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Model Legislation

Public Safety and Elections

Disarming a Law Enforcement Officer Act

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This Act protects law enforcement officials who are unlawfully disarmed while either on or
off-duty. The act of disarming a law enforcement officer is elevated to the status of the
state's most serious felony. This Act establishes sentencing guidelines for committing this
offense.

Model Legislation

Section 1. {Short Title} This Act shall be known as the Disarming A Law
Enforcement Officer Act

Section 2. To Amend [Insert Appropriate State Section] and to Enact [Insert New State
Section] of the criminal code to create the offense of disarming a law enforcement or
corrections officer

(A) No person shall knowingly remove a firearm or weapon from the person of a law
enforcement or corrections officer, or deprive a law enforcement officer or corrections
officer of the use of a firearm or weapon when the officer is acting within the scope of the
officer's duties, and the offender has reasonable cause to know or knows that the
individual is a law enforcement officer.

--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(B) Whoever violates this section is guilty of disarming a law enforcement officer, {Insert
aggravated felony of the highest classification.}

(C) Whoever violates this section is guilty of an attempt to commit an offense. An attempt
to commit the offense of disarming a law enforcement officer is an, {Insert aggravated
felony of the highest classification} if the firearm is involved in the attempt or discharged
during the attempt. An attempt to commit a felony of the first or second degree, other
than an attempt to commit the offense of disarming a law enforcement officer or
corrections officer when the firearm involved in the attempt is discharged during the
attempt is an aggravated felony of the next lesser aggravated degree than the
aggravated felony attempted.

Section 3. The provisions of this Act shall not apply when the law enforcement officer or
corrections officer is engaged in felonious conduct.

ALEC's Sourcebook of American State Legislation 1996

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