Congressional Testimony

July 23, 2002

Testimony for the Senate Judiciary Committee, Submitted by William J. Johnson, Executive Director, National Association of Police Organizations.

Mr. Chairman, Senator Hatch, members of the Senate Judiciary Committee, My name is William J. Johnson and I am the Executive Director of the National Association of Police Organizations. NAPO is a coalition of police unions and associations from across the United States that serves here in Washington D.C. to advance the interests of America's law enforcement through legislative and legal advocacy.

On behalf of 220,000 rank-and-file police officers, I would like to thank you for this hearing today on an issue of paramount concern to the safety of law enforcement officers, their families and our nation.

NAPO has fought tirelessly since 1992 to insure the ability of off duty and retired police officers to carry their firearm when traveling across state lines. In the House, NAPO has worked for the passage of H.R. 218 and we would like to thank the Chairman, Senator Patrick Leahy and Ranking Republican member, Senator Orrin Hatch, for introducing S. 2480, the 'Law Enforcement Officers Safety Act of 2002,' in the Senate. If enacted, this bill will rightly allow off duty and retired police officers to carry their firearms for self protection, the protection of their families and the general public. Current officers are skilled in weapons handling and retired officers would still have to complete continual certification tests to insure their abilities.

NAPO'S support of S. 2480 is three fold. First, this legislation will properly clarify right to carry laws for law enforcement officers across the nation. Second, it will serve to better protect the men and women of law enforcement, and their families, who are at greater risk from acts of revenge and reprisals from criminals. Lastly, as the
needs and responsibilities of homeland security increase, the legislation will serve to better protect the welfare of the general public as qualified and trained officers carry their side arm while traveling.

First, there currently exists a chaotic patchwork of inconsistent laws across the United States, varying state-to-state and jurisdiction-to-jurisdiction, as to the legality of law enforcement officers carrying their side arms. Police officers are often confronted with these varying and confusing state statutes when traveling across state lines and are made to feel like criminals themselves when unsure of each state's intricate and unique carry laws. These includes what type of weapon they may carry, weather or not they can carry one at all, whether it can be loaded or not, weather the weapon has to be concealed or exposed, where it can be kept in the automobile, in what condition and whether it matters that the officer is on or off-duty. A single transcending statute for law enforcement officers would facilitate current confusion and better protect their safety.

Secondly, for law enforcement, the right to carry will help protect officers and their families who may be marked targets by criminals. While most see the work of crime fighting by the men and women of law enforcement as a benefit to society, some unfortunately see law enforcement as the enemy. Society asks the men and women of law enforcement to protect the social welfare and stand between it and the anarchy of crime and violence. On this front line, law enforcement defends our safety for us and is therefor constantly in the eye of crime. Yet, when off duty, they are currently left unprotected from this threat. Criminals will not be deterred by state statutes or prevented from going outside of jurisdictional lines when seeking retribution and revenge against law enforcement officers who have enforced society's laws upon them. Though the officer's shift might be over, the safety of being off duty is painfully transparent because to the criminal, they are still the officer who enacted the arrest, jailed a fellow gang member or foiled the crime.

Lastly, for the public, law enforcement's right to carry will mean additional protection to our streets and communities, as trained and properly qualified current and former law enforcement officers travel outside of their jurisdictions. In a time when local law enforcement is stretched to the limit confronting the new and varied threats of terrorism, community crime prevention will have to share the plate with substantial local security concerns. A right to carry law for law enforcement should be made an intrinsic part of any homeland security plan because as the needs of homeland security increase, these first responders will be able to bring their experience and expertise to situations where before they might have been unable to act.

In conclusion, S. 2480 is necessary and beneficial for the general welfare of both the public and the law enforcement community. This legislation will clarify the varied laws that exist today, protect officers and their families when traveling from the constant threat we ask them to accept and safeguard the homeland security of our nation. Thank you for this opportunity to present the concerns of America's police.