House panel approves gun bill for officers
By Brian A. DeBose
THE WASHINGTON TIMES
The House Judiciary Committee yesterday passed a bill that allows
active-duty and retired law-enforcement officers to carry concealed weapons
anywhere in the country.
The Law Enforcement Officers Safety Act heads to the floor of the House
for a final vote before going to the Senate, where a similar bill passed
as an amendment in March by a 91-8 vote. The bill permits "qualified"
law-enforcement officers - retired, off duty and outside their jurisdiction
- to carry a concealed weapon in any state regardless of the state's law.
It passed on a 23-9 vote.
The provision drew the ire of Rep. F. James Sensenbrenner Jr.,
Wisconsin Republican and committee chairman.
"I believe it violates the principles of federalism and undermines the
authorities of the states," said Mr. Sensenbrenner, the only Republican who
did not support the bill.
Mr. Sensenbrenner amended the legislation before voting no on the final
bill. His amendment requires officers to have an official badge when
carrying a concealed weapon, as well as a photographic identification and
valid state certification.
Rep. Robert C. Scott, Virginia Democrat, also successfully attached an
amendment that prohibits officers from being under the influence of alcohol
or narcotics while carrying a gun.
Mr. Scott made several attempts to amend the bill before joining the
majority of Democrats in opposing it.
Although 34 states have no restrictions on law-abiding citizens
carrying concealed handguns, 16 states and the District do.
Democrat Reps. Melvin Watt of North Carolina and Bill Delahunt of
Massachusetts argued that Congress was enacting tyranny against the states.
"I can't believe we would consider a bill that starts out with
'Notwithstanding any other provision of the law of any State.' I mean, it
is clear this violates our Constitution," Mr. Watt said.
But Mr. Scott was more concerned about a jurisdiction's legal liability
if one of its residents is shot by an out-of-state officer. He said
another problem is that the bill will undercut police chiefs' authority
over their officers' weapons.
"This bill not only supersedes the police chiefs' ability to determine
what is coming into their jurisdiction, it overrides his authority over his
own officers," Mr. Scott said.
Rep. Maxine Waters, California Democrat, said the law requires much in
the way of trust of the officers. She also hinted that the law could lead
to more acts of police brutality by private citizens with badges.
"You're setting up police officers to get into all sorts of trouble and
jurisdictions to be subject to all forms of liability," Mrs. Waters said.
Serious misconduct by concealed-weapon permit holders is rare, says the
National Center for Policy Analysis, a public-policy research organization.
The center said in a 2001 study that, in most states, fewer than 1
percent of holders of concealed-and-carry licenses commit gun crimes.
Out of the 215,582 concealed licensees in Texas, 178 were stripped of
their permits because of felony convictions since 1996, study figures
show. Three have gone to jail for murder or attempted murder.
In Florida, where the state issued more than 72,000 licenses in 2000,
it revoked 241; among Utah's 40,000 licensees, five lost privileges because
of a conviction for murder or attempted murder. Indiana canceled 921
licenses in 2000, out of 350,000 permits issued there.
By Brian A. DeBose
THE WASHINGTON TIMES
The House Judiciary Committee yesterday passed a bill that allows
active-duty and retired law-enforcement officers to carry concealed weapons
anywhere in the country.
The Law Enforcement Officers Safety Act heads to the floor of the House
for a final vote before going to the Senate, where a similar bill passed
as an amendment in March by a 91-8 vote. The bill permits "qualified"
law-enforcement officers - retired, off duty and outside their jurisdiction
- to carry a concealed weapon in any state regardless of the state's law.
It passed on a 23-9 vote.
The provision drew the ire of Rep. F. James Sensenbrenner Jr.,
Wisconsin Republican and committee chairman.
"I believe it violates the principles of federalism and undermines the
authorities of the states," said Mr. Sensenbrenner, the only Republican who
did not support the bill.
Mr. Sensenbrenner amended the legislation before voting no on the final
bill. His amendment requires officers to have an official badge when
carrying a concealed weapon, as well as a photographic identification and
valid state certification.
Rep. Robert C. Scott, Virginia Democrat, also successfully attached an
amendment that prohibits officers from being under the influence of alcohol
or narcotics while carrying a gun.
Mr. Scott made several attempts to amend the bill before joining the
majority of Democrats in opposing it.
Although 34 states have no restrictions on law-abiding citizens
carrying concealed handguns, 16 states and the District do.
Democrat Reps. Melvin Watt of North Carolina and Bill Delahunt of
Massachusetts argued that Congress was enacting tyranny against the states.
"I can't believe we would consider a bill that starts out with
'Notwithstanding any other provision of the law of any State.' I mean, it
is clear this violates our Constitution," Mr. Watt said.
But Mr. Scott was more concerned about a jurisdiction's legal liability
if one of its residents is shot by an out-of-state officer. He said
another problem is that the bill will undercut police chiefs' authority
over their officers' weapons.
"This bill not only supersedes the police chiefs' ability to determine
what is coming into their jurisdiction, it overrides his authority over his
own officers," Mr. Scott said.
Rep. Maxine Waters, California Democrat, said the law requires much in
the way of trust of the officers. She also hinted that the law could lead
to more acts of police brutality by private citizens with badges.
"You're setting up police officers to get into all sorts of trouble and
jurisdictions to be subject to all forms of liability," Mrs. Waters said.
Serious misconduct by concealed-weapon permit holders is rare, says the
National Center for Policy Analysis, a public-policy research organization.
The center said in a 2001 study that, in most states, fewer than 1
percent of holders of concealed-and-carry licenses commit gun crimes.
Out of the 215,582 concealed licensees in Texas, 178 were stripped of
their permits because of felony convictions since 1996, study figures
show. Three have gone to jail for murder or attempted murder.
In Florida, where the state issued more than 72,000 licenses in 2000,
it revoked 241; among Utah's 40,000 licensees, five lost privileges because
of a conviction for murder or attempted murder. Indiana canceled 921
licenses in 2000, out of 350,000 permits issued there.
