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."