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Senate Considering Bill to Arm
Off-Duty and Retired Cops

By Jim Burns
CNSNews.com Senior Staff Writer
7-24-2



(CNSNews.com) - The Senate Judiciary Committee is now considering legislation that would let off-duty and retired law enforcement officers carry weapons when they leave their local jurisdictions, even when they cross state lines.
 
But some police organizations are slow to embrace the bill, claiming it could do more harm than good. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) -- who introduced the Senate bill because he believes arming cops would make communities safer -- has gained the support of 30 other Senate co-sponsors, including Committee ranking Republican Sen. Orrin Hatch (R-Utah).
 
The Senate bill resembles a House bill introduced by Rep. Duke Cunningham (R-Calif.), which has 267 co-sponsors thus far.
 
"I know that law enforcement officers are never 'off-duty,'" Leahy said at a committee hearing Tuesday. "When there is a threat to the peace or to our public safety, law enforcement officers are sworn to answer that call."
 
According to the legislation, not every off-duty and retired officer could qualify to carry a gun. Instead, they must be authorized to do so by the law enforcement agency where they worked, as well as be in good standing with that agency and certified to qualify to carry a firearm by that agency.
 
Steve Young, president of the Fraternal Order of Police, said the bill is needed because if "neither criminals nor terrorists give up their weapons when they cross jurisdictional boundaries, why should police officers?"
 
Young added that the personal safety of officers off-duty is also at stake.
 
"A police officer cannot remember the name and face of every criminal he or she has locked behind bars, but criminals often have long and exacting memories," he said. "Police officers are frequently finding that they, and their families, are targets in uniform and out, off-duty and on, active and retired."
 
However, Lonnie Westphal, vice president of the International Association of Chiefs of Police and chief of the Colorado State Patrol, told the committee that such legislation could end up hurting officers instead of protecting them.
 
"This legislation is especially troubling," said Westphal, an IACP vice president and chief of the Colorado State Patrol. "It could in fact threaten the safety of police officers by creating tragic situations where officers from other jurisdictions are wounded or killed by local officers." Westphal said arming off-duty and retired cops would not improve the safety of communities.
 
"It is important to remember that a police officer's authority to enforce the law is limited to the jurisdiction in which they serve," Westphal said in committee testimony. "An officer, upon leaving his jurisdiction, has no arrest powers or other authority to enforce the law. That is the responsibility of local law enforcement agencies."
 
IACP is also concerned about the liabilities involved if an off-duty officer uses his weapon in another jurisdiction.
 
"If an off-duty officer who uses or misuses their weapon while in another state, it is likely that their department will be forced to defend itself against liability charges in another state. The resources that mounting this defense would require could be better spent serving the communities we represent," Westphal concluded.
 
The Senate Judiciary Committee is continuing to craft the bill and hopes to have it finalized and out of committee sometime next week. It is not known when it will see Senate floor action. President Bush favors the legislation, according to Leahy.
 
http://www.cnsnews.com/ViewPolitics.asp?Page=\Politics\ar





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