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Monday, September 19, 2005 - Last Updated: 6:39 AM 

Federal law lets retired officers conceal pistols

Questions remain as some local agencies look to state for implementation guidelines

BY GLENN SMITH
Of The Post and Courier Staff

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Gary Humphries spent 23 years putting criminals in jail, and he figures there's a reasonable chance some of them might still hold a grudge.

That's why the former Berkeley County sheriff's deputy was reluctant to hang up his gun along with his badge when he retired three years ago.

"It's a safety issue," said Humphries, 54. "When you lock up people and that's your job for years and years, you're going to run into people who don't appreciate that."

A federal law enacted last year aims to provide greater protection to active and retired law enforcement officers by allowing them to carry concealed pistols in any state. Retirees must prove they left in good standing, have at least 15 years of law enforcement experience and still are proficient on the firing range.

But the law, called the Law Enforcement Officers' Safety Act, has met with confusion and resistance in South Carolina and many other states, where concerns linger about sanctioning a class of gun-toting citizens with an ability to roam.

State officials still are trying to draft procedures and regulations for retired officers to get certified under the federal law. Local law enforcement agencies are required to evaluate their own retirees if asked, but many departments have no process in place for doing so.

"We're looking for some guidance from the state," said Mount Pleasant police Lt. Shawn Livingston. "If we qualify someone and, God forbid, a deadly force situation occurs, who assumes the liability?"

The Fraternal Order of Police has received complaints from retired officers across the nation who have run into roadblocks and excuses when they try to qualify to carry guns under the law, said Chuck Canterbury of Myrtle Beach, the group's national president.

"The question of liability is absolutely ludicrous," he said. "It's like saying the examiner who gives you your driver's license is responsible for your driving actions."

State Rep. Michael Pitts, a Republican and retired Greenville police officer, received so many complaints that he introduced legislation this year to strip law enforcement agencies of state funding if they don't abide by the federal law. Lawmakers approved a bill requiring compliance but dropped Pitts' proposed penalties from the measure.Some police and sheriff's departments are moving forward on their own. Charleston police have certified about a half-dozen retired officers, the Berkeley County Sheriff's Office has certified two and the Charleston County Sheriff's Office soon will evaluate about a dozen of its interested retirees.

Ernie Sweat, who retired as Charleston County's chief deputy in 2001, said it's not uncommon for him to see people he arrested, and he wants to be able to protect himself should trouble arise.

"On a number of occasions, I've walked into department stores and other places and seen people I've put in jail," he said. "I haven't had any run-ins, but you kind of get the evil eye."

Sweat and other retired officers say it's also hard to shut off their sense of duty and the desire to help when they see a crime occurring.

"You still want to do what's right for the community," said retired Charleston police Lt. Anthony Januszkiewicz, who recently qualified to carry his .45-caliber pistol. "Even though you are retired, you still feel some responsibility to act if you see something."

Pitts, who retired in 1996, didn't consider getting a concealed-weapon permit until he happened upon a domestic dispute on a Green-wood County road last year. A knife-wielding man was fighting with a woman as two young children looked on. Pitts intervened with nothing to defend himself but a stern voice and police training.

"Luckily, when I told him to drop the knife, he did," he said. "But it was still a 20-minute wait before local law enforcement got there."

The law's supporters long have maintained that it will be a plus to have more armed law enforcement professionals on the street in an age of increased threats from crime and terrorism.

Opponents, such as the International Association of Chiefs of Police, argue that the measure tramples on the rights of states to regulate who carries concealed weapons in their jurisdictions. They also warn that it could lead to tragic encounters between local police and well-meaning retirees who inject themselves into unfolding crimes.

"It invites confusion when police show up at the scene of a crime and see someone with a gun and don't know how to react to that," said Casey Anderson, spokesman for the Washington, D.C.-based Coalition to Stop Gun Violence.

The South Carolina Sheriff's Association initially opposed the legislation but has taken a lead role since its passage in helping its members comply with the measure. The group is helping the state draft guidelines and has produced a photo identification card sheriffs can issue to retired officers.

Jeff Moore, the association's executive director, said he doesn't think people need to worry much about retired officers running around the country playing cops and robbers. Many simply want the reassurance of carrying a firearm again, he said.

"Many of these people have carried their weapons for 25 or 30 years," he said. "I think they feel a little exposed without it."

Still, some issues remain. Among them: Who should certify out-of-state officers who move to South Carolina after they retire? How can the state prevent people from forging identification cards? How will small departments certify their retirees if they don't have firing ranges or qualified instructors?

Berkeley County Chief Deputy Butch Henerey said some consideration also should be given to training officers how to react to emergencies outside of their normal environments.

"Just because you have the right to carry a firearm in other states doesn't mean you are better off pulling it out," he said. "You might be better off on the cell phone dialing 911."