H.R. 218 Letter from Jim Fotis
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Dear Fellow American:

Weeks after the September 11, 2001 terrorist attacks, Congress authorized over $30 billion in additional defense spending to meet our nation’s new security needs.

Even more spending will almost certainly be necessary to win the war against terrorism. Our enemies must know that we Americans will pay whatever cost required to defend our freedom.

But what if I told you we could greatly increase our defense against both crime and terrorism at zero cost to the taxpayers.

What if I told you that legislation already exists that will put an estimated 1.5 million armed, trained law enforcement professionals on our streets --immediately -- with no new spending or taxes.

Sound too good to be true?

Believe me it’s not. It’s H.R. 218, “The Community Protection Act.” You may have heard of it as “National Concealed Carry for Cops.” Whatever the name, this landmark bill will allow qualified off-duty and retired law enforcement officials to carry their firearms in every state, in every community.

My name is Jim Fotis. I am a retired New York police officer and executive director of the Law Enforcement Alliance of America, Inc. (LEAA).

LEAA is the nation’s largest non-profit, non-partisan coalition of law enforcement professionals, crime victims and concerned citizens united for justice.

I’m writing today to ask for your help. We urgently need your help to pass H.R. 218 into law.

Perhaps you are not even aware that your local law enforcement officers are not allowed to carry their firearms across certain state lines or into certain jurisdictions, even though these officers are highly trained in the use of firearms. In some jurisdictions, officers are not even allowed to carry their firearms when they’re off-duty.

The situation is particularly serious on the Nation's East Coast. There interstate highways weave in and out of three or more states and countless metropolitan areas within less than an hour's drive of one another. The ease of access may be convenient for commuters, but it is also a boon for criminals and a constant source of frustration for local law enforcement.

And the lack of a uniform firearms-carry policy places careers and lives in jeopardy.

  • On August 13, 1998, two off-duty officers with the Washington, D.C., Metropolitan Police Department are enjoying a game of pool in nearby Arlington, Va. A wounded man suddenly rushes into the establishment seeking help. Then an armed assailant enters a few moments later to finish what he'd started. The DC officers order the shooter to drop his gun. The man opens fire. One of the off-duty officers shoots, ending the confrontation.
     
  • Even though it is a legal violation of local gun laws, the DC officers do not get charged for carrying firearms in Arlington County, Virginia. (If this situation had been reversed and Virginia officers had stopped a similar incident in the District of Columbia, the officers would most likely have faced serious criminal charges and even jail time.)
     
  • Prompted by this incident, an Arlington, Virginia officer writes to the Maryland State Police less than a month later to see whether Maryland would extend the same courtesy to Virginia officers who are off-duty or who live in Maryland. The answer - provided in writing - is an official and resounding "No." Even if the officer lives in Maryland and works in Virginia, the cop - even if he or she is in uniform and driving to work - cannot wear a sidearm or have it accessible in the car until crossing the Virginia state line!
     
  • An officer from Prince George's County, Maryland, was on vacation in North Carolina. During a traffic stop the visiting officer, as a matter of courtesy, told the Carolina state trooper that he had his service firearm in the vehicle. The Maryland officer was immediately arrested for carrying a concealed firearm.
     

In fact, as a retired police officer, I can tell you trying to understand the patchwork of federal, state and local law concerning carrying firearms across this nation is nearly impossible.

RESULT: The maze of regulations is so daunting that many officers simply choose not to carry their firearms rather than risk being prosecuted for a criminal act.

That’s why LEAA drafted the Community Protection Act. H.R. 218 will allow qualified off-duty and retired police officers to carry a concealed firearm throughout the United States. Today, H.R. 218, introduced by Rep. Randy "Duke" Cunningham (R-Calif.), and with 241 Congressional Cosponsors, is awaiting action in the House of Representatives.

  • H.R. 218 provides clear, uniform nationwide rules to replace the variety of local laws that create confusion and uncertainty as to whether an officer may or may not carry a firearm when he or she is off duty.
     
  • H.R. 218 guarantees that qualified active and retired law enforcement officers will be able to carry their firearms in all jurisdictions.
     
  • H.R. 218 gives qualified off-duty and retired police officers the right to carry concealed firearms and the means to save lives and prevent crime in our communities anywhere in the United States. (Were you aware that up to 75% of our almost 700,000 active law enforcement officers are OFF-DUTY at any given time?)
     
  • H.R. 218 puts thousands of additional equipped, trained and certified law enforcement officers on the streets -- at no additional cost to taxpayers.
     
  • H.R. 218 provides officer the means to defend themselves and their families from the hardened, often vengeful criminals they have previously arrested.
     

There has never been a better time to pass H.R. 218. Almost every week we hear news accounts where lives are saved thanks to armed off-duty officers on the scene. Just look at these examples:

  • Off-duty police officer Robert Clark recently found himself in the middle of a school shooting in Santee, CA. Identifying himself as an off-duty officer, he courageously acted to save lives by confronting the armed killer, ordering him to surrender, and preventing him from killing or harming countless others.
     
  • In another school shooting recently in Grundy, Virginia, a gunman killed three people and wounded three others at a small law school before being subdued by three students who were either off-duty or former law enforcement officers. The gunman, whose shooting rampage could have claimed many more lives, surrendered immediately when an off-duty Sheriff’s Deputy and another former law enforcement officer, both from North Carolina, confronted him with their firearms.
     
  • In Newark, New Jersey off-duty detective Shawn Clark shot an intruder at a day care center. Clark was delivering milk to the center when he came upon an intruder on the first floor of the building. While 2- and 3-year-olds played upstairs, the detective and the knife-wielding suspect, a three-time felon, were locked in a life-and-death struggle. It ended only after the intruder was chased down after being shot twice by Clark. The officer and children were unhurt.
     
  • Last June, an off-duty detective from Brooklyn, N.Y., saved the lives of some patrons in his family's Laundromat when three armed assailants entered the business and proceeded to rob the patrons. The officer anticipated a wholesale slaughter of innocent people when one of the armed men pressed his firearm into the face of a customer. Detective Victor Romero drew his revolver and opened fire. Two of the robbers and Romero were wounded, with two of the three robbers being arrested within moments of the incident.
     
  • Another off-duty officer, this time from Beaumont, California, captured a man claiming to be armed with a bomb moments after he robbed a U.S. Postal Office. The officer drew his gun and gave chase as the robber fled. The officer held the robber until his on-duty colleagues responded to the incident.
     
  • In Houston, Texas an off-duty female constable's deputy was attacked while she was leaving her house. She was approaching her car, containing her two daughters, ages 10 and 9, when two armed men wearing masks approached. One grabbed her and put a gun to her head saying, "Don't make a sound or we'll kill you." The deputy, on her way to work, was armed. She shot and killed one assailant. The other assailant began firing at her but missed and fled.
     
  • An off-duty Milwaukee, WI Sheriff's deputy was the victim of an attempted robbery and carjacking. The deputy, who had his gun, exchanged fire with one of the suspects and thwarted the robbery. No one was injured or hit by gunfire.
     
  • An off-duty East Chicago, IL police officer shot and killed two pit bulls attacking and mauling a 16-year-old boy and a 14-year-old girl. Hearing the screams of the teenagers, the officer, in his underwear and T-shirt, grabbed his gun and ran barefoot into the street. He then positioned himself between the victims and the pit bulls. As they attacked, he shot the dogs, killing them both. The officer received an official commendation for his bravery.
     

Opponents of H.R. 218 scoff at the threats posed to off-duty officers by criminals seeking revenge or harm to police officers. Here is a story that might just make them think again.

  • Officer Shynelle Marie Mason, a two-year veteran of the Detroit Police Department, was off-duty and unarmed while she filled her personal vehicle with fuel. A man, who Officer Mason had previously arrested for carrying an illegal concealed firearm, approached her. He produced a gun and fired a single shot striking Officer Mason in the heart. She died enroute to the hospital.
     

And how about Corporal Richard Lawrence of Dallas, TXÉ

  • Corporal Lawrence was off-duty and unarmed at his apartment complex when he confronted and was gunned down by teen aged car thieves. I am sad to report that Corporal Lawrence was the first LEAA Member killed in the line of duty.
     

I hope and pray Corporal Lawrence will be the last LEAA Member, or any law enforcement officer, ever killed because he was unarmed while off-duty.

How much longer must we wait? How many other officers, like Officer Mason and Corporal Lawrence, must pay the ultimate price before the "Community Protection Act" becomes law?

And here’s another thing to consider:

Many experts believe America’s next attack won't be jets crashing into skyscrapers. The terrorists will pick a new kind of target: a sporting event, concert or other large public gathering -- perhaps a crowded shopping mall. Almost certainly, the next attack the USA faces will likely be on our streets, near our homes.

America must be prepared to fight back and win the next attack wherever it occurs. What better way to be prepared than an additional estimated 1.5 million armed, trained law enforcement professionals on our streets?

Whether Congress votes H.R. 218 into law primarily as an officer safety issue, or includes it as a key part of our national strategy to fight terrorism, there is no better time to enact this vital legislation.

Since September 11 there has been a welcome, and long overdue, realization on the part of the public of the dedication and sacrifice of the men and women in blue who risk their lives to safeguard our security.

Let’s pass H.R. 218 to honor the valiant members of America’s thin blue line who have shown us how heroic they can be when they risked their lives on September 11. Let’s pass this bill for them. Passage of H.R. 218 will be one of the highest honors we can give them.

You think this clear cut piece of legislation would be a “no brainer,” a sure bet for passage ­ especially in the aftermath of September 11.

In fact H.R. 218 is supported by nearly every national organization made up of rank and file law enforcement officers (see enclosed list). More than 76 law enforcement groups nationwide are calling for its passage.

The Fraternal Order of Police has called passage of H.R. 218 its "highest priority." The Bush Administration is behind H.R. 218 and more than half the members of the U.S. House of Representatives not only support the bill, they’re listed as official “Cosponsors.”

So what’s the problem?

Unfortunately, a lone Congressman, House Judiciary Chairman James Sensenbrenner has managed to keep H.R. 218 locked up in his committee - no hearings, no debate, no votes. Sensenbrenner, a maverick Republican from Wisconsin, has kept the bill under his thumb, calling it a "terrible bill".

In order to get past the roadblock created by Sensenbrenner, the bill's sponsor, Rep. Cunningham has filed for a "discharge petition".

House rules allow the bill to go directly to the floor for a vote, bypassing Chairman Sensenbrenner. I am convinced we will prevail in front of the entire House, IF we can get a simple majority of House members to sign the discharge petition and bring H.R. 218 to a vote on the floor.

But time is critical and we must act immediately.

That’s where you come in. Here are three things you can do to help pass H.R. 218:

  1. Call your Congressman today in support of H.R. 218. Urge your representative to vote for the H.R. 218 discharge petition and bring H.R. 218 to a vote in front of the entire Congress. The Washington, DC telephone for your Representative’s office is (202)-224-3121.
     
  2. Follow up you phone call with a letter (addressed to your Congressman at United States Congress, Washington, DC 20515) and/or e-mail (your Representative’s e-mail addresses can be found at our website, www.leaa.org, in the area marked “Reference”). Please feel free to use facts in this letter as talking points in messages to your U.S. Representative.
     
  3. Place the enclosed “I support National Concealed Carry for Cops” decal on your vehicle. Let your local enforcement know you stand behind their quest for common sense laws regarding their firearms and their personal safety.
     
  4. Join LEAA with a small membership contribution of just $20. Of course, if you can a greater amount, it will help us reach more concerned Americans willing to take action in support of H.R. 218.
     

With your LEAA membership, you’ll receive our acclaimed Member’s magazine, Shield, the LEAA Advisor newsletter, a full-color membership card to identify you as a Member when you interact with members of your local law enforcement community.

LEAA receives no taxpayer funding or union dues. We are absolutely dependant on the generous financial support of Americans like you. To cover costs of Membership, we must ask for a contribution at least a $20. Hopefully you can mail a contribution of $35, $50 or more.

Whatever the amount you send, rest assured it will be much appreciated and put to immediate good use in our campaign to pass this vitally needed legislation

Thank you for your time in reading this letter and thank you in advance for your support. May God bless America and all those who stand ready to defend her freedoms.

Sincerely,

Jim Fotis

Executive Director

P.S. Remember, there are about 700,000 active law enforcement officers in America today, But only an estimated 175,000 of them will be on-duty at any given time ­ that’s about one active officer for every 1,500 citizens. If an off-duty officer encounters a terrorist suspect, or a retired officer happens upon a life-threatening situation, the current hodgepodge of state, municipal and local gun laws may prevent them from saving their own life and the lives of innocent civilains.

Please do not put this letter aside thinking one person can’t make a difference in passing H.R. 218 into law. Your actions and your $20, $35, $50, or more contribution will make a big difference.