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IBPO

INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS

AFFILIATED WITH SERVICE EMPLOYEES INTERNATIONAL UNION,

2139

AFL/CIO

202/965-4411

WISCONSIN AVENUE, N. W., WASHINGTON, D.C. 20007

Statement of

The

International Brotherhood of Police Officers

Before

The Subcommittee On Crime

Of The

House Judiciary Committee

On HR 5835, HR 5845

June 27, 1984

The International Brotherhood of Police Officers (IBPO) is pleased to have this opportunity to present our views on HR 5835, and HR 5845. This legislation seeks to retard the proliferation of certain bullets popularly known as "Cop Killer Bullets."

The Internationl Brotherhood of Police Officers is one of the largest police unions in the country. We are an affiliate of the Service Employees International Union (AFL-CIO) and represent police officers in federal, state, and local governments nationwide. Our union has long been a leader in efforts to improve the safety and working conditions of police officers.

We testify today in strong support of HR 5835, and HR 5845 legislation which will limit the access of criminals to so called "Cop Killer Bullets." This legislation, which has broad bipartisan support offers the best opportunity to provide immediate relief to the our nation's police officers from the dangers of these bullets.

It is well documented that the police officer has one of the most dangerous occupations in the nation. During the last year, 147 officers died in the performance of their official duties. During the last ten years more than 1600 officers were killed in the line of duty. One of the major causes of police officers death and maiming have been from gunshots. During 1982, for instance, almost 440 police officers were injured as a result of gunshot wounds.

Since the 1970's when soft body armor was first developed increasing numbers of police officers have turned to vests as a means of protecting themselves against gunshots. It is estimated in fact that up to 50% of the nation's police community uses body armor. With improvements in the comfort and versatility of the vests, it is expected that the number of officers who receive the physcial and psychological security these vests provide will continue to rise.

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In late 1981 it came to widespread public attention that certain classes of bullets were being manufactured, imported and sold whose sole purpose was to penetrate body armor. This ammunition became popularly known as "Cop Killer Bullets." These bullets were doubly threatening to police officers, first because it had the potential to penetrate the armor and defeat the physical and psychological security provided by the vests and secondly the existence of these bullets had the potential to undermine police efforts to gain broader community support for the purchase of these vests.

Our union was heartened by the prompt attention this threat to police security received in Congress. In 1981, and early 1982 Congressman Mario Biaggi introduced and aggressively supported legislation which would limit the availability of "Cop Killer Bullets." The Law Enforcement Officers Protection Act of 1980 (HR 5437) limited the availability of this ammunition by preventing the manufacture importation or sale of bullets which when fired by a handgun with a barrell five inches or less in length is capable of penetrating body armor. This Subcommittee promptly scheduled hearings on this problem and has been instrumental in maintaining public focus on the problem. We first testified before this Subcommittee on "Cop Killer Bullets" in May 1982.

Despite Congressional interest, and a growing public sentiment favoring strict limits on the availability of these bullets, legislation has been hampered; up to this time, by concern that the bill would restrict bullets with legitimate sport usage. This was never the intention of this union, or we believe the framers of this legislation. The Administration, despite some division in their ranks, voiced concern for preventing criminals access to these bullets, and even stronger concern with the effects of an overinclusive definition of the restricted ammunition. We are very pleased that a workable definition of the excluded ammunition has been arrived at in HR 5835 and HR 5845.

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The IBPO strongly supports HR 5835 and HR 5845 which provides a workable definition of body piercing ammunition, allowing for expeditious passage of legislation limiting criminal access to these bullets. These bills, which are virtually identical, define armor piercing ammunition as solid projectiles or projectile cores which are constructed from tungsten alloys, steel, iron, brass, bronze, beryllium, copper, or depleted uranium. Exempted from this definition is any ammunition which the Secretary finds is "primarily intended for sporting purposes." This bill prohibits the manufacture, or importation of armor piercing legislation. Stiff criminal penalities are also provided for the use of this ammunition in the commission of a violent felony.

In our view these bills offer the best opportunity to address the problem of "Cop Killer Bullets" immediately. We believe that immediate action is necessary to prevent the unnecessary injury or death of police officers and to restore the sense of security which these vests provide. We urge this Sub-Committee to promptly mark up and support passage of this legislation.

There are some concerns with the bill which we would like to voice at this time. While the bill prohibits the manufacture and importation of these bullets it does not prevent the sale of bullets already in the stock of dealers. This leaves a stock of "Cop Killer Bullets" of an indeterminate size which can be purchased by the criminal element. We believe that steps must be taken to limit the availability of these bullets. We urge the Sub-Committee to draft language mandating the Treasury to undertake a vigorous education program to gain voluntary dealer support to restrict the sale of these bullets.

We are also concerned with provisions of the bill which grants the Secretary power to exempt a projectile otherwise covered by the definition of armor piercing ammunition where the Secretary determines the ammunition is "primarily intended for sporting purposes." While the intent of this provision is legitimate, the language allows for an overbroad exception. We urge that a

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more definite standard be provided the Secretary to ensure that the exception does not swallow the rule. We would like to work with the sub-committee to address these loopholes in the bill.

We would like to thank the Sub-Committee once again for it's continued attention to this problem. We would also like to thank Congressman Biaggi for his continued advocacy on behalf of police officers. We also would like to thank the Sub-Committee once again for this opportunity to testify.

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