July 22.2004

Chuck Canterbury, National President of the Grand Lodge, Fraternal Order of Police, proudly announced that President George W. Bush signed H.R. 218,

the :Law Enforcement Officers' Safety Act" into law earlier today. 

"Today's triumph was the result of a long, hard-fought battle," Canterbury said. "The Fraternal Order of Police has been working toward this day for over ten years.  With the stroke of his pen, the President has made real the hopes of law enforcement officers across the nation." 

The legislation, sponsored by Representative Randy "Duke" Cunningham (R-CA), was passed by the House in June, and then by the Senate earlier this month.  It exempts qualified active and retired law enforcement officers from State and local prohibitions with respect to the carrying of concealed firearms.

Canterbury and F.O.P. Executive Director Jim Pasco were the only law enforcement representatives to meet with the President in the Oval Office before the bill signing.  "The President has truly made this country a safer place," said Canterbury after the ceremony.  "By enacting this legislation, President Bush has ensured that when officers are confronted with a situation to which they must react, they have the tools necessary to ensure their own safety, and the safety of their families and the public they have been sworn to protect."

Now that the measure has been signed into law, active and retired law enforcement officers will be able to carry their firearms even when traveling outside their own jurisdictions.  The bill, which was the F.O.P.'s top legislative priority, had wide, bipartisan support in both the House and Senate during its consideration in the Congress.

July 25, 2004

H.R.218: The Law Enforcement Officers Safety Act of 2004
 

An Act

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.

 

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;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(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 15 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 non-forfeitable right to benefits under the retirement plan of the agency;

`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;

`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(7) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is--

`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or

`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and

`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) a destructive device (as defined in section 921 of this title).'.

(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.'.

 

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

July 24, 2004

F.O.P. President Testifies before

Social Security Subcommittee
Canterbury Calls on Congress to Repeal the WEP Benefit Cuts
 

 
Chuck Canterbury, National President of the Fraternal Order of Police, testified this morning before the House Subcommittee on Social Security in favor of H.R. 4391, the “Public Servant Retirement Protection Act,” which would repeal the Windfall Elimination Provision (WEP) and replace it with a more equitable, individualized calculation of Social Security benefits.
 
“The WEP is an arbitrary and inequitable formula and it has been a top legislative priority of the F.O.P. to repeal this provision of Social Security law for some time now,” said Canterbury.  “Ultimately, this issue is about fairness to the State and local employees who paid for and ought to receive their full Social Security benefit.  This legislation is a positive first step toward that goal.”
 
The “Public Servant Retirement Protection Act” was introduced by Representative Kevin P. Brady (R TX), along with Representatives E. Clay Shaw, Jr. (R FL), Chairman of the Subcommittee on Social Security, Howard L. Berman (D CA), Howard P. “Buck” McKeon (R CA), Sam Johnson (R TX), and Michael Michaud (D ME). The legislation would repeal the Windfall Elimination Provision (WEP) and replace it with an individualized calculation of Social Security worker benefits based on an individual’s entire work history.  Under the legislation, Social Security benefits would be calculated as if all the worker’s earnings were subject to Social Security taxes, using the standard benefit formula.  To ensure Social Security benefits are based only on Social Security wages, the benefit would be multiplied by the percent of earnings subject to Social Security taxes.
 
“I think it is clear that Congress did not intend to reduce the benefits of hard-working Americans who chose to serve their States and communities as public employees and then went on to have second careers or worked second jobs to make ends meet,” Canterbury said, referring to the WEP, which affects approximately seven (7) million public employees that are outside the Social Security system.  “This legislation treats our nation’s public employees much more fairly and the Fraternal Order of Police is proud to offer the measure its support.”
 
The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 318,000 members.

Chris L. Granberg
Senior Legislative Liaison
                                
Fraternal Order of Police
National Legislative Office
309 Massachusetts Avenue, NE
Washington, DC  20002
(O) (202) 547 - 8189
(F) (202) 547 - 8190

grandlodgefop.org

July 23, 2004

H.R. 4391, the “Public Servant Retirement Protection Act”:
On Tuesday, July 19, 2004, National President Chuck Canterbury testified in support of H.R. 4391, the “Public Servant Retirement Protection Act,” before the House Ways and Means Subcommittee on Social Security-- the third time this Congress that the F.O.P. has testified before Congress on Social Security reform.  The F.O.P. has endorsed H.R. 4391 and its Senate companion bill, S. 2455, introduced by Senator Kay Bailey Hutchison (R-TX). 
 
The legislation would repeal the Windfall Elimination Provision (WEP) and replace it with an individualized calculation of Social Security worker benefits based on an individual's entire work history.  Under the legislation, Social Security benefits would be calculated as if all the worker's earnings were subject to Social Security taxes, using the standard benefit formula.  To ensure Social Security benefits are based only on Social Security wages, the benefit would be multiplied by the percent of earnings subject to Social Security taxes.  Current retirees and workers who have non-Social Security wages in or before the year following enactment will receive the higher of either their benefit under current law or their benefit calculated under this bill.  The legislation does not make any changes to the GPO.

 

July 12, 2004

Senator Carper's response letter

to passing H.R. 218

July 12, 2004

Mr. Michael Riley

Wilmington, Delaware  19808

 Dear Mr. Riley:

 Thank you for contacting my office to express your continued

support for H.R. 218, the Law Enforcement Officers Safety Act.

As a cosponsor of the Law Enforcement Officers Safety Act, I am

pleased to let you know that the Senate unanimously approved

H.R. 218 last week.

 

I have a great deal of admiration and appreciation for law

enforcement personnel.  My father worked most of his life as a

claims adjuster for Nationwide Insurance, and he had the

opportunity to interact with law enforcement officers throughout

his career in the insurance industry.  During that time, he gained a

great deal of respect for those men and women who were willing to

risk their lives every day for their fellow citizens.  Having an

appreciation for law enforcement is just one of my father's values

that I carry with me to this day.

 

Having said that, I am pleased to report that the Senate

unanimously approved H.R. 218, the Law Enforcement Officers

Safety Act, on July 7th.   As you know, H.R. 218 will exempt off-

duty and retired law enforcement officials from state laws

prohibiting concealed weapons.  In order to qualify to carry

concealed weapons, officers will have to maintain firearms training

and carry proof of affiliation with a law enforcement agency.

Moreover, the legislation will require retired law enforcement

personnel to meet standards for carrying guns within the past year.

President Bush has indicated that he will sign the Law

Enforcement Officers Safety Act in the near future.

 

I have been a strong supporter of the Law Enforcement Officers

Safety Act since its introduction at the beginning of the 108th

Congress.  I cosponsored the Senate version of the legislation,

S.253, and voted for it as an amendment to a subsequently defeated

Senate gun liability bill.  It is clear to me that the measure will

enable more trained law enforcement officers to enforce the law

and respond to any crisis.  It will also undoubtedly help our nation

guard against the threat of terrorism.

 

As one who has a great deal of respect for our law enforcement

personnel, I know that current and former police officers are rarely,

if ever, "off duty".   The Law Enforcement Officers Safety Act is a

common sense initiative that will simply make our communities

safer.  Ultimately, the federal government has a responsibility to

continue to give law enforcement officials the tools they need to

protect our nation.

 

Thank you again for contacting my office.  Please do not hesitate

to contact me in the future about matters of importance to you.

 

With best personal regards, I am

 

 Sincerely,

 Thomas R. Carper

 

For more information please visit my web site at http://carper.senate.gov