During a House Judiciary Committee markup hearing, Rep. Jerry Nadler (D-NY) spoke in opposition a bill that would allow law enforcement officers to carry a concealed firearm while off duty or retired in certain federal facilities and across state lines.
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NewsTranscript
00:00 Mr. Chairman, the Oliosa Reform Act would remove critical gun safety protections from
00:06 the Law Enforcement Officers Safety Act, or Oliosa, which became law in 2004.
00:11 To understand just how problematic this bill is, it is helpful to revisit a little bit
00:17 of history from the Committee's past.
00:19 Under a Republican majority, the Committee report on Oliosa began by explaining that,
00:24 quote, "A state has traditionally, in the exercise of its sovereignty, controlled who
00:29 within its borders may carry concealed weapons and when law enforcement officers may carry
00:34 firearms."
00:35 Close quote.
00:36 The report explained that Oliosa would override virtually all state laws on concealed carry.
00:41 It would supplant the judgment of the states about the appropriate use of firearms by off-duty
00:46 and retired law enforcement, both for their own agencies and for the law enforcement agencies
00:50 of every other state, and would force states to allow these individuals to carry concealed
00:55 firearms within their borders.
00:57 The Republican chairman of the Committee at the time, Jim Sensenbrenner, began the markup
01:02 of the bill by saying, quote, "It is no secret that I am opposed to this legislation.
01:07 I believe it violates the principles of federalism and undermines the authorities of the states.
01:12 This legislation would disregard the judgment of state authorities on what many believe
01:17 is an important public safety issue."
01:19 Close quote.
01:20 I agreed with those sentiments, and we both opposed the legislation.
01:25 I also explained that the bill created the problem by allowing nationwide concealed carry
01:29 by off-duty and retired law enforcement without any national standard for training.
01:35 New York City could require one level of training, while a small rural city with very different
01:40 needs and a very different approach to policing could require a very different level of training.
01:45 And yet each would be forced to allow the others off-duty and retired officers to carry
01:50 concealed firearms within their community and potentially even in interactions with
01:55 their own on-duty law enforcement.
01:57 The International Association of Chiefs of Police, or IACP, opposed this legislation
02:03 too because they were concerned about how it could endanger law enforcement and could
02:07 lead to situations in which officers from one jurisdiction are killed or injured by
02:14 local police who cannot distinguish between a criminal and a retired officer using a firearm.
02:20 The Police Executive Research Forum, or PERF, opposed the bill because it could put police
02:25 agencies at risk for liability for an officer who misuses a weapon in another state and
02:33 because the requirements for retired officers were insufficient.
02:37 For all of these reasons, I joined former Chairman Sensenbrenner and other members from
02:41 both sides of the aisle in opposing LEOSA.
02:44 Unfortunately, it became law despite our objections.
02:47 Importantly, the law included exceptions for special places like government buildings,
02:53 gun-free school zones, and private property.
02:56 These exceptions have been in place for 20 years and have served as important protections.
03:01 But this bill tosses those exceptions out the window.
03:05 This bill eviscerates the rights of states to control the concealed carrying of weapons
03:11 even in places where a state has a special interest in retaining control of its gun safety
03:16 laws and where Congress has protected that interest for 20 years.
03:21 It forces states to allow off-duty and retired officers to carry firearms on playgrounds,
03:27 government buildings, and on buses, trains, subways, and boats.
03:32 It reduces the rights of private property owners, including individuals and organizations,
03:37 who may not want concealed weapons on their property.
03:40 It undermines state laws limiting magazine capacity by allowing some people to carry
03:45 large-capacity magazines even when a state has prohibited them.
03:50 It relaxes training standards so that some people will be able to carry a concealed firearm
03:55 even though it has been three years since their last firearms training certification.
04:01 Not only does this bill infringe on the rights of states and private property owners, but
04:05 it also unravels federal laws that have kept firearms out of federal facilities.
04:10 It does this for federal facilities that are "open to the public" and that are classified
04:15 as "facility security level 1 or 2."
04:20 This definition will create significant confusion for those trying to abide by it and for those
04:25 tasked with enforcing it.
04:26 If a federal facility is only partially open to the public or only open to the public during
04:32 certain hours, does it fall within the bill's definition?
04:37 We don't know.
04:39 What about a facility that is open to the public so long as they are not carrying firearms?
04:45 The bill does not say.
04:47 As the bill itself states, the facility's security level is determined on a facility-by-facility
04:52 basis and may not be publicly posted, so it is virtually impossible to know what federal
04:58 facilities are included in this definition.
05:01 We looked for a listing of federal facilities that are classified at these security levels,
05:06 and we could not find one.
05:08 Others may even have offices in federal facilities that will suddenly be forced to allow concealed
05:12 firearms in their doors as a result of this legislation.
05:17 I was proud to join my Republican colleague, former Chairman Sensenbrenner, in opposing
05:21 the original LEOSA.
05:23 He recognized that it undermines states' careful determinations on how best to protect
05:27 their citizens from gun violence.
05:30 This bill is an even further intrusion on their ability to make their own judgments
05:34 about public safety, concealed firearms, and the regulation of their own law enforcement.
05:38 For all these reasons, I urge my colleagues to join me in opposing this misguided and
05:44 poorly crafted legislation.
05:45 I yield back the balance of my time.