Legislation

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Terrorism:

 

·          AELE has extensive legislative links on its Legal Aspects of Terrorism page.

 

Torture:

 

·          H.R. 5688, the Law Enforcement Torture Prevention Act of 2010

 

H.R. 218 – Concealed-Carry Law (Active and Retired Officers) 

  

·          Law Enforcement Officers’ Safety Act of 2004: The statute authorizes current and qualified retired officers to carry a concealed firearm throughout the U.S. AELE has posted a Specimen Policy to implement the law. At the end of the policy are links to other documents on this topic. 

 

Employment Law and accountability issues:

 

·         S. 449 State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2007.

 

·         H.R.980 Public Safety Employer-Employee Cooperation Act of 2007

(To provide collective bargaining rights for state and local officers)

 

International Association of Chiefs of Police, Inc. (IACP):

 

·         IACP Legislative Priorities in Congress: The IACP employs a full-time Legislative Counsel and a full-time Legislative Analyst in Alexandria, VA.

 

·         IACP Model Statutes: The subjects include: Arrest Authority, Citizen's Arrest, Emergency Vehicles, Immunities, Personnel Records and Information, Search Warrants, Stop and Frisk, Use of Force, Miscellaneous Immunity Statutes and Race Profiling.

 

Lautenberg “Gun Ban”:


In 1996 the Congress passed a Defense Appropriations Act. Sec. 658 of that enactment made it unlawful for any person who has been convicted of a domestic violence misdemeanor to possess a firearm or ammunition. There is no exception for persons who must carry a firearm on their jobs: law enforcement officers, security guards, or members of the Armed Forces. The statute has been contested in civil actions and arbitration proceedings:

 

·          In Georgia, a federal court upheld the ban in a suit brought by NAGE and a sheriff's deputy.

·          In Indiana, the 7th Circuit also upheld the ban in a suit brought by a terminated police officer.

·          In Washington, the federal Court of Appeals (D.C. Circuit) reversed its earlier ruling, and upheld the gun amendment against challenges raised under the Equal Protection Clause, the Commerce Clause, and the Second and Tenth Amendments.

·          In Cleveland, an arbitrator reinstated a police officer who had to be disarmed, following his conviction for a domestic misdemeanor; he found the penalty of termination to be excessive.

·          In Nebraska, another arbitrator declined to reinstate a corrections officer who had been terminated because of a similar conviction. Ironically, the conviction was set aside after his termination, but before the grievance was arbitrated. The employer was under no duty to keep the officer in an unarmed position while he sought post-conviction relief.

 

The Bureau of Alcohol, Tobacco and Firearms has prepared a Q & A on the law.

 

 

U.S. Constitution: For the full text of the U.S. Constitution, click here.

 

Links to proposed legislation, or links to websites that advocate the enactment of specific legislation, are listed for educational purposes only. Unless stated otherwise, AELE does not endorse any proposed or pending legislation by maintaining these links.

 

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