Attention Members

Chad Spicer Fund Raiser

Thursday, 2/25/10 at 5pm at the Fat Tuna restaurant on RT26 in Millville sponsored by Lodge 16. Please contact Brother Brown at walin1@juno.com for further details

On 2/3/2010 HB 258 with HA 1 was signed by the Governor.

SPONSOR:	Rep. Atkins & Sen. Ennis
	Reps. Carson, Gilligan, Mulrooney, Schwartzkopf, Walls

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 258

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LICENSES TO CARRY CONCEALED DEADLY WEAPONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend §1441(a)(4), Title 11 of the Delaware Code by substituting the figure “$65.00” in lieu of the figure “$34.50” that appears therein.

Section 2. Amend §1441(a)(5), Title 11 of the Delaware Code by substituting the number “3” in lieu of the number “2” that appears in the first sentence thereof; by substituting the number “5” in lieu of the number “3” that appears on two occasions in the second sentence thereof; and by substituting the number “$65.00” in lieu of the number “$34.50” that appears in the second sentence thereof.

Section 3. Amend §1441(h), Title 11 of the Delaware Code by substituting the figure “$65.00” in lieu of the figure “$34.50” that appears in paragraphs (5) and (6) of the subsection.

SYNOPSIS

This Act increases, from $34.50 to $65.00, the filing fee assessed by the Superior Court in connection with an application for a license to carry a concealed deadly weapon. The Act also extends the term of validity for new licenses from 2 to 3 years and the term of validity for renewal licenses from 3 to 5 years. Increasing the fees for licenses, as well as the period for which such licenses are valid, will enhance efficiency and preserve resources by reducing the frequency with which the Superior Court and Attorney General’s Office must allocate resources to administer the program.

Law Enforcement Memorial campaign set
Legislative Mall site selected, fund-raiser slated
By Tom Eldred
Delaware State News
DOVER - The language is simple, the message direct.
"...Thirty-three Delaware law enforcement officers have made the ultimate sacrifice while serving the citizens of the State of Delaware ... These fallen heroes should be remembered for their sacrifice ..."
So say the words of House Joint Resolution 3, signed in June by Gov. Jack A. Markell, establishing the creation of a Delaware Law Enforcement Memorial on Legislative Mall in Dover.
A recently erected sign on the south side of the mall marks the area where the memorial will be constructed.
"Nowhere in Delaware is there a memorial that remembers all 33 officers who gave their lives in the line of duty," said Chief Kevin McDerby of the New Castle City Police Department.
"We thought the mall would be a fitting place for a memorial to remember their sacrifice. We approached (members of the state legislature) and asked them to let us use that site. They answered by passing the joint resolution."
Chief McDerby said police associations statewide will be kicking off a formal fund-raising campaign on July 22, with an initial goal of $100,000.
He said $13,105 has been raised so far through a joint effort involving the Delaware Police Chiefs' Council, the Delaware Police Chiefs' Foundation, the Fraternal Order of Police and the Delaware State Troopers Association.
Detective Vincent DeSabatino of the Wilmington Police Department is president of the state lodge of Fraternal Order of Police. For lack of a larger area, he said, an annual memorial service for the slain officers has previously been held in front of Legislative Hall.
"We wanted to get some kind of larger memorial, something that is worthy of the sacrifices these officers made," he said. "We felt we needed something that honors them a little better."
Chief McDerby said approval has been granted to build the memorial, planned at 7 feet tall and up to 30 feet wide, on the south side of Legislative Mall. The site is across William Penn Street from the former Army National Guard armory, now a state building housing the Office of Management and Budget.
"The only thing that's going to limit the magnificence of this memorial is the amount of money we raise," he said. "We will be looking to list all the names of those who sacrificed, and unfortunately, allow for expansion. We also envision some benches in front for services and to view the memorial."
Chief McDerby said the actual design is still in the working stage, with two Delaware memorial firms competing for a contract. He said construction hopefully will be completed by May 2010 in time for the annual memorial service.
In addition to private donations, lawmakers agreed some funding may also come from the Special Law Enforcement Assistance Fund, a seized-assets account the state maintains. No General Fund money will be used.
Smyrna Police Chief Richard Baldwin will head up fund-razing efforts in Kent County. Georgetown Police Chief William S. Topping will do the same for Sussex County.
"Whether they lost a brother, sister, father, mother, son or daughter, the annual service is for the families," Detective DeSabatino said.
"If it helps them to get closure, it's worth it. God bless them."
Chief McDerby said donations can be made online by going to http://www.firstgiving.com/delawarelawenforcementmemorial. Checks can also be mailed to: Delaware Police Chiefs' Foundation, New Castle City Police, 1 Municipal Blvd., New Castle, DE 19720.

The first order for baskets will be placed during the first week of August.

DELAWARE LAW ENFORCEMENT MEMORIAL

T-Shirts Sales
ALL PROCEEDS BENEFIT THE DLEM

Short Sleeves $15.00 Long Sleeve $20.00
Large and X-Large Available Aug. 17th, other sizes will be ordered please place size and quantity on order form. XXL and above will cost a bit more!!
Name Size Quantity Total
Contact

Lt. Christopher Workman

11 Poplar Aveune

Elsmere, DE 19805

Office (302) 998-1173 ext 204

Cell (302) 668-7950

Fax (302) 998-9922

The State FOP Lodge's Press Conference

On Monday, June 15, 2009, the State Lodge of the Fraternal Order of Police held a Press Conference. The FOP was taking issue with the City of Wilmington's administration and the New Castle County's administration in not using the Federal Cops grants for there intended purpose. The primary intent for the money given to police departments was to hire new officers or rehire layoff police officers, not to purchase equipment. With the budgetary issues in both governments, the FOP believes the best use of the money is to keep police officers employed and on the street.

Police Memorial Day

To all Police Departments and Retirees

(Blanket invitation)

On the behalf of the members of the Delaware Fraternal Order of Police, I would like to cordially invite you and your staff to attend the annual Delaware Law Enforcement Officers Memorial Service. The service is scheduled for Wednesday, May 6th, 2009 at 1200 noon and will be held at Legislative Hall in the City of Dover. In the event of inclement weather, the service will be held in a tent erected on the lawn at Legislative Hall.

The Memorial Service will be to honor the fallen men and women of Law enforcement within the State of Delaware. Participants should form on the grounds at Legislative Hall at 1100 hours. Parking will be made available that the front and rear of the Haslett Armory Building. A brief motorcade, pipe and drum march, color guard, and officer procession will step off promptly at 1200 hours. A luncheon will be held immediately following the ceremony at the FOP Lodge #3 on Kitts Hummock Road, south of the Dover Air Force Base, in Dover. All participants are invited to attend.

This is the one day each year that we honor our fallen brothers and sisters from agencies throughout the state. Please honor their memory and show support for their survivors by attending this event.

Please confirm your attendance as soon as possible. Any questions, concerns or information please feel free to contact me via email at michael.konnick@cj.state.de.us or you can reach me at (302) 242-0720 (Cell).

Sincerely,

Michael Konnick, Chairman

Delaware State FOP Memorial Committee

The Grand Lodge FOP received a letter from the Assistant Director ATF, see the story and letter here:
http://www.grandlodgefop.org/servlet/display/news_article?id=1033&XSL=xsl_pages%2fpublic_news_individual.xsl&nocache=22568978
Letter from W. Larry Ford, Assistant Director at ATF, on the Sturgis, SD incident 09/12/2008

Following the appearance of this article (http://www.rapidcityjournal.com/articles/2008/08/29/news/local/doc48b784e086e0d898298826.txt) in the Rapid City Journal, the FOP contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for an explanation of the spokesperson's statement.

W. Larry Ford, Assistant Director of ATF for the Office of Public and Government Affairs, recently sent the letter below to Executive Director Pasco to apologize and to correct the record on the matter. Director Ford sent a similar letter to the Rapid City Journal.
Letter is attached.
Federal firearms act cannot be used in case
By Journal staff Friday, August 29, 2008
The Meade county grand jury that indicted a Seattle police officer for bringing a gun into a Sturgis bar in the early morning hours of Aug. 9 could not have used the federal Law Enforcement Officers Safety Act of 2004 to exonerate him, a spokeswoman for the Bureau of Alcohol, Tobacco, Firearms and Explosives said Thursday.
Congress passed that law in the wake of the terrorist attacks of Sept. 11, 2001, to exempt qualified law enforcement officers from state laws that prohibit the carrying of a concealed weapon. But because the legislation was never implemented by its rule-making agency – the U.S. Attorney General’s office -- the Meade County grand jury could not have used it in any case to defend the actions of Seattle policeman Ronald Smith, according to Carrie DiPirro, public information officer in the Denver office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Nowhere in America would that act have been considered by a grand jury, DiPirro said.

“The act was passed, but it’s never been enforced by the Attorney General’s office,” she said. Congress directed the U.S. Attorney General’s office to meet the conditions for its implementation – such as establishing the necessary databases and identifications -- something which DiPirro said apparently has never been done.

The Law Enforcement Officers Safety Act amended the federal criminal code to authorize qualified law enforcement officers (including certain qualified retired officers) carrying the photographic identification issued by their governmental agency, notwithstanding state or local laws, to carry a concealed firearm. That authorization is not intended to supersede state laws that permit private entities to prohibit the possession of concealed firearms on their property, or prohibit the possession of firearms on state or local government property. The law also would not cover any officer under the influence of alcohol and it excludes from the definition of “firearm” any machine gun, firearm silencer, or destructive device.

Smith and four other men were charged on two alternative concealed weapon permit violations. According to the South Dakota Secretary of State’s Web site, Washington and South Dakota do not have reciprocity of concealed weapons permits, but Attorney General Larry Long said Thursday he could not immediately confirm that.

“We’re not sure if Washington is or not,” Long said.

The grand jury issued alternative concealed weapon permit indictments for Smith and the others. The men could be convicted of carrying a concealed pistol without permit or failing to abide by a permit of a reciprocal state, but not both counts, Long said.

July 22.2004

THE LAW ENFORCEMENT OFFICERS' SAFETY ACT

SIGNED INTO LAW BY PRESIDENT BUSH!

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