H.R. 218: "Law Enforcement Officers' Safety Act"

What the bill does: The legislation exempts qualified active and retired law enforcement officers from State and local prohibitions on the carrying of concealed firearms.  What this means is that active and retired police officers will be able to carry their firearms virtually anywhere in the U.S. without having to worry about violating any local or State gun laws.

•  The bill is noncontroversial and enjoys wide, bipartisan support in both the House and the Senate.  The House bill currently has two hundred and ninety-three (293) cosponsors.  It was favorably reported by the Subcommittee on Crime, Terrorism, and Homeland Security by voice vote on 15 June, and was approved by the full Judiciary Committee on a 23-9 vote on 16 June.  In 1999, the House passed a nearly identical measure as an amendment to another bill by an overwhelming 372-53 majority.
• In March, the Senate companion bill to H.R. 218, S. 253, was offered as an amendment to another bill in March of this year and was approved on an overwhelming 91-8 vote.  The bill has seventy (70) cosponsors, and was favorably reported by the Judiciary Committee on an 18-1 vote in March 2003. 
• This isn't a "firearms issue"--it is an officer safety issue.  And, on 11 September 2001, it became a critical public safety and homeland security issue.
• Law enforcement officers need this bill--it is the number one issue among rank-and-file officers today. Police officers are frequently finding that they, and their families, are the targets of vindictive criminals.  A police officer may not  remember all the faces of all the criminals he or she has put behind bars, but every one of those criminals will.  This legislation gives all police officers the means to legally protect themselves and their loved ones--even if off-duty or retired.
• Public safety and homeland security would benefit immensely from this bill becoming law.  Law enforcement officers are a dedicated and trained body of men and women sworn to uphold the law and keep the peace.  Unlike other professions, a police officer is rarely "off-duty."  When there is a threat to the peace or public safety, the police officer is sworn to answer the call of duty.  Officers who are traveling from one jurisdiction to another do not leave their instincts or training behind, but without their weapon, that knowledge and training is rendered virtually useless.  These bills will provide the means for law enforcement officers to enforce the law and keep the peace--enabling them to put to use that training and answer the call to duty when the need arises.  Without a weapon, the law enforcement officer is like a rescue diver without diving gear; all the right training and talent to lend to an emergency situation, but without the equipment needed to make that training of any use. Given the ongoing threat of terrorist activity against U.S. citizens, it just makes sense to give our first line of defense the tools they need in a first responder situation.  Perhaps the strongest endorsement we can make is that thousands of violent criminals and terrorists will hate to see it pass.
• This is not a States' rights issue and the bill has been carefully crafted to ensure that it conforms to the U.S. Constitution and the precepts of Federalism. Congress has the authority, under the "full faith and credit" clause of the Constitution, to extend full faith and credit to qualified active and retired law enforcement officers who have met the criteria to carry firearms set by one State, and make those credentials applicable and recognized  in all States and territories in these United States.  States and localities issue firearms to their police officers and set their own requirements for their officers in training and qualifying in the use of these weapons.  This legislation maintains the States' power to set these requirements and determine whether or not an active or retired officer is qualified in the use of the firearm, and would allow only this narrow universe of persons to carry their firearms when traveling outside their jurisdiction.  We believe this is similar to the States' issuance of drivers' licenses--the standards may differ slightly from State to State, but all States recognize that the drivers have been certified to operate a motor vehicle on public roadways.
• All fifty (50) States require their officers to receive many hours--the average is 48--of firearms training before they leave the academy.  Before receiving their appointment, law enforcement officers must meet certain score requirements in order to qualify with their weapon, the average being about 76%.  No officer with a score below the 70th percentile is considered qualified with his weapon.
• Most States require their officers to requalify with their weapons on a regular basis. Individual agencies may require their officers to qualify more frequently, but they must meet the State's minimum, which ranges from annually to every five years.
•  How Do Retired Officers Qualify: In order to carry under this legislation, a retired law enforcement officer would have to qualify with his firearm at his own expense every twelve (12) months, meet the qualifications as an active duty officer in his State of residence, and carry documentation which shows that the officer has met those standards in the most recent 12-month period..  For example, a New Jersey police officer that retires to North Carolina must qualify annually at his own expense and meet the same standards as an active duty officer in North Carolina.  The New Jersey officer would have to have a photographic identification from the New Jersey agency where he had been employed and documentation showing that he had met the active duty standards for qualification with a firearm in North Carolina.
• Many Federal law enforcement officers currently have the authority to carry their firearms. Training and qualification for Federal law enforcement officers is not so dissimilar to that of State and local law enforcement officers.  There have been no issues of concern with Federal officers carrying in all jurisdiction, why would there be for State and local law enforcement officers?
• There is Congressional precedent on this issue.  Congress has previously acted to force States to recognize permits to carry issued by other States on the basis of employment in other instances.  In June 1993, the Senate and House passed a law (PL 103-55) mandating reciprocity for weapons licenses issued to armored car company crew members among States.  Congress amended the Act in 1998 (PL 105-78), providing that the licenses must be renewed every two years.  This precedent allows armored car guards--who do not have nearly the same level of training and qualifications as law enforcement officers--to receive a license to carry a firearm in one State and forces other States to recognize its validity.
• Airline pilots can obtain the authority law enforcement officers are seeking. In addition to armored car guards, Congress passed a law that exempts airline pilots who participate in the "Federal flight deck officer" program from Federal and State law with respect to the carrying of concealed firearms.  Note that this authority is not limited just to the cockpit--but also while the pilots are on the ground and off-duty.
• Congress has the authority to preempt State and local prohibitions on the carrying of concealed weapons and has in the past granted a certain class of persons--based on the nature of their employment and their value in an emergency situation--the authority to carry firearms in all jurisdictions. To do the same for law enforcement just makes good sense.