Passing H.R. 218: It All Begins On November 7, 2000
LEAA Staff, October 2000

News headlines from around the country are filled with incidents that illustrate the complex world of law enforcement with its maze of jurisdictional boundaries in which officers live and work. This being the case, it demonstrates the practical need for H.R. 218 to be written into federal law.

LEAA members have sent us articles and stories about officers who’ve found themselves or colleagues caught in the jurisdictional trap where they are transformed from defenders of the law into potential law-breakers, as they carry their firearms into prohibited regions.

The situation is particularly grave on the Nation’s East Coast. There, ribbons of roadway and accessible interstates 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.

Whether an officer is on-duty pursuing multi-jurisdictional drug traffickers, or happens upon a life-threatening situation while off-duty, the hodgepodge of state, municipal and local gun laws compound the frustration and threats faced.

One Law For Everybody
Rather than a nation where “Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States” (Article IV, U.S. Constitution), we’re becoming a Balkanized country where citizens who enjoy the rights and responsibilities honored in one jurisdiction find themselves in violation of the laws of the neighboring city, state or town.

But when it finally gets signed into law, H.R. 218 will restore the “privileges and immunities” and the professional dignity, that comes with the job, to the qualified current and retired men and women of law enforcement. H.R. 218 will affect approximately 1 to 1.5 million current and retired officers, allowing them to take the firearms, with which they’re trained, across state lines to protect themselves and others — that’s why we call it the “Community Protection Act.”

This message must be hammered home to Congress and to whoever occupies the Oval Office come January 20, 2001. Currently, LEAA’s list of H.R. 218 cosponsors has grown to 168 — the most ever! LEAA has been working tirelessly to garner congressional support for our

flagship legislation even as the 106th Congress draws to a close. We have included the list of those current cosponsors here for your convenience so you can be aware of who truly supports our nation’s men and women in blue — especially as Election Day draws near.

In January 2001, when Congressman Duke Cunningham drops H.R. 218 as the 107th Congress begins, you will need to refer back to this list of cosponsors and make sure that each one signs back on to the bill. It is important to keep in mind that one reason November’s election is so very important is the fact that if we lose any of the pro-police congressmen, H.R. 218 will be more difficult than ever to pass.

Also, electing George W. Bush as president will make it that much more likely to get H.R. 218 signed into law. That’s just the kind of momentum we need to further this life-saving legislation.

There’s a plethora of stories out there that give credence to the need for LEAA’s “Community Protection Act.” The following compilation of incidents, illustrating how critical H.R. 218 really is, is presented so LEAA members can remind congressional representatives in cards, letters, conversations, and telephone calls of why we need this important legislation.

Off-Duty But Ready to Protect and Serve
On August 13, 1998, two off-duty officers with the Washington, D.C., Metropolitan Police Department are enjoying a game of pool across the Potomac from the Nation’s Capitol. 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, the DC officers do not get charged for carrying firearms in Arlington County, Va. But, if this situation had been reversed and Virginia officers had stopped a similar incident in the District of Columbia, the conclusion to this story would more than likely be entirely different, as the officers would have faced some serious criminal charges.

Prompted by this pool-hall incident, an Arlington, Va., officer writes to the Maryland State Police less than a month later to see whether Maryland will 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.” Instead, the officer from Virginia must apply for a hard-to-obtain Maryland concealed-carry permit. 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!

One of the most blatant examples of the injustices posed to law enforcement officers by the absence of H.R. 218 as national policy was documented by LEAA in 1995. An officer from Prince George’s County, Md., was on vacation in North Carolina. During a “routine” traffic stop, the visiting officer, as a matter of courtesy, told the Carolina state trooper that he had a firearm in the vehicle. The Maryland officer was immediately arrested for carrying a concealed firearm.

Typically, law enforcement officers whether on-duty, off-duty or retired from the job, differ from many other citizens “who don’t want to get involved” typically “Once a cop, always a cop,” seems to be a true rule of thumb. Subsequently, we hear of news accounts where lives are saved thanks to an armed off-duty officer on the scene, who gets involved.

In February of this year, a former New York City policewoman was robbed and beaten by an armed 6-foot-6, 320-pound assailant. When the man threatened to kill the woman, she drew her 9mm pistol and fired. The man fled, jumped into his car and drove toward the former officer. The car knocked her to the ground. Still, she was able to fire rounds through the back window. The suspect was later arrested with three bullet wounds in his torso.

Then in 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, Calif., 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.

Should opponents of H.R. 218 scoff at the threats posed to off-duty 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 gas. 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 en route to the hospital.

How much longer must we wait?
How many other officers, like Officer Mason, must pay the ultimate price before the “Community Protection Act” becomes law? The men and women in blue in our great country deserve better than this. By pushing our lawmakers to pass this legislation we protect, not only the nearly 700,000 active officers and the hundreds of thousands of retired officers, but all of America, in all our communities.

That’s why you must contact your U.S. senators and congressman, and any candidate running in this year’s federal election. Make sure that those who you’re voting for are supportive of this important issue, and that they will make a commitment to helping LEAA get H.R. 218 passed in the 107th Congress.

Now is the time to start solidifying our base to ensure the 107th Congress is more successful than ever. We’ve had a great run during this congressional session, and LEAA is confident that we can go further than ever by voting for conservative, tough-on-crime congressmen and senators and a president who will truly listen to law enforcement concerns — like George W. Bush. And that’s where we need your help and support once again. It’s up to all of us to vote on November 7, and get our friends and family to the polls, to vote for those who will help us attain our goals and protect all our rights.