Disarming a Law Enforcement Officer Act Exposed

The Disarming a Law Enforcement Officer Act is listed under ALEC's Public Safety and Elections Task Force and was included in the 1996 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

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.

(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