Federal Legislative Update

Law Enforcement Issues

S. 1065 (Campbell, R-CO) This legislation would provide additional block grants for the purchase of bullet resistant, soft-body armor and related ballistic safety products, such as ballistic glass windshields for patrol cars. Senator Campbell has long been an advocate for block grants to provide soft body armor for law enforcement and continues that push with this legislation. His bill targets departments and agencies that have a greater need based on the lack of equipment or excessive violent crime. The bill has been referred to the Senate Commerce Committee.

S. 253 (Campbell, R- CO) The Senate version of H.R. 218, this legislation was voted out of the Senate Judiciary Committee in April of 2003. Since then the legislation has been waiting on the full Senate to vote. In March of 2004, the bill’s language was offered as an amendment to legislation banning frivolous lawsuits against gun manufacturers. The “cop carry” amendment passed with a vote of 91-8, with only Senators Akaka (D-HI), Dodd (D-CT), Durbin (D-IL), Fitzgerald (R-IL), Inouye (D-HI), Kennedy (D-MA), Lautenberg (D-NJ) and Sarbanes (D-MD) voting against the "cop carry" amendment.

The bill to which the cop carry amendment was added, ultimately failed after two gun control amendments were tacked on by a slim margin. Senator Kerry, who had missed every Senate roll call vote of 2004 up until that day, traveled to DC to cast his vote for the two gun control provisions, effectively sealing the fate of the cop carry effort.

Presently, S. 253 is stalled, awaiting a full Senate vote. For more information on what you can do to help, visit LEAA’s H.R. 218 Action Center.

Firearms Issues

Frivolous Lawsuits
Legislation barring frivolous lawsuits against gun manufacturers and legitimate distributors (the very same entities that provide the majority of police firearms in America) passed the House in 2003, but narrowly failed in the Senate. Although there was strong Senate support for protecting America’s hunting and shooting industry from being blamed for the intentional actions of criminals, the narrow passage of two gun control amendments to the underlying legislation caused its demise. For now, law abiding citizens, police officers and departments will be stuck with the tab of higher prices and limited availability as the team of trial lawyers and liberal big city mayors cavorts with the anti-gun lobby to bankrupt America’s hunting and shooting industry. Although the courts have overwhelmingly rejected these frivolous lawsuits, the sheer cost of fighting so many suits at one time is having the impact intended by those who conjured up the frivolous lawsuit scheme.

1994 Clinton Gun and Magazine Ban
The 1994 legislation passed by Clinton and a Democrat controlled House and Senate that banned new sales and production of a variety of semi-automatic firearms and their respective magazines, is set to sunset in September of 2004. The original legislation included the expiration date with the caveat that the legislation ought not to become permanent law unless it could be clearly and solidly demonstrated to have been a success.

Studies released by the Justice Department under President Clinton admitted that there has been little noticeable affect from the legislation, an outcome not surprising given that the targeted firearms were never used in even a minimal percentage of violent crimes. The studies confirm the experiences of the cops on the street: these guns were never used often in crimes and therefore the ban did little to fight crime and did much to waste precious limited resources.

Despite this, the arbitrary ban is being pushed for renewal and even expansion by some anti-gun advocates. Stand alone efforts to pass renewals and expansions of the Clinton gun and magazine ban have failed, as well as efforts to attach the ban as an amendment to other legislation.

Criminal Justice

Amber Alert
LEAA weighed in to support H.R. 1104 (Sensenbrenner, R-WI), known as the Child Abduction Prevention Act. This bill addressed a variety of crimes against children, including added penalties for child abusers and sex offenders, a “two strikes” provision for child sex offenders and funding for implementation of the “Amber Alert” system. The legislation passed within a month of introduction and was signed by the President shortly thereafter.

Death Penalty
Senator Feingold (D-WI) continues his efforts to attack the death penalty. The Senator has introduced legislation that would place a moratorium on the death penalty and another bill that would abolish it outright. Senator Feingold’s bill expressly ends the death penalty for; the murder of a law enforcement officer, the assassination of the President of Vice President, convictions of Genocide and the Terrorist murder of an American citizen on foreign soil. The vast majority of Americans and larger majority of America's crime victims and law enforcement professionals support a fair, swift death penalty for the most egregious of criminals.

Other

Armed Pilots
Since LEAA first got involved in the fight to arm America’s pilots in defense against terrorists, back in October of 2001, it has been a long and drawn out battle. LEAA Members will recall that the initial reaction of Bush Transportation Secretary Norm Manetta was opposition. Shortly after he stepped down, the Administration reevaluated its position and Congress took up the fight in earnest.

LEAA appeared with representatives of the pilots’ unions, flight attendant’s unions and Senate leaders at a press conference urging final passage. Although Congress enacted the armed pilots program into law, known as the Federal Flight Deck Officer program (FFDO), the Transportation Security Administration stalled it, making the program as difficult as possible for pilots to complete.

After nearly two years of fighting TSA to streamline the program and create an FFDO program that will allow more pilots to participate, Congress and advocates of the armed pilots' idea have again resorted to new legislation. Just recently, LEAA appeared with Senator Bunning (R-KY) and colleagues to speak at a press conference on the introduction of new legislation that would take away TSA’s ability to stall the program, including allowing outside agencies to train more pilots who wish to be able to be armed to protect themselves, their crews, their planes and their passengers from terrorists.