Laser-Aiming Devices: Targeting the Misuse

They’re fun and exciting “toys” for many consumers these days, although lasers were much more elusive and out-of-reach just a decade ago when we merely knew them as a staple in the sci-fi superhero’s arsenal. Actually, laser devices are rather -common now; you can buy them practically anywhere. Teachers and business professionals use them for instructional purposes, while police officers and soldiers still use them for target acquisition. And this is usually the context in which cops perceive laser-aiming devices.

Therefore, when an officer is performing a traffic stop in a dark, seedy part of town and the vehicle is brimming with rowdy, uncooperative adolescents, and the officer suddenly sees a floating red dot nearby, a swift response is often justified.

In a split-second, how is an officer suppose to determine the source of the red dot? Is it a reckless kid who means no harm with his newfound toy? Or is it a parolee who’s just been stopped in a stolen car who’s now pointing his laser-equipped pistol at the approaching officer’s center-mass?

It’s time citizens realize the threat that these technological devices pose to law enforcement officers, and it’s time for lawmakers to handle the matter wisely — but not with irrational, knee-jerk solutions, as they’ve been known to do.

The Laser Safety Act

The discussion surrounding the threat of laser-aiming devices heated up in January 1999 when Calibre Press sent an electronic newsletter to their 50,000+ police-only subscribers detailing the murder of a Chicago police officer; the killer was equipped with a laser-sighted firearm. Calibre Press, a well-known publisher/distributor of -officer-survival material, appropriately stated that this officer’s death “serves as a grim reminder that red laser dots should, for good reason, cause police officers serious concern.”

Then Calibre Press’s lead instructor and expert witness Dave Grossi explained that “just like with toy guns, if an officer -reasonably believes that someone has acquired him as a target with a laser-sighted gun, and is facing a life-threatening situation, deadly force could be justified under certain circumstances.”

Seeing the need for a thoughtful and -useful remedy, LEAA took the pro-active position of drafting the “Laser Safety Act,” and forwarding this late-breaking development to Calibre Press who subsequently -notified their 50,000 subscribers that LEAA was on the cutting edge of this issue, directing them to LEAA’s home page for more details. The response was simply phenomenal. More than 100 inquiries were received in the first few weeks from cops wanting to know more. And countless others were able to download all the details and the model legislation from our home page. One officer from Upstate New York summed it saying, “Your legislation is the perfect answer. I also like it because it does not interfere in any way with the legitimate use of laser pointers.”

This officer hit the nail on the head, and quickly recognized LEAA’s motivation in -getting involved in the issue.

In keeping with LEAA’s agenda of punishing the criminal misuse of a tool, rather than the tool itself, LEAA replicated our approach to firearms by developing legislation that doesn’t target the lawful ownership and use of laser pointers; rather it punishes the -criminal misuse. After all, it takes a person to commit a criminal act, not a laser pointer, or a knife or gun or any other inanimate object. LEAA also wanted to thwart the attempts of misguided politicians and administrators who would like to restrict our freedoms and ban possession of lasers (much like they intend to do with firearms). Additionally, our legislation reflects the serious repercussions of pointing a laser at a police officer and -heightens the public’s awareness.

Specifically, the Laser Safety Act makes it a felony to direct lasers at police officers. Further, the Laser Safety Act mandates punishment for those who harass or intimidate a law enforcement officer with a laser.

Success Thus Far

Now that lawmakers are beginning to -realize how the misuse of laser devices is causing concern among law enforcement officers, many are rushing to pass some ill-conceived measures at the city and state level. LEAA wants to meet this need by circulating our bill with the hopes of getting the Laser Safety Act adopted in all 50 states, and in Congress.

In its first year, LEAA’s Laser Safety Act has already been signed into law in Louisiana, and similar legislation has been enacted in Washington and Tennessee. Then we got a huge break. In December, the Laser Safety Act was adopted as “model legislation” by the American Legislative Exchange Council, an organization of conservative -legislators ­ both Democrats and Republi-cans ­ operating on the principle that government and private industry should work as partners to solve the problems facing our country. ALEC’s support of this bill will be instrumental in exposing this level-headed solution to lawmakers from every state.

Momentum is also catching on in city governments as many towns have passed some good and not-so-good ordinances. In February 1999, a far-reaching misdemeanor law went into effect in New York City that prohibits the sale of, or offer to sell, a laser pointer to anyone under 18 and prohibits anyone under 18 from possessing one in public. This law also dictates that sales displays of lasers may not be accessible to buyers in an unsupervised location without the assistance of a sales person, and makes it unlawful for anyone to project a laser into or through a public place.

On the federal level, we’ve been in search of a congressional sponsor. LEAA’s legislative team recently notified the 75 members of the Law Enforcement Congressional Caucus about our model legislation and shared with them the concerns surrounding the misuse of lasers. Shortly thereafter, the calls began pouring in with congressmen expressing interest.

Unfortunately, officers are finding themselves in precarious situations either with criminals purposely dotting officers or seemingly innocent citizens just doing it for kicks. With this type of legislation gaining popularity, LEAA wants to be on the front-end guiding lawmakers in the right direction by punishing the criminal misuse of a tool, not condemning the tool itself. After all, it’s not right to penalize the vast majority of law-abiding citizens who own and responsibly use lasers everyday, no more than it would be right to restrict all motorists because a few choose to drink and drive, or encumber all gun owners because criminals endanger others with firearms.

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"In a split-second, how is an officer suppose to determine the source of the red dot?”