With the White House On Board
H.R. 218 Moves Ahead
LEAA Advisor, Summer 2001

After eight years, a few revisions, name and number changes, and countless hours of sweat equity invested by LEAA officials, staff and Members, H.R. 218 has found a Congress and a President who are favorable to making this bill the law of the land. With a truly “law enforcement-friendly” Administration under President George W. Bush in place, the Congressional and community support LEAA has built over the past eight years, prospects for final passage of H.R. 218 are brighter than ever.

Of course, no truly important legislation goes through today's Congress without snags. And H.R. 218 is no exception. Right now we are working for a firm date for Congressional hearings which will pave the way for a floor vote. Despite the inevitable delays and difficulties, we remain confident that LEAA's flagship legislation will become law.

The Birth of a Great Idea On May 9, 1992, the requests and, in some cases “pleas” of LEAA Members to pass legislation safeguarding the lives of law enforcement, their families, fellow officers, and communities coalesced into H.R. 4897, then called the “National Police and Peace Officer Protection Act.” That day saw Congressmen Randy “Duke” Cunningham (R-CA) and Ralph Hall (DTexas), at the request of LEAA, officially introduce the bill before Congress.

Simply put, H.R. 4897 called for federal permission to allow qualified active and retired law enforcement officers in good standing to carry firearms across state lines without fear of violating the confusing and often contradictory patchwork of state and local firearms legislation. By the end of the 102nd Congress, the fledgling bill gained co-sponsorship of 15 Members of Congress. By contrast, at the close of the last Congress, the 106th, H.R. 218, which evolved from H.R. 4897 enjoyed the support of 169 co-sponsors, the endorsement of 75 law enforcement associations, had a brief moment of fame as 372 House members voted “Yea” to append it to the subsequently defeated Juvenile Justice Bill and even had the “public” support of then-Vice President Al Gore in his “promise- them-anything” bid to succeed Bill Clinton.

Gaining Momentum, Confronting Controversy As 1992 dawned with a new congress, Rep. Cunningham reprised LEAA’s legislative quest for law enforcement protection and national recognition of the training, responsibility and judgment of law enforcement officers who risk their lives daily. On March 10, 1993, the rock-solid supporter of Law Enforcement officer rights, Rep. “Duke” Cunningham reintroduced the bill, under the new identifier as H.R. 1277. The bill’s new name spotlighted the broader benefit to the nation that its passage would provide.

The bill’s new, more correctly descriptive name was the “1993 Community Protection Initiative.” “Community” protection was argued to be the most fitting label. Enforcement of community laws and, therefore keeping peace in communities across the nation, is the first mandate of law enforcement personnel. LEAA reasoned that a federal statute underscoring the nation’s appreciation for the lives of its law enforcement community could only reap the added benefits that come when officers’ lives (and those of their families) are more secure. Too many officers, on vacation, offduty in other jurisdictions, or retired and just going about their lives after “the job,” found themselves face to face with individuals they’d arrested and whose lifestyles had changed very little even after spending a chunk of it in prison. Felons knew the officers were out of their jurisdiction and therefore not legally allowed to carry firearms.

Ironically, current gun laws disarmed only the officer, not the criminal. LEAA reasoned that a significant element of community protection is the level of respect that community has for its laws. Rather than have community standards made a laughing stock and ignored by even the traditionally law abiding, it was time for a change. Communities also gained from armed off-duty, visiting, or retired officers happening upon a scene where civilian or fellow officers’ lives were threatened with no immediate backup in sight. Perhaps the biggest “plus” for the nation’s communities is seen when viewing the premise and benefits of the LEAA-crafted legislation from a “big picture” point of view.

The LEAA-pushed bill would more than double the number of armed individuals with law enforcement training, experience and judgment on the streets. In effect it would more than double the nation’s law enforcement personnel capable of stopping or deterring life-threatening crime. Without taxpayers having to pay a single, hard-earned dime! By LEAA estimates almost one million trained officers over and above those on-duty would be allowed to carry firearms legally in virtually every community in America. As commonsense a measure as the “1993 Community Protection Initiative” was to LEAA and its membership, nevertheless that year saw organized opposition to the measure emerge from none other than fellow law enforcement organizations. Some police groups opposed it over “concerns” about states’ rights and liability.

The National Association of Police Organizations (NAPO), one of the original supporters of the bill, claimed that it feared the possible elimination of federal grants to local agencies, should H.R. 1277 pass. Interestingly, competing police groups suddenly decided to draft their own versions of H.R. 1277, perhaps to glean some of the glory they figured was coming from grateful officers to LEAA. Perhaps, their motivation was linked to the sudden cozying up to law enforcement by the Clinton Administration. Regardless, LEAA successfully refuted each criticism leveled at H.R. 1277. Despite the controversy within the law enforcement community, the close of the 103rd Congress saw support for the bill grow to 62 co-sponsors.

Spreading the Word The 1994 elections saw a vast number of anti-gun lawmakers swept out of Congress. It was a voter revolt against the Clinton Administration’s heavy-handed “gun ban” tactics. With the installation of the new 104th Congress, LEAA redoubled its efforts to gain legislative and popular support for this important bill. And, once again, Congressman Cunningham took center stage. On January 4, 1995, the “Community Protection Initiative of 1995” was given the Congressional designation it has enjoyed for the past half decade, H.R. 218.

LEAA’s outreach efforts on behalf of H.R. 218 also took on new dimensions including a print ad campaign aimed at law enforcement publications, media events and recruiting nationally renown journalists to pen stories about the bill. Massad Ayoob (an LEAA Member) helped launch the effort with the publication of his article, “Off Duty But Armed, When It’s Life or Death,” in Guns & Weapons for Law Enforcement magazine. On June 23, 1995, Pennsylvania’s Senator Rick Santorum introduced H.R. 218’s Senate companion, S. 960. Full-page ads graphically illustrating reasons to support H.R. 218/S 960 began to appear in law enforcement journals throughout the nation, at great expense to LEAA. By mid-summer, LEAA’s efforts began to pay dividends.

LEAA created and distributed thousands of these “H.R. 218 at-a-glance” handouts to rank-and-file law enforcement, concerned citizens and legislators over the last few months. These hard-hitting palm cards are available to members for 25¢ per piece (min. 4). You can help keep the momentum for the H.R.218 going. Please call us toll free (800)766-8578 to order your H.R. 218 palm cards.

On July 18, 1995, the House Judiciary Committee held the firstever hearing on H.R. 218. Ed Nowicki, an LEAA Life Member whose reputation as a trainer, writer and expert on the use of force is known throughout the law enforcement community, testified on behalf of the bill’s passage. Later, Senator Orrin Hatch, chairman of the powerful Senate Judiciary Committee signaled his support for S. 960. Unfortunately, he could not muscle an opening on the Senate’s schedule for a vote prior to the 1996 Elections. That year LEAA distributed over 80,000 petitions on behalf of H.R. 218 to law enforcement personnel. LEAA representatives took to television and radio touting the need for H.R. 218. Formal support from law enforcement groups began to roll in as did Congressional co-sponsorships. As the 104th Congress closed, 142 Members signed aboard.

H.R. 218 Express, Derailed by an Intern Named Monica The 105th Congress saw LEAA’s efforts swing into even higher gear. Congressman Cunningham again did the honors of introducing our bill, now called “The Community Protection Act of 1997” but retaining the now familiar H.R. 218 designation. LEAA’s letter campaign produced a flurry of new law enforcement support. Members of the Philadelphia FOP Lodge #5, the nation’s largest local, sent letters urging its passage.

By late July, the House Crime Subcommittee had hearings on H.R. 218. Again, LEAA Life Member Ed Nowicki pounded home persuasive testimony. LEAA’s national ad campaign splashed pro-H.R. 218 ads in major law enforcement publications. Editorials supporting the LEAA bill began popping up across the country. H.R. 218 headed for mark-up by the House Crime Subcommittee by mid 1998. There, a provision to extend reciprocity for civilian concealed carry permits among states was appended to the measure and H.R. 218 received its first official vote ever. The Subcommittee passed it 7 to 2.

The civilian provision had a downside. Thanks in no small part to pressure from the Clinton-Gore Administration at the instigation of Handgun Control Inc. (HCI), the bill’s momentum ran headlong into its second major controversy. NAPO, one of the bill’s earliest supporters reversed its field and joined the notoriously anti-gun rights Police Executive Research Forum (PERF) and other national law enforcement groups currying favor with the Administration (like the International Brotherhood of Police Officers) in denouncing the bill. However, National FOP stepped up to the plate and took a mighty swing at the opposition by endorsing H.R. 218.

HCI employed its scurrilous tactics and, in a press conference on Capitol Hill, attempted to link H.R. 218 to the tragic slayings of two Capitol police officers in the Capitol itself that shocked the nation. At a subsequent HCI press rally, LEAA’s Jim Fotis ambushed Sarah Brady by reminding her and the press of her organization’s initial statement that H.R. 218 was “non-controversial.” Undeterred by the noise of protest, the full House Judiciary Committee blessed H.R. 218 for its trial by fire, a vote before the entire House of Representatives.

As LEAA waited anxiously for a vote date, a 4000 page volume, entitled the Starr Report hit the headlines. Despite its momentum, H.R. 218 joined all the other legislative matters relegated to Congressional backburners as intimate details of President Clinton and an intern named Monica titillated the nation and embarrassed the country before the rest of the world.

H.R. 218 Proves It Has Legs The two years of the 106th Congress were more of the same. Duke Cunningham again performed magnificently as H.R. 218’s standard-bearer. More letters of support poured into Congress. LEAA’s Executive Director, Jim Fotis was relentless in his efforts to bring the merits of H.R. 218 to the public, the press, and policy- makers’ attention. He wrote columns in LEAA’s Shield. His “Street Cop” column in Guns & Ammo told countless tales of real-life experiences where H.R. 218 would have made a difference. He and LEAA staff crisscrossed the nation and logged in literally hundreds of miles of corridor walking and office door knocking throughout the House office buildings. On March 25, 1999, Senators Campbell of Colorado and Hatch of Utah introduced a Senate companion bill, S. 727, “The Law Enforcement Protection Act of 1999.”

By May, H.R. 218 hit the 100 House co-sponsor mark. Meanwhile NAPO again attempts to sidetrack support for H.R. 218 by introducing its own version. However, that organization’s apparent disdain for retirees (again excluded from their knock-off legislative effort) failed to win support among House Members. Mid-year saw Rep. Cunningham ask LEAA for help in having H.R. 218 added to the massive Juvenile Justice Bill. Now lacking the “civilian” provision of its earlier incarnation, LEAA’s Fotis waved H.R. 218 under Sarah Brady’s nose. Fotis asked HCI and Brady if they would honor their word pledging support for the now purely police matter? On the eve of the House debate, Brady and HCI refuse. No matter. On June 18, 1999 LEAA cheers as H.R. 218 receives an overwhelming vote of support and clears the full House by a whopping 372-53.

Sadly, 218 was stalled when the bill it was attached to was shelved. Jim Fotis’ compelling essay, “A Tale of Two Cops,” in LEAA’s Shield magazine kicked off the campaign for H.R. 218 for the year 2000. LEAA staff quickly added 50 new co-sponsors to the bill. And, with the run for the White House in overdrive, even Al Gore embraced the bill in an attempt to curry last-minute favor with the nation’s law enforcement community. The then-Vice President’s example even led the notoriously anti-gun New York Congresswoman Carolyn McCarthy to sign on as a co-sponsor. Gore’s transparent political gambit failed to impress LEAA.

In September, LEAA representatives flew to Little Rock, Arkansas to meet with candidate Bush. Helping to elect George W. Bush was a top LEAA priority for the remainder of the campaign season. H.R. 218 closed out the 106th Congress with 169 co-sponsors and 75 law enforcement organizations calling for its passage. As this article goes to press, Rep. Duke Cunningham has reintroduced H.R.218 and there are already 172 co-sponsors. LEAA staff are working tirelessly to secure a hearing date for H.R. 218 before the House Crime Subcommittee. Be sure to check the LEAA website periodically for breaking news regarding H.R. 218. With your help and support we are going to make H.R.218 the law of the land.