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Statement of
Chairman Leahy, on
S. 376
From the
Congressional Record, January 24, 2007
By Mr. LEAHY (for
himself, Mr. SPECTER, Mr. KYL, and
Mr. CORNYN):
S. 376. A
bill to amend title 18, United States Code, to
improve the provisions relating to the carrying
of concealed weapons by law enforcement
officers, and for other purposes; to the
Committee on the Judiciary.
Mr. LEAHY.
Mr. President, in 2003, Senator Campbell and I,
joined by 68 other Senators, introduced a bill
that allowed a qualified retired or current law
enforcement officer to carry a concealed firearm
across State lines. The Senate passed our bill
by unanimous consent, which was signed into law
in July 2004. Passage of the Law Enforcement
Safety Officers Act was a resounding vote of
confidence in the men and women who serve their
communities as protectors of the peace, and
their Nation as the first line of defense in any
emergency.
But since
enactment of the Law Enforcement Officers Safety
Act, it has become clear that qualified retired
officers have been subject to varying and
complex certification procedures from State to
State. In many cases, differing interpretations
have complicated the implementation of the law,
and retired officers have experienced
significant frustration in getting certified to
lawfully carry a firearm.
With the
input of the law enforcement community, this
bill proposes modest amendments to streamline
the current law, which will give retired
officers more flexibility in obtaining
certification, and provides room for the
variability in certification standards among the
several States. For example, where a State has
not set active duty standards, the retired
officer can be certified pursuant to the
standards set by any law enforcement agency in
the State.
In addition
to these adjustments, the bill also makes clear
that Amtrak officers, along with officers of the
Executive branch of the Federal Government, are
covered by the law. The bill also reduces from
15 to 10 the years of service required for a
retired officer to qualify under the law. Though
these changes broaden the reach of the law, the
requirements for eligibility still involve a
significant term of service for a retired
officer to qualify, and a demonstrated
commitment to law enforcement.
This bill
makes sensible improvements to existing law by
providing the flexibility needed to permit
qualified retired law enforcement officers to
carry concealed firearms in a legal and
responsible manner.
With the
enactment of the Law Enforcement Officers Safety
Act, Congress and the President also recognized
that law enforcement officers are never
``off-duty.'' The dedicated public servants who
are trained to uphold the law and keep the peace
deserve our support not just in their
professional lives, but also when they go
off-duty or into retirement. Convicted criminals
often have long and exacting memories, and to
the extent we can, we must aid these public
servants with the tools they need to keep
themselves and their families safe. Because one
thing we know for sure is that a law enforcement
officer is a target, whether in uniform or out,
and whether active or retired. We also act in
our own interest when we help law enforcement
officers with the ability to answer the call of
duty wherever they may be. Society's trust in
the men and women who serve should include the
faith that the responsibilities we entrust to
them do not disappear once State lines are
crossed.
In 2004,
Congress listened carefully to the concerns of
the law enforcement community and responded
appropriately. Let us do so again with these
sensible improvements.
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