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A History of H.R. 218: The “Community Protection Act”
102nd Congress James J. Fotis of the Law Enforcement Alliance of America (LEAA) and Congressman Randy “Duke” Cunningham (R-CA) draft original legislation that seeks to allow qualified active and retired law enforcement officers in good standing to carry their firearms across state lines without facing prosecution. On May 9, 1992, LEAA applauds as Congressman Cunningham (R-Calif.) and Congressman Ralph Hall (D-Texas) introduce the legislation. The bill is known as H.R. 4897, the “National Police and Peace Officer Protection Act.” LEAA’s staff lobbies House Members, contacts media and solicits support from across the United States, leading the effort to pass H.R. 4897. LEAA’s dedicated members and supporters rise to the challenge of shaping national law and contribute the effort and funds necessary to initiate this important and difficult undertaking. H.R. 4897 has the support of 15 congressional cosponsors as the 102nd comes to a conclusion, and LEAA immediately begins making plans to resume the fight for national concealed carry for off-duty and retired law enforcement officers in the next session of Congress.
103rd Congress On March 10, 1993 Congressman Cunningham reintroduces the bill. It is now known as the “1993 Community Protection Initiative” or, H.R. 1277. LEAA staff and many guests of LEAA from the law enforcement community once again take their message to Capitol Hill, educating the members of the U.S. House of Representatives on the importance of passing H.R. 1277 and promoting the virtues of this revolutionary legislation. In the summer of 1993, Congressman Cunningham writes a guest article in the LEAA publication, Advocate, encouraging LEAA members to write letters to their Representatives asking for support on H.R. 1277. LEAA continues to spread the word about H.R. 1277 via radio, television and print media. In the winter of 1994, the National Fraternal Order of Police takes an opposing position to H.R. 1277 citing liability and states’ rights concerns. They join Congressman Lightfoot (R-Iowa) in drafting their own bill, H.R.1805, specifically addressing those concerns. LEAA notes that the Grand Lodge’s concerns are unfounded and is disappointed by their decision to oppose the lifesaving legislation. Later, the National Association of Police Organizations (NAPO), one of the first groups to announce support of this legislation, abruptly decides to oppose H.R. 1277. NAPO is concerned that certain provisions in the legislation would eliminate Federal funds to law enforcement if states don’t comply. LEAA believes the concerns are unsubstantiated and drives onward despite the lack of support from yet another police organization. NAPO considers drafting its own bill. As a result of the efforts of LEAA staff, members and supporters H.R. 1277 garners 62 cosponsors by the close of the 103rd Congress.
104th Congress On January 4, 1995, the “Community Protection Initiative of 1995” is once again re-introduced by Congressman Cunningham and becomes widely known by its new bill number, H.R. 218 as the 104th Congress gets underway. LEAA launches a major campaign to gain Congressional support, acquaint law enforcement groups across the nation with the H.R. 218, and alert the public and media in order to bring about more exposure. LEAA’s outreach activities include print ads, media events, and guest editorial columns in newspapers and magazines. In May, 1995, LEAA member and law enforcement expert Massad Ayoob’s article, “Off Duty But Armed, When It’s Life or Death” is published in Guns & Weapons for Law Enforcement magazine. Ayoob’s article presents real life examples of officers protecting themselves and others with a firearm while off-duty and refutes the anti-H.R. 218 position of FOP. On June 23, 1995, Senator Rick Santorum introduces the Senate companion bill to H.R. 218, known as S. 960. In the summer of 1995, LEAA places the first of its many H.R. 218 ads in the publication, Police Marksman. This first ad graphically illustrates one of the main reasons H.R. 218/S. 960 should become law: vindictive criminals seeking revenge for being arrested and locked up by an officer. In the following months, LEAA places full page ads in multiple issues of most of the national law enforcement magazines to promote benefits of H.R. 218 and asks readers to contact their Representatives to urge their support. On July 18, 1996, the House Judiciary Committee Crime Subcommittee holds the first hearings on H.R. 218. Ed Nowicki, a nationally known law enforcement writer, trainer, use of force expert and LEAA Life Member testifies to the merits of H.R. 218 and urges passage of the lifesaving legislation. Later this session, Senator Orrin Hatch, Chairman of Senate Judiciary Committee, indicates strong support for S. 960 and is ready to pass it in the Senate. At this point the House is ready to take it up but is unable to set a date to schedule a vote before the 1996 Election recess. In August 1996, LEAA mails over 30,000 petitions in support of H.R. 218 to law enforcement to sign and return to LEAA. LEAA then delivers the petitions to their U.S. Representatives. On September 9, 1996 Lt. Dave Spaulding, a widely known writer, trainer, and tactical instructor promotes H.R. 218 in an interview on the Law Enforcement Television Network (LETN)’s show “Command Center.” The show is broadcast multiple times reaching thousands of law enforcement officers. In October 1996, LEAA sends another 50,000 petitions to law enforcement due to the positive results from first round sent. Once again, LEAA collects and delivers an outstanding number of petitions signifying strong national support for H.R. 218. Throughout the 104th Congressional session, LEAA authors articles on H.R. 218 in other law enforcement publications. During this time LEAA proliferates more information about H.R. 218 than ever, reaching thousands of law enforcement officers across the country. LEAA publishes a list of police organizations endorsing H.R. 218 in Advocate in an effort to extend its campaign to gain the support of police groups to individual LEAA members. LEAA members respond by encouraging their local police groups to support H.R. 218. Readers of Advocate eagerly watch the list of supporters grow with each issue that arrives in their mailbox. Signaling a bright future ahead, H.R. 218 finishes the 104th Congress with 142 cosponsors.
105th Congress Unwavering in his commitment to this bill, on January 7, 1997, Congressman Duke Cunningham introduces “The Community Protection Act of 1997,” successfully retaining the now recognizable bill number, H.R. 218, for the pro-law enforcement bill. LEAA launches a fresh campaign to solicit letters of support for H.R. 218 and receives letters from Philadelphia FOP Lodge #5, the largest local FOP lodge in the country, as well as the Pennsylvania State FOP Lodge, the largest state lodge in the country. Also, Police Marksman Association endorses the bill. On July 22, 1997, the House Crime Subcommittee holds a hearing on H.R. 218. LEAA is pleased that law enforcement expert Ed Nowicki once again testifies on behalf of H.R. 218. LEAA channels substantial time, funds and energy into a concerted national ad campaign outreaching to the readers of all of the major law enforcement magazines including Law & Order, Police Magazine and Police Marksman. This effort to invite endorsements for H.R. 218 is unmatched, and the resulting increase in support is proof of its effectiveness. In August, 1997, LEAA Life Member Ed Nowicki once again takes the message of H.R. 218 to the law enforcement community. His guest editorial, “Stop the Killing, Pass H.R. 218,” appears in Law Enforcement Technology Magazine. Tracking the progress of LEAA’s campaign to gain support for H.R. 218, an updated list of supporters appears in each new issue of LEAA’s magazine, Shield. Congressman Cunningham writes an article in the Fall 1997 Advisor thanking the law enforcement community for their continued support H.R. 218 and explaining that it is more important than ever to get this measure enacted into law. In June 1998, LEAA prepares for the House Crime Subcommittee to “mark-up” H.R. 218. The “mark-up” results in the addition of a civilian concealed carry reciprocity provision to the original bill. The Committee then casts the first official vote with regard to H.R. 218. LEAA watches proudly as H.R. 218 passes easily out of the Subcommittee with a 7-2 vote. To LEAA’s dismay, unwarranted controversy begins to plague H.R. 218 as anti-gun groups misrepresent the bill and what it will do. NAPO, one of the first groups to support 218, abandons its support of the legislation, and joins Police Executive Research Forum (PERF), National Troopers Coalition, and International Brotherhood of Police Officers in opposing the bill. However, National FOP supports the new version. On August 14, 1998 a press release by HCI condemns H.R. 218 drawing a connection between the amended bill and the tragic shooting of two Capitol Police officers. In September 1998, on a unanimous voice vote, the Judiciary Committee approves H.R. 218 and the bill is poised to head to the House Floor. On September 9, 1998, Handgun Control, Inc. holds a press conference to blast the LEAA-drafted H.R. 218. LEAA attends the press conference to stand up for the bill in its new form. In a statement LEAA vows not to forget, Sarah Brady calls the original version of the bill “non-controversial.” As rumors circulate that H.R. 218 is scheduled for the suspension calendar and ready to go to the House Floor before the end of the 105th Congress, the 4,000-page Starr Report is released. LEAA watches with consternation as action on its worthy legislation is enveloped by the President’s scandals which paralyze Congress. Although the 105th Congress is quite eventful and results in other victories for LEAA and H.R. 218, LEAA prepares for an even stronger comeback in the 106th Congress. 124 cosponsors signed on in this session of Congress, and support for the bill increased dramatically. More than 50 law enforcement associations across the nation now support H.R. 218 as new groups continue to send in letters of endorsement.
106th Congress Congressman Duke Cunningham drops the bill on January 6, 1999. Fortunately, LEAA is once again able to retain the number H.R. 218 for the “Community Protection Act of 1999.” New letters of support come in from law enforcement organizations across the country and renewal letters come in from groups that have supported in the last four sessions of Congress. LEAA staff intensifies its lobbying efforts, specifically targeting past cosponsors and new members of Congress. Shield is now hand-delivered to each office on Capitol Hill, and Congress duly takes notice of LEAA’s efforts to pass H.R. 218. LEAA’s Executive Director Jim Fotis reaches out to the fans of his Guns & Ammo magazine column, “Street Cop” and promotes the merits of H.R. 218. On March 25, 1999, Senators Campbell and Hatch introduce the Senate companion bill to H.R. 218 known as S. 727 the “Law Enforcement Protection Act of 1999.” On April 16, 1999, Congressmen Rogan and Rothman, in conjunction with NAPO, introduce H.R. 1461, the “National Assistance for Police Officers Act.” This bill, modeled after H.R. 218, challenges H.R. 218 and vies for support but is not as clearly written and specifically excludes retired officers. The NAPO bill intentionally leaves out retirees due to the fact that retirees are essentially civilians. Congressmen Rogan and Rothman are unable to garner any cosponsor support for their bill. H.R. 218 boasts over 100 cosponsors by early May, 1999. In June of 1999, Congressman Cunningham asks for LEAA’s support in adding H.R. 218 as an amendment to the Juvenile Justice Bill. The House Rules Committee approves H.R. 218 and includes it among the amendments offered to the Juvenile Justice Bill. LEAA reminds Sarah Brady and Handgun Control, Inc. of that organization’s previous statement regarding support for H.R. 218. When asked if they will honor their word, Handgun Control, Inc. refuses to support H.R. 218 on the eve of the House debate of the bill. H.R. 218 achieves overwhelming bipartisan support on the House floor and is approved as an amendment to the Juvenile Justice by an impressive 372-53 vote on June 18, 2000. H.R. 2122, the Juvenile Justice Bill that H.R. 218 is amended to fails to pass the House later that day taking H.R. 218 down with it. A conference committee is established to hammer out the differences between the Senate passed Juvenile Justice Bill and H.R. 1501, the “cultural” Juvenile Justice Bill that did pass in the House. Rumor had it that H.R. 218 may be included in the conference report that would be expected before Congress adjourned in October 1999. The Juvenile Justice Conference Committee met once and nothing ever came of their meeting. Thus, H.R. 218’s ultimate passage would not be forthcoming. LEAA decides to try and move H.R. 218 as a stand-alone bill in 2000. The Winter/Spring 2000 edition of Shield presents Jim Fotis’ compelling essay, “A Tale of Two Cops,” re-igniting interest in H.R. 218. Riding the momentum of this article, LEAA steps up its lobbying efforts, and H.R. 218 gains over 50 additional cosponsors. On May 2, 2000, Vice President Al Gore, facing one of the closest presidential races in United States history, announces his support for legislation that will allow off-duty and retired cops to carry concealed nationwide. Days later, even well-known anti-gun Congresswoman Carolyn McCarthy signs on to H.R. 218 as a cosponsor. Summer 2000, LEAA identifies the election of George W. Bush to the office of President as its greatest priority in the fight to turn H.R. 218 into federal law. September 2000, LEAA representatives meet with George W. Bush in Little Rock, Arkansas, and confer LEAA’s official endorsement of his candidacy. As the 106th Congress draws to close, H.R. 218 has the support of 169 cosponsors and 75 law enforcement associations the most ever. LEAA proudly recognizes these supporters in its publications. LEAA and successfully re-elected Congressman “Duke” Cunningham orchestrate another early launch of H.R. 218 in the 107th Congress. Together they plan to drop the bill on the first day of session, stake claim to the bill number “218” once again, and refine companion legislation for the Senate.
107th Congress As expected, Rep. Duke Cunningham re-introduces H.R. 218 on January 3, 2001. With George W. Bush officially winning the closest Presidential election in our nation’s history, LEAA feels confident that 2001 will bring another victorious year for H.R. 218. With both the House and the Senate remaining in Republican hands, H.R. 218 should have its best year ever. With more than 100 congressional co-sponsors in 100 days, LEAA gears up for movement on H.R. 218. In March 2001, LEAA staff meet with the House Crime Subcommittee to discuss a hearing set for Police Week in May. As former and new co-sponsors sign on to H.R. 218 enthusiastically, LEAA prepares for the forthcoming hearing and Police Week. A hearing on H.R. 218 is set for May 10, 2001 in the House Judiciary Subcommittee on Crime. On May 8, LEAA receives word from the Crime Subcommittee that the hearing has been cancelled and that there would not be a hearing or mark-up in the future. LEAA in conjunction with Rep. Cunningham’s staff quickly learn that the new Chairman of the House Judiciary Committee, Rep. James Sensenbrenner refuses to move H.R. 218 due to his fierce opposition to the bill. LEAA and Rep. Duke Cunningham spend the next few weeks and months trying to negotiate with Chairman Sensenbrenner and allow H.R. 218 to be given a chance despite the Chairman’s feelings about the bill. H.R. 218 has been in Congress for nine years and deserves a fair chance. Chairman Sensenbrenner not only refuses these requests but barely responds at all. Duke does everything he can to bring House GOP Leadership around to help in the effort to little avail. LEAA continues to sign on co-sponsors to H.R. 218 and by the end of the summer, H.R. 218 boasts 186 co-sponsors the most ever!!! The co-sponsors range in ideology from Barney Frank and Carolyn McCarthy to Bob Barr and Roscoe Bartlett. As Duke continues to fight Chairman Sensenbrenner and LEAA continues to get co-sponsors and more law enforcement association support, LEAA develops a web site dedicated solely to H.R. 218 known as www.copconcealedcarry.com. This web site becomes the hub for information and action alerts for H.R. 218 as tens of thousands of individuals visit the site. On September 11, 2001 America faces the worst tragedy in our nation’s history as fundamentalist Islamic terrorists attack the World Trade Center in New York City and the Pentagon. Using box cutters and plastic knives, these hate-filled, anti-American extremists hijack four U.S. airliners and use them to kill thousands of innocent American citizens. Although LEAA and Rep. Cunningham believe fully that H.R. 218 may be able to prevent future terrorist attacks as well as criminal attacks, both use caution before taking steps to push for movement on H.R. 218. LEAA issues a press release citing the benefits of H.R. 218 for America’s homeland security on September 17. In the weeks following the terrorist attacks, several sweeping pieces of federal legislation begin to surface. One in particular, an anti-terrorism bill known as the PATRIOT Act would give law enforcement more authority overall to keep America safe. Rep. Cunningham proposes H.R. 218 as an amendment. LEAA stands beside Duke in this effort and a member of the House Judiciary Committee is chosen to sponsor H.R. 218 in the mark-up of the PATRIOT Act. On October 3, 2001 LEAA prepares for the mark-up that will result in the hopeful addition of H.R. 218 as an amendment. LEAA staff attends the hearing while shoring up votes from Judiciary Committee members. As the day moves on and goes in to evening, LEAA learns that H.R. 218 will not be added after all. Chairman Sensenbrenner had bullied the sponsor of the proposed H.R. 218 amendment and by that time there was little else that could be done. Infuriated and disappointed, Rep. Cunningham and LEAA refuse to give up. With more than 200 co-sponsors on H.R. 218 by this time, discussions begin to include the idea of a discharge petition. Duke decides he would give Chairman Sensenbrenner one more chance to work with us on H.R. 218 and if no response is received, a discharge petition would be forthcoming. In the meantime, the cop concealed carry web site has generated resounding grass roots support. A petition on behalf of H.R. 218 has signed up more than 10,000 names from across the country and 5,000 people have listed their email addresses on the web page in order to receive any and all alerts regarding H.R. 218. By the end of October, with no response from the Chairman and no help from House GOP leadership, Duke decides to use the last and only option left a discharge petition. LEAA stands beside Rep. Cunningham’s decision and vows to support this effort. LEAA puts out a press release explaining that a discharge petition was the last resort and if America’s dedicated law enforcement community was to get any further with their most important legislation, this was the last and only option. On November 13, 2001 the discharge petition was finally ready to accept signatures for the petition. With 219 co-sponsors on H.R. 218, LEAA and Duke realized a goal H.R. 218 had the endorsement of the majority of the House of Representatives. With any luck the co-sponsors would sign the petition. By November 15, 2001 the discharge petition had 18 signatures and by November 20, H.R. 218 had 223 congressional co-sponsors. May 7 2002 - Congressman Cunningham hold press conference on Capitol Hill with fellow Members of Congress, Jim Fotis of LEAA and Don Baldwin of National Law Enforcement Council. The press conference calls upon Members to sign the discharge petition and for Chairman Sensenbrenner to give H.R. 218 a hearing. May 8 2002 H.R. 218 moves on the Senate side as companion legislation, S. 2480 is introduced by Judiciary Committee Chairman Leahy. The bill is also cosponsored by Ranking Member Hatch and Senators, Baucus, Cleland, Domenici, McConnell and Sessions. May 15 2002 S. 2480 is more than halfway to a Senate Majority in cosponsors, with 27 total. June 2002 Even though a bi-partisan majority of more than 260 House Members are signed on to H.R. 218 as cosponsors, House Judiciary Chairman James Sensenbrenner continues to block the legislation by refusing it a hearing in his committee. July 23, 2002 The Senate Judiciary Committee holds a hearing on S. 2480, Representatives from the Law Enforcement Alliance of America, the Fraternal Order of Police and the Federal Law Enforcement Officer’s Association testify in favor, with numerous other organizations submitting statements of support for the record. Only the International Association of Chiefs of Police testify against the bill. Ironically, the IACP witness, Chief of the Colorado State Police, saw fit to bring his firearm with him out of state when traveling to an IACP convention in California where the gun and his uniform were stolen. September 19th 2002 Senate Judiciary Committee debates S. 2480, Senator Kennedy and Senator Durbin seek to water down the bill with anti-gun amendments. November 14th 2002 The Senate Judiciary Committee votes to report the bill favorably, albeit with amendments that add restrictions to the bill. December 2002 The Senate adjourns without voting on S. 2480. At closing, the legislation had received the support of 41 Senators who co-sponsored the bill. The House Adjourns with 275 Members of Congress signed on as cosponsors for H.R. 218. Even though the bill is backed by an amazing bipartisan majority that spans Barney Frank (D-MA) on the left to Bob Barr (R-GA) on the right, H.R. 218 goes two years in Congress without a single hearing, even in subcommittee. House Judiciary Committee Chairman James Sensenbrenner (R-WI) single-handedly blocks legislation supported by a majority of his colleagues and is unchallenged in his defiance by House Leadership.
108th Congress January 6th 2002 On the very first day of the 108th Congress, Representative Duke Cunningham reintroduces H.R. 218. Nearly 60 of his colleagues join him in signing on as original cosponsors. January 30th 2003 Senator Ben Nighthorse Campbell (R-CO), a longtime activist for law enforcement officer safety, introduces S. 253, along with support from Judiciary Committee Chairman Orin Hatch (R-UT) and Ranking Member Patrick Leahy (D-VT) as well as numerous other Senators. February 6th The Senate Judiciary Committee debates S. 253, defeating attempts by Senator Kennedy to kill the bill with Amendments. The Committee votes to pass the legislation without amendment. April 9th 2003 Congressman Cliff Stearns (R-FL) becomes the 218th cosponsor of H.R. 218, giving the bill the support of a majority of the House’s 435 members. July 25th The House Adjourns for Summer recess with 260 cosponsors of H.R. 218. Despite a majority support and action in the Senate, Chairman Sensenbrenner still refuses to allow H.R. 218 to have a hearing.
(2004 Victory Chronology is now being compiled and updated -- please check back.) July 22, 2004: H.R. 218 is signed into law by President George W. Bush. |
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