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Kennedy Calls Officer Safety Act a “Giant Step In The Wrong Direction”

Senator’s Anti-Gun Agenda Jeopardizes Public Safety and the Safety of Officers Nationwide

Steve Young, National President of the Fraternal Order of Police, took issue with Senator Edward M. Kennedy’s (D-MA) opposition to the F.O.P.'s top priority, S. 2480, the “Law Enforcement Officers’ Safety Act.”

“The number of amendments he offered at the mark-up today were clearly intended to gut the bill and prevent a vote on final passage--a vote we would have won,” said Young. “It is clear to me that Senator Kennedy just doesn’t understand--this bill isn’t about firearms--it’s about the safety of law enforcement officers and the safety of our citizens. The National Fraternal Order of Police will be working with the members of the Massachusetts State Lodge to persuade Mr. Kennedy to be more sensitive to the public safety implications of the legislation.”

S. 2480, introduced by Senate Judiciary Chairman Patrick J. Leahy (D-VT) and Ranking Member Orrin G. Hatch (R-UT), would exempt qualified active and retired law enforcement officers from State and local prohibitions on the carrying of concealed firearms, enabling off-duty and retired law enforcement officers to carry their firearms, even when traveling outside their home jurisdiction. The Senate bill currently has thirty-seven (37) cosponsors, eleven (11) of whom are members of the Judiciary Committee.

“Senator Kennedy opposes this bill because he doesn’t like guns--pure and simple,” Young explained. “At the mark-up, he called for closing the gun show loophole and extending the length of time the FBI holds on to background checks. Neither of these issues has anything to do with this bill, which is to enhance public safety and the personal safety of officers outside their jurisdictions.”

One of the four amendments proposed by Senator Kennedy would have eliminated the ability of qualified retired officers to carry their firearms under the provisions of the bill. The others would have recreated on a local level the same patchwork of different laws that the bill aims to correct at the State level.

“This isn’t a controversial bill to anyone but Senator Kennedy,” Young said. “I hope the committee will be able to reschedule the vote soon. Every day that goes by is one more day in which police officers are at risk.”



On 8 May, the Chairman and Ranking Member of the Senate Judiciary Committee, Senators Patrick J. Leahy (D-VT) and Orrin G. Hatch (R-UT), jointly introduced S. 2480, the “Law Enforcement Officers’ Safety Act.” The bill is the Senate companion to H.R. 218 and is identical, save for the name. Senators Max Baucus (D-MT), Max Cleland (D-GA), Pete V. Domenici (R-NM), Mitch McConnell (R-KY) and Jeff Sessions (R-AL) joined Senators Leahy and Hatch on the bill as original cosponsors. Both assistant leaders, Senators Harry Reid (D-NV) and Don Nickles (R-OK), are also cosponsors.

On 23 July, National President Steve Young appeared before the Senate Committee on the Judiciary to offer testimony in support of S. 2480, the “Law Enforcement Officers’ Safety Act,” at the request of the bill’s sponsor, Senate Judiciary Chairman Patrick J. Leahy (D-VT). Click here to read the full text of President Young’s testimony.

The Judiciary Committee mark-up of S. 2480, scheduled for 5 September, was postponed due to the nature and number of amendments offered by Senator Richard J. Durbin (D-IL). The National Legislative Office worked with Senator Durbin’s staff to craft a single amendment addressing some of the Senator’s concerns with the legislation. This amendment would be offered with the F.O.P.'s support at the mark-up scheduled for 19 September.

At the 19 September mark-up, Senator Durbin’s amendment was agreed to. However, Senator Edward M. Kennedy (D-MA) was recognized and spoke out strongly against the bill, describing it as a “giant step in the wrong direction.” He stated that he believed the bill to be an “affront” to States’ rights and that he saw “no justification” to include retirees.

He offered four amendments, despite knowing that the votes were present and in place to defeat them. We believe this was an effort to prevent a vote on the bill itself, which certainly had the votes to pass. His delaying tactics succeeded, because the committee was unable to maintain a quorum long enough to consider all four amendments.

Only one amendment, restricting the type of firearm that could be carried, was considered before the quorum was lost. It failed on a tie vote. The Senators voting FOR the amendment and AGAINST the F.O.P. were as follows: Senators Kennedy, Biden (D-DE), Kohl (D-WI), Feinstein (D-CA), Feingold (D-WI), Schumer (D-NY), Durbin, Cantwell (D-WA) and Specter (R-PA).

The Senators voting AGAINST the amendment and WITH the F.O.P. were as follows: Senators Leahy (D-VT), Hatch (R-UT), Thurmond (R-SC), Grassley (R-IA), Kyl (R-AZ), DeWine (R-OH), Sessions (R-AL), Brownback (R-KS), and McConnell (R-KY).

Senator Edwards (D-NC) was not present and did not vote.

Chairman Leahy made every effort to maintain a quorum so that the amendments on the bill could be resolved and a final vote taken. Unfortunately, because of the Senate business on the floor and in other committees, he was unable to do so. Thus, further consideration of S. 2480 has been postponed and will be rescheduled at a future meeting of the Judiciary Committee.

It is CRITICAL that we get the word out to our members to contact Senator Kennedy and register our view on his opposition to our TOP PRIORITY. You can click here to send an e-mail to Senator Kennedy, asking him to withdraw his amendment and support S. 2480.

HOWEVER, E-MAIL ALONE WON’T GET THE JOB DONE!!! SENATOR KENNEDY’S OFFICE MUST ALSO BE FLOODED WITH PHONE CALLS AND FAXES. PLEASE TAKE THE EXTRA TIME TO PHONE SENATOR KENNEDY IN WASHINGTON, D.C., OR HIS BOSTON OFFICE.

Senator Edward M. Kennedy (MA)
Staff contact: Robin Toone, 202-224-7878; Fax (202) 224-2417
Boston office phone number: (617) 565-3170
senator@kennedy.senate.gov

We are urging ALL F.O.P. MEMBERS to contact both of their Senators, especially the members of the Judiciary Committee, and ask them to support S. 2480 and vote AGAINST the Kennedy amendments.

The bill currently has 37 cosponsors. Congratulations to the State Lodges of Arkansas, California, Georgia, Kentucky, North Carolina, North Dakota, Oklahoma and Virginia, each of which has both their Senators signed on.

We have attached a model letter which thanks Senators who have agreed to be cosponsors. We would urge the State Lodge to send one to those Senators who have done so.

In the House, the National Legislative Office continues to make H.R. 218, the “Community Protection Act,” its top priority. Despite a growing majority of Representatives as cosponsors of the bill, it continues to be held at the direction of the Chairman of the Committee on the Judiciary, Congressman F. James Sensenbrenner, Jr. (R-WI).

We are also asking all F.O.P. members to call Rep. Sensenbrenner and RESPECTFULLY REQUEST that he allow the bill to come to a vote. He can be reached in Washington at 202-225-5101 or in his Brookfield, Wisconsin office at 262-784-1111. Please remember to be respectful--Rep. Sensenbrenner disagrees with us about the need for the bill, which is fine. But it will not come to a vote unless he allows it.

The bill currently has two hundred and sixty-six (266) cosponsors. (Note that this is less than the total you will find on the THOMAS web site, because we are not counting Representatives Norman Sisisky and Floyd Spence, who have died, and we are not counting Representatives Asa Hutchinson, Steve Largent and Joe Scarborough, who have left the Congress.)

The bill’s sponsor, Congressman Randy “Duke” Cunningham, is working very hard on our behalf to get this bill out of committee. He needs your help to do so! We have attached a model letter and are asking ALL State Lodges to send a copy of this letter to the National Legislative Office and Representative Cunningham.

Send the letter by fax to:
BILL MCCULLOUGH, Office of Rep. Cunningham, 202-225-2558
TIM RICHARDSON, National Legislative Office, 202-547-8190

In addition, we are asking ALL members to write, call and e-mail their Congressmen and ask them to cosponsor H.R. 218 if they have not already. If they are cosponsors, ask them to work to get the bill to a vote in the Judiciary Committee or on the House floor.

We are confident that we can still make this happen in this Congress--but not without your active grassroots support!

You can also get updated information here.