. 
Impact on State, Local, and Tribal Governments: Lisa Cash 
Driskill.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, Section 8 of the Constitution.

                      Section-by-Section Analysis

    Sec. 1 Short Title: This section states that this Act may 
be cited as the ``Community Protection Act of 1998.''
    Sec. 2. Exception of Qualified Law Enforcement Officers 
From State Laws Prohibiting the Carrying of Concealed Firearms: 
This section creates new Sec. 926B, ``Carrying of concealed 
firearms by qualified law enforcement officers,'' in title 18, 
United States Code. Section 926B authorizes qualified active-
duty law enforcement officers who are carrying appropriate 
identification to carry a concealed firearm subject to certain 
restrictions. The identification required is the official badge 
and photographic identification issued by the governmental 
agency for which the individual is employed as a law 
enforcement officer.
    Law enforcement officers are ``qualified'' under this 
section if they: (1) are 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 have statutory powers of arrest; (2) are 
authorized by the law enforcement agency to carry a firearm at 
all times; (3) are not subject to any disciplinary action by 
the agency; and (4) meet established agency standards, if any, 
which require employees to regularly qualify in the use of a 
firearm. Thus, all law enforcement officers who meet all four 
of the above requirements, regardless of such person's job 
title or the location of the agency, may carry a concealed 
firearm interstate. Each law enforcement officer must have 
specific arrest authority in the jurisdiction in order to 
qualify under this section.
    Sec. 3. Exemption of Qualified Retired Law Enforcement 
Officers From State Laws Prohibiting the Carrying of Concealed 
Firearms: This section creates new Sec. 926C, ``Carrying of 
concealed firearms by qualified retired law enforcement 
officers,'' in title 18, United States Code. Section 926C 
authorizes qualified retired law enforcement officers who are 
carrying appropriate identification to carry a concealed 
firearm subject to certain restrictions. The identification 
required is the official photographic identification issued by 
the state in which the agency for which the individual was 
employed as a law enforcement officer is located. The Committee 
understands that not every state issues a separate, 
photographic identification to retired law enforcement 
officers. Therefore, the Committee intends that any official 
photographic badge issued by the law enforcement agency from 
which the officer retired will be acceptable as proper 
photographic identification under this section.
    Retired law enforcement officers are ``qualified'' under 
this section if they: (1) retired in good standing, other than 
for reasons of mental instability; (2) before such retirement, 
were authorized by law engage in or supervise the prevention, 
detection, investigation, or prosecution of, or the 
incarceration of any person for, any violation of law, and have 
statutory powers of arrest; (3) before such retirement, were 
regularly employed as law enforcement officers for an aggregate 
of five years or more, or retired due to a service-connected 
disability, as determined by the agency, after completing any 
applicable probationary period; (4) had a nonforfeitable right 
to benefits under the agency's retirement plan; and (5) during 
the most recent 12-month period or, if the agency requires 
active duty officers to do so with lesser frequency than every 
12 months, during such most recent period as the agency 
requires with active-duty officers, has completed or will 
complete, at personal expense, a program approved by the state 
for the training or qualification in the use of firearms. In 
addition, all persons who wish to carry a concealed firearm 
interstate must not be prohibited by federal law from receiving 
a firearm. Each retired law enforcement officer must have had 
specific arrest authority in his or her jurisdiction in order 
to qualify under this section.
    The Committee requires that all officers must serve an 
aggregate of five years, to ensure that persons are not joining 
a police force under pretext, and retiring one or two years 
later with the authority to carry a concealed firearm into any 
state. This section is not intended to create a cohort of 
highly paid personal security officers, sanctioned by the 
federal government to carry a firearm interstate. This section 
is intended to increase the number of trained law enforcement 
officers on the streets, as well as afford police officers the 
opportunity to defend themselves from those who would harm them 
or their families simply because they carry a badge. The 
Committee is aware of situations in which retired officers were 
harmed or killed because a perpetrator discovered the retired 
officer's badge or shield.
    Sec. 4. National Standard for the Carrying of Certain 
Concealed Firearms: This section creates new Sec. 926D, 
``National standard for the carrying of certain concealed 
firearms,'' in title 18, United States Code. This section 
allows the interstate carrying of concealed firearms by lawful 
license or permit holders, subject to specified restrictions.
    Under subsections (a)(1)(A) and (B), a person who is not a 
resident of a state may carry a concealed weapon in that state, 
subject to that state's laws, if the person is not prohibited 
under federal law from possessing, transporting, shipping or 
receiving a firearm, and the firearm has been shipped or 
transported in interstate or foreign commerce. In addition, 
under (a)(1)(C), the person must be carrying a valid license 
which was issued by a state designated under subsection(b) as a 
Class I or Class II state, and permits the person to carry a concealed 
firearm in such Class I or Class II state. Also, under subsection 
(a)(1)(D), the state the person wishes to carry in must be a Class I 
state, or a Class II state designated under subsection (b), which has 
transmitted to the Attorney General a declaration, not subsequently 
withdrawn or rescinded, by the Governor or other chief executive 
officer of that state, that the state will treat a permit which meets 
the requirements of (C) as if the permit were issued by that state. The 
Governor or chief executive officer must not be prohibited by state law 
from making such a declaration. Within seven days after receiving such 
a declaration from a state Governor or chief executive officer, the 
United States Attorney General shall publish a notice in the Federal 
Register, advising the public of the term and effective date of the 
declaration, or revocation of the declaration, for purposes of this 
section.
    Subsection (b)(1) requires the Attorney General to 
designate a state as a Class I or Class II state not later than 
ninety days after enactment of this Act. Class I states, often 
referred to as ``shall-issue states,'' must recognize their 
sister states' concealed carry laws. A state is a Class I state 
if the state is required to issue a license or permit to carry 
a concealed firearm to any person who meets criteria in law or 
regulation, or if the meeting of such criteria by a person is 
sufficient to permit the person to carry a concealed firearm. 
Thus, states which allow citizens to carry concealed firearms 
without requiring a permit or license would qualify as Class I 
states. A state is a Class II state, often referred to as 
``discretionary-issue state,'' if the state is authorized, but 
not required, to issue a license or permit to any person who 
meets criteria established in law or regulation.
    On authorization of the legislature of a state, the chief 
executive officer of the state may transmit to the Attorney 
General notice that, as a result of a change in state law, the 
designation in effect with respect to that state is no longer 
warranted. Within seven days of being so informed, the Attorney 
General shall redesignate the state, as appropriate, and 
publish notice of the redesignation in the federal register. In 
accordance with such changes, the Attorney General is directed 
to commence a regular and ongoing compilation of all state 
laws, and where applicable, federal laws, relating to the 
lawful carrying of firearms by private citizens. The Attorney 
General shall annually publish such a compilation.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (new matter is printed 
in italic and existing law in which no change is proposed is 
shown in roman):

               CHAPTER 44 OF TITLE 18, UNITED STATES CODE

                          CHAPTER 44--FIREARMS

Sec.
921.  Definitions.
     * * * * * * *
926A.  Interstate transportation of firearms.
926B.  Carrying of concealed firearms by qualified law enforcement 
          officers.
926C.  Carrying of concealed firearms by qualified retired law 
          enforcement officers.
926D.  National standard for the carrying of certain concealed firearms.

           *       *       *       *       *       *       *


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 at 
        all times;
          (3) is not the subject of any disciplinary action by 
        the agency; and
          (4) meets standards, if any, established by the 
        agency which require the employee to regularly qualify 
        in the use of a firearm.
  (d) The identification required by this subsection is the 
official badge and photographic identification issued by the 
governmental agency for which the individual is employed as a 
law enforcement officer.

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 5 
        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 or, if the 
        agency requires active duty officers to do so with 
        lesser frequency than every 12 months, during such most 
        recent period as the agency requires with respect to 
        active duty officers, has completed, at the expense of 
        the individual, a program approved by the State for 
        training or qualification in the use of 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 State in which the 
agency for which the individual was employed as a law 
enforcement officer is located.

Sec. 926D. National standard for the carrying of certain concealed 
                    firearms

  (a)(1) Notwithstanding any residency requirement imposed by 
or under State law, a person who is not a resident of a State 
may carry a concealed firearm in the State, subject to the 
other laws of the State, if--
          (A) the person is not prohibited by Federal law from 
        possessing, transporting, shipping, or receiving a 
        firearm;
          (B) the firearm has been shipped or transported in 
        interstate or foreign commerce;
          (C) the person is carrying a valid license or permit 
        which--
                  (i) is issued by a State designated under 
                subsection (b) as a Class I State or a Class II 
                State; and
                  (ii) permits the person to carry a concealed 
                firearm in such Class I or Class II State; and
          (D)(i) the State is designated under subsection (b) 
        as a Class I State; or
          (ii) the State is designated under subsection (b) as 
        a Class II State, and has transmitted to the Attorney 
        General a declaration, not subsequently withdrawn or 
        rescinded, by the Governor or other chief executive 
        officer of the State, that, for purposes of this 
        section--
                  (I) the State will treat a permit which meets 
                the requirements of subparagraph (C) as if the 
                permit were issued by the State; and
                  (II) such officer is not prohibited by State 
                law from making such a declaration.
  (2) Within 7 days after the Attorney General receives a 
declaration described in paragraph (1)(D)(ii), or a revocation 
of such a declaration, the Attorney General shall publish in 
the Federal Register a notice advising the public of the terms 
and effective date of the declaration or revocation for 
purposes of this section.
  (b)(1) Not later than 90 days after the date of the enactment 
of this section, the Attorney General shall--
          (A) designate a State as a Class I State if the State 
        is required to issue a license or permit to carry a 
        concealed firearm to any person who meets criteria 
        established in law or regulation, or if the meeting of 
        such criteria by a person is sufficient to permit the 
        person to carry a concealed firearm; and
          (B) designate a State as a Class II State if the 
        State is authorized but not required to issue a license 
        or permit to carry a concealed firearm to any person 
        who meets criteria established in law or regulation.
  (2)(A) On authorization of the legislature of a State, the 
chief executive officer of the State may transmit to the 
Attorney General notice that, as a result of a change in State 
law, the designation in effect with respect to the State under 
this subsection is no longer clearly warranted.
  (B)(i) Within 7 days after being informed of any change in 
law which warrants the redesignation of a State under this 
subsection, the Attorney General shall redesignate the State, 
as appropriate, and publish notice of the redesignation in the 
Federal Register.
  (ii) For purposes of this section, a redesignation shall take 
effect upon publication under clause (i) of notice of the 
redesignation.
  (c) The Attorney General shall commence an ongoing and 
regular compilation of all State laws, and where applicable, 
Federal laws, relating to the lawful carrying of concealed 
firearms by private citizens, and publish on an annual basis 
the same for use by the public.
  (d) As used in this section:
          (1) The term ``State'' means any State, district, 
        commonwealth, or territory of the United States.
          (2) The term ``Attorney General'' means the Attorney 
        General of the United States.
          (3) The term ``concealed firearm'' does not include a 
        machine gun or destructive device.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    We oppose H.R. 218, the ``Community Protection Act of 
1998,'' as reported by the Committee. Although many of us 
support the provisions of the legislation which would allow 
current and former law enforcement officers to carry concealed 
weapons across state lines, we all strongly oppose amendments 
added at markup which allow private citizens licensed to carry 
weapons in one state to carry them in other states, even if the 
two states' licensing standards vary significantly.
    The problematic provisions of H.R. 218 (section 4) would 
require the U.S. Attorney General to designate states as either 
``Class I'' or ``Class II'' jurisdictions, depending on the 
nature of their laws regarding the issuance of permits to carry 
concealed firearms. A state would be designated a ``Class I'' 
state if its laws required it to issue a license or permit to 
carry concealed firearms to any person who met criteria 
established in law or regulation.\1\ A Class I state would be 
required to honor concealed firearms permits issued to private 
citizens by any other state. A state would be designated a 
``Class II'' state if its laws authorized, but did not require, 
it to issue a license or permit to carry concealed firearms to 
any person who met criteria established in law or 
regulation.\2\ Class II states would also be required to honor 
concealed firearms permits issued to private citizens by any 
other state if their Governors merely declared to the Attorney 
General that they wished to extend reciprocity to out-of-state 
concealed firearms permits. States that do not issue concealed 
firearms permits at all would not be subject to this national 
reciprocity scheme.\3\
---------------------------------------------------------------------------
    \1\ Class I states are commonly known as ``shall issue'' 
jurisdictions.
    \2\ Class II states are commonly known as ``may issue'' 
jurisdictions.
    \3\ E.g., Illinois, Kansas, Nebraska, New Mexico, Ohio, Missouri 
and Wisconsin do not allow private citizens to carry concealed 
firearms.
    Upon authorization of the state legislature, the Governor of a 
state may request that the Attorney General revise its designation as a 
Class I or Class II state when a change in state law resulted in its 
current designation being ``no longer clearly warranted.'' In turn, the 
Attorney General would be required to revise that state's designation 
if so warranted.
---------------------------------------------------------------------------
    Under H.R. 218, the 29 states that would likely be 
designated Class I states \4\ would have to honor concealed 
firearms permits issued to private citizens by any other state. 
Even if a Class I state had expressly declared by law or 
resolution that it would not honor certain or all out-of-state 
concealed firearms permits issued to private citizens, it would 
be forced to honor such permits by this bill. A Class I state 
could escape this mandatory reciprocity scheme only by amending 
its own law governing the issuance of concealed firearms 
permits in a manner that caused it to be re-designated as a 
Class II state or by outright banning the issuance of concealed 
firearms permits to its own private citizens.
---------------------------------------------------------------------------
    \4\ ``Shall issue'' jurisdictions appear to include Alaska, 
Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, 
Kentucky, Louisiana, Maine, Mississippi, Montana, Nevada, New 
Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, 
Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, 
Virginia, Washington, West Virginia and Wyoming.
---------------------------------------------------------------------------
    This obvious and sweeping intrusion on state sovereignty 
will not be welcome in many instances. Indeed, a number of 
Class I states have already expressly considered and rejected 
state legislation aimed at extending reciprocity to out-of-
state concealed firearms permits issued to private citizens. 
For example, in February of this year, South Dakota's state 
Senate rejected a proposal that would have extended reciprocity 
to out-of-state concealed pistol permits.\5\ Similarly, the 
Governors of Florida and Washington have recently vetoed bills 
allowing individuals with out-of-state concealed handgun 
licenses to carry concealed handguns in Florida and Washington 
respectively.
---------------------------------------------------------------------------
    \5\ ``Gun Legislation Causes Controversy,'' Yankton Daily Press & 
Dakotan (Feb. 26, 1998).
---------------------------------------------------------------------------
    The legislation also short-circuits the traditional 
legislative processes of the fourteen so-called Class II 
jurisdictions which would be required to honor concealed 
firearms permits \6\ issued to private citizens by any other 
state if its Governor simply notified the U.S. Attorney General 
that he or she wished the state to extend reciprocity to out-
of-state permits. In electing to participate in nationwide 
reciprocity, the Governor of a Class II state need not have 
secured passage of a state law expressly authorizing him or her 
to ``opt in'' on behalf of the state or even consult with the 
state's legislature. The state's legislature could prevent the 
Governor from unilaterally electing to honor out-of-state 
concealed firearms permits only by passing a law, presumably 
over the Governor's veto, expressly prohibiting the Governor 
from doing so.
---------------------------------------------------------------------------
    \6\ ``May issue'' jurisdictions appear to include Alabama, 
California, Connecticut, Delaware, the District of Columbia, Hawaii, 
Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New 
York and Rhode Island.
---------------------------------------------------------------------------
    H.R. 218 is opposed by a wide variety of law enforcement 
and police groups, including the International Brotherhood of 
Police Officers,\7\ the National Troopers Coalition,\8\ the 
American Federation of State, County and Municipal 
Employees,\9\ the Police Commissioner of New York City,\10\ the 
National Conference of Mayors and the National League of 
Cities,\11\ the International Association of Chiefs of 
Police,\12\ the Police Executive Research Forum,\13\ the 
National Organization of Black Law Enforcement Officers, the 
Hispanic American Police Command Officers Association, and the 
Major City Chiefs of Police. This legislation is also opposed 
by the American Bar Association, and various national and state 
public interest groups and religious organizations \14\ that 
are concerned with public safety and the increase in gun-
related crimes that will result if this legislation is passed.
---------------------------------------------------------------------------
    \7\ Letter to Chairman Henry Hyde, from Kenneth Lyons, National 
President of the International Brotherhood of Police Officers (Sept. 
10, 1998) (``The IBPO is disappointed that special interest groups have 
influenced this legislation that if passed would put police officers in 
more peril than they are now.'').
    \8\ Letter to Congressman Meehan, from James Rhinebarger, Chairman 
of the National Troopers Coalition (Sept. 11, 1998) (``The NTC strongly 
opposes the amendment to H.R. 218 that would include non-law 
enforcement holders for several reasons. The first and foremost is 
officer safety.'').
    \9\ Letter from Charles M. Loveless of the American Federation of 
State, County, and Municipal Employees, AFL-CIO, to Congressman Charles 
E. Schumer (July 31, 1998) (``We are concerned that the bill as amended 
would only serve to exacerbate the problem of violence in our 
communities.'').
    \10\ Letter from Howard Safir, Police Commissioner of the City of 
New York, to Chairman Henry Hyde (Aug. 3, 1998) (``A nationwide 
expansion of the ability to carry concealed weapons would severely 
undermine the efforts of state and local governments to control the 
flow of arms and minimize their use.'').
    \11\ The Interstate Carrying of Firearms By Law Enforcement 
Officials, 1997: Hearing on H.R. 218 before the House Subcomm. on 
Crime, 105th Cong. (Statement of Albert Eisenberg, County Commissioner 
of Arlington County, Virginia on behalf of the National League of 
Cities and the United States Conference of Mayors).
    \12\ Id. (Statement of Darrell Sanders, Chief of Police, Frankfort, 
Illinois and President of the International Association of Chiefs of 
Police).
    \13\ Id. (Statement of Chief John S. Farrell, Chief of Police of 
Prince George's County and Legislative Committee Chair of the Police 
Executive Research Forum).
    \14\ Letter from Church Women United, Jack Berman Advocacy Center 
of the American Jewish Congress, National Black Police Association, 
National Coalition Against Domestic Violence, National Council of 
Jewish Women, Trauma Foundation, The United Methodist Church, General 
Board of Church and Society, Violence Policy Center, Youth ALIVE!, 
Alaska Network on Domestic Violence and Sexual Assault, Arizona 
Coalition Against Domestic Violence, Orange County Citizens for the 
Prevention of Gun Violence, Atlanta-Fulton Commission on Children and 
Youth, Georgians for Children, Georgians United Against Violence, 
Hawaii State Coalition Against Domestic Violence, Illinois Council 
Against Handgun Violence, Man Challenging Violence, PAVE, Iowa 
Coalition Against Domestic Violence, Massachusetts Coalition of 
Battered Women's Service Groups, YWCA of Grand Rapids, New Yorkers 
Against Gun Violence, New York State Coalition Against Domestic 
Violence, The Northern Westchester Shelter, Inc., and Washington Cease-
fire, to Congressman Charles E. Schumer (Sept. 10, 1998) (``H.R. 218 is 
legislation based on the absurd notion that more guns leads to less 
crime. We strongly urge you to oppose its passage.'').
    Letter from the American Jewish Congress, American Medical Student 
Association, American Public Health Association, Americans for 
Democratic Action, Church of the Brethren, Washington Office, Coalition 
to Stop Gun Violence, Episcopal Peace Fellowship, Evangelical Lutheran 
Church in America, Office of Government Affairs, Handgun Control, Inc., 
Mennonite Central Committee, Washington Office, National Association of 
Public Hospitals and Health Systems, National Association of School 
Psychologists, National Association of Secondary School Principals, 
National Black Police Association, National Council of Catholic Women, 
National Council on Family Relations, Physicians for Social 
Responsibility, Presbyterian Church (U.S.A.), Washington Office, Union 
of American Hebrew Congregations, Unitarian Universalist Association of 
Congregations, United Church of Christ, Office for Church in Society, 
United Methodist Church, General Board of Church and Society, and the 
YWCA of the USA, to Chairman Henry Hyde (July 20, 1998) (``In the 
interest of public safety, please do not allow this dangerous 
legislation to become law. Oppose H.R.218, as amended.'').
---------------------------------------------------------------------------
    We will not cede to the divisive tactic of using the plight 
of law enforcement officers who should be entitled to carry 
weapons across state lines to secure the enactment of wholly 
unjustified and controversial language concerning private 
citizens. Indeed, we fear that this tactic will ultimately work 
to impede the chances for passage of any proposals affecting 
the carrying of concealed firearms by law enforcement officers 
during this Congress. For these and the other reasons set forth 
herein, we dissent from this legislation.

                    I. H.R. 218 Will Endanger Lives

    Allowing citizens who are permitted to carry concealed 
weapons in a state with weak gun control laws and safety 
requirements to carry a concealed weapon in a strict gun 
control state will lead to an increase in firearm accidents and 
crimes. Numerous studies demonstrate that there is a 
substantial increase in crime and arrest rates with relaxed 
concealed-carry laws. According to the Texas Department of 
Public Safety, from January 1, 1996 to October 9, 1997, Texas 
concealed carry permit holders were arrested for 946 crimes, 
including 263 felonies. In 1996, Texas concealed carry license 
holders were arrested for weapon-related offenses at a rate 22% 
higher than that of the general population aged 21 and older. 
In the first six months of 1997 alone, Texas' concealed carry 
licensee arrest rate was more than twice as high as that of the 
general population 21 years and older.\15\ More than 1600 Texas 
concealed carry permit holders have been arrested for state 
crimes since the law went into effect in 1996, many of which 
could have been prevented.
---------------------------------------------------------------------------
    \15\ Violence Policy Center, ``License to Kill Arrests Involving 
Texas Concealed Handgun License Holders'' (Jan. 1998).
---------------------------------------------------------------------------
    Similarly, a comprehensive analysis of Florida's concealed-
carry law indicates that since 1990 more than 690 individuals 
with serious criminal histories such as kidnaping, rape, and 
battery with a firearm applied for a concealed-carry permit. 
The study also indicates that 167 individuals were actually 
licensed, including those who had criminal histories of 
manslaughter and assault and battery on a police officer. 
Florida also revoked the licenses of 292 individuals for crimes 
they committed after received their license. With a total of 
469 individuals committing crimes either before or after 
obtaining a license, this evidence indicates that concealed-
carry can lead to more crime.\16\
---------------------------------------------------------------------------
    \16\ Violence Policy Center, ``Concealed Carry: The Criminal's 
Companion, Florida's Concealed Weapons Law--A Model for the Nation?'' 
(Nov. 1995).
---------------------------------------------------------------------------
    An additional study was conducted to examine the frequency 
of homicides in major urban areas of Florida, Mississippi, and 
Oregon, before and after their shall issue laws began which 
reveals an increase in firearm murders. This study indicates 
that in four out of five municipalities examined, there was an 
increase in the number of firearm-related homicides after 
concealed-carry laws were relaxed. Researchers found that gun 
related homicides increased by an average of 26%, while 
homicides by other means did not increase.\17\
---------------------------------------------------------------------------
    \17\ McDowall, Loftin and Wiersema, ``Easing Concealed Firearms 
Laws: Effects on Homicide in Three States,'' University of Maryland 
(March 1995).
---------------------------------------------------------------------------
    Proponents of the argument that relaxed concealed weapons 
laws lead to reduced crime often site the work of Dr. Lott and 
Mustard.\18\ However, researchers across the country who have 
evaluated the Lott/Mustard Study have found the conclusions 
unsubstantiated. For example, professors Nagin and Black \19\ 
have stated ``inference based on the Lott and Mustard model is 
inappropriate, and their results cannot be used responsibly to 
formulate public policy.'' Similarly, professors Webster, 
Vernick, Ludwig, and Lester have written ``the flaws in Lott 
and Mustard's study of shall-issue laws are so substantial, and 
the findings so at odds with criminology theory and research, 
that any conclusions about the effects . . . based on this 
study are dubious at best.\20\
---------------------------------------------------------------------------
    \18\ John R. Lott & David B. Mustard, ``Crime, Deterrence, and 
Right to Carry Concealed Handguns,'' 26 J. Leg. Stud 1 (1997).
    \19\ Dan A. Black & Daniel S. Nagin, ``Do Right-to-Carry Laws Deter 
Violent Crime?,'' 27 J. of Legal Studies 209 (Jan. 1998).
    \20\ Daniel W. Webster, John S. Vernick, Jens Ludwig, & Kathleen J. 
Lester, ``Flawed Gun Policy Research Could Endanger Public Safety,'' 87 
Am. J. of Public Health 918 (June 1997). See also, Jens Ludwig, 
``Concealed-Gun-Carrying Laws and Violent Crime: Evidence from State 
Panel Data,'' International Review of Law and Economics (draft date 
Jan. 25, 1998); Franklin Zimring & Gordon Hawkins, ``Concealed 
Handguns: The Counterfeit Deterrent,'' The Responsive Community 46 
(Spring 1997); Daniel W. Webster, ``The Claims that Right-to-Carry Laws 
Reduce Violent Crime are Unsubstantiated,'' The Johns Hopkins Center 
for Gun Policy and Research (March 1997); Albert W. Alschuler, ``Two 
Guns, Four Guns, Six Guns, More Guns: Does Arming the Public Reduce 
Crime?'' 31 Valp. Univ. L. Rev. 365 (Spring 1997). Among the many 
substantive and procedural flaws found in the Lott/Mustard study are:
    1. The status of concealed-carry laws in certain states were 
misclassified. Various states indicated in the Lott/Mustard study as 
having relaxed concealed-carry laws, actually allow some police 
discretion and were misclassified as ``shall-issue'' states. The 
central argument of any study concerning concealed-carry laws is the 
question of who is allowed to receive a permit. Adding local police 
discretion in providing permits as a crucial component in deciding who 
should and should not receive a permit, results in differentiating some 
``shall-issue'' states from others, which is not incorporated in the 
Lott/Mustard study.
    2. ``Shall-issue'' laws were initially adopted to deter street 
crime, including robbery. Lott & Mustard demonstrate that relaxing 
concealed-carry laws leads to a reduction in rapes and homicides, but 
had virtually no effect on robbery. A high percentage of rapes and 
homicides are committed inside a home, where concealed-carry laws would 
have no impact.
    3. Lott/Mustard claim that loosening concealed-carry laws will 
result in the reduction of certain types of violent crime and an 
increase in property crime. They support this theory by stating that 
criminals will substitute one crime for another. In other words, they 
claim that criminals intending to commit murder or rape will switch to 
stealing cars or knocking over vending machines.
    4. Lott & Mustard fail to account for other gun control initiatives 
designed to reduce crime. Some concealed-carry laws also included other 
changes in gun control such as waiting periods, background checks, and 
safety training, which have proven to reduce crime.
---------------------------------------------------------------------------

  II. H.R. 218 Conflicts with State Laws and Will Create Intractable 
                          Enforcement Problems

    H.R. 218 will provide a number of serious conflicts with 
state concealed weapons laws and policies and raise significant 
enforcement problems. Many states that have enacted laws 
extending some degree of reciprocity to out-of-state concealed 
firearms permits extend such reciprocity only when the issuing 
state's training requirements are as rigorous as their own. 
H.R. 218 totally ignores discrepancies between state training 
requirements, however, and thus sets an inappropriately low 
threshold for interstate reciprocity.
    Under H.R. 218, Class I states that mandate safety or 
hands-on training prior to awarding concealed firearms permits 
to private citizens would be required to honor concealed 
firearms permits issued by other states requiring little-to-
nothing in the way of such safety or hands-on training. In 
doing so, the bill permits the circumvention of training 
requirements that some Class I states have deemed essential to 
their allowing the carrying of concealed firearms within their 
borders--training requirements typically aimed at exposing the 
potential recipients of concealed firearms permits to some 
basic knowledge about how to use firearms, when it is lawful to 
use firearms, and how to store firearms safely.
    For example, assume that a private citizen received a 
concealed firearms permit only from Georgia--a Class II state 
that does not require any safety or hands-on training prior to 
issuing such a permit--and then traveled with his or her 
concealed and loaded firearm across the border into Florida. 
Florida is a Class I state that does require safety training 
(completion of one of a variety of safety or training courses) 
prior to issuing a concealed firearms permit. Under H.R. 218, 
even though Florida requires safety training prior to issuing a 
concealed firearms permit, it must allow the carrying of 
concealed firearms within its borders by private citizens 
licensed only by Georgia--which does not require safety and 
hands-on training.
    A similar problem may arise with respect to Class II states 
that require safety or hands-on training prior to issuing 
concealed firearms permits to private citizens. At the 
unilateral election of a Governor of such a state, it would 
have to honor concealed firearms permits issued to private 
citizens by other states with no safety or hands-on training 
requirements.
    In addition, states between which reciprocity would be 
mandated by H.R. 218 often differ in regard to the restrictions 
they impose on precisely where a concealed firearm may and may 
not be carried within their borders. Accordingly, a private 
citizen licensed by one state to carry a concealed firearm 
within its borders would not likely be familiar with other 
states' statutory prohibitions on carrying concealed firearms 
at certain sites.
    Again, an example should illustrate the perils of this 
policy. Assume that a private citizen received a concealed 
firearms permit only from Arizona--a Class I state that does 
not expressly restrict where concealed firearms may be 
carried--and then traveled with his or her concealed and loaded 
firearm across the border into Nevada. Nevada is a Class I 
state that expressly bans the carrying of concealed firearms in 
law enforcement facilities, prisons, courthouses, public or 
private school facilities, or on government. Under H.R. 218, 
even though that private citizen may not know about the many 
restrictions Nevada imposes on precisely where concealed 
firearms may be carried within its borders, he or she would be 
able to carry a concealed firearm in Nevada with impunity. A 
related problem is that many private citizens would undoubtedly 
carry concealed firearms into states which they believed were 
Class I states but were in fact Class II states whose Governors 
had not elected to extend reciprocity to out-of-state permits.
    Furthermore, upon encountering an out-of-state private 
citizen carrying a concealed and loaded firearm, a state or 
local police officer would have to ascertain whether that 
individual was properly licensed in his or her state of 
residence in order to determine whether the reciprocity 
mandated by H.R. 218 was applicable. That process will likely 
entail the officer's having to determine whether an out-of-
state concealed firearms permit he or she is inspecting is 
genuine and currently valid. Notably, this legislation does 
nothing to facilitate the development of the sort of interstate 
records-sharing systems which would obviously be essential to 
that officer's responsibilities in this regard.\21\
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    \21\ Indeed, Governor Gary Locke of Washington cited precisely this 
issue in explaining his veto of state reciprocity legislation, stating 
``the practical effect [of the reciprocity legislation] would be to 
require prosecutors to check with all 50 states in order to convict a 
person of violating our law against carrying a concealed handgun 
without a license. This is tantamount to repeal of the concealed 
handgun license law.'' See message of Governor Gary Locke accompanying 
veto of section 1 of Engrossed House Bill No. 1408, ``An act relating 
to the carrying of a concealed pistol by persons from another state'' 
(April 1, 1998).
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                               Conclusion

    Private citizens simply lack the training and experience in 
using deadly force and safely storing firearms that law 
enforcement officers have. Likewise, background checks required 
for the issuance of concealed firearms permits to private 
citizens are not even remotely as searching as those performed 
by law enforcement agencies examining prospective hires. Both 
of these factors make the carrying of concealed firearms by 
private citizens a far more dangerous proposition than the 
carrying of such firearms by current and former law enforcement 
officers. We urge the defeat of this dangerous legislation.

                                   John Conyers, Jr.
                                   Charles E. Schumer.
                                   Howard L. Berman.
                                   Jerrold Nadler.
                                   Bobby Scott.
                                   Zoe Lofgren.
                                   Sheila Jackson Lee.
                                   Maxine Waters.
                                   Marty Meehan.
                                   William D. Delahunt.
                                   Robert Wexler.

                                
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