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Amended by S. 1132
(2010)
A BILL
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City
of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend title 18, United States Code, to exempt qualified
current and former law enforcement officers from State laws prohibiting the
carrying of concealed handguns.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Law
Enforcement Officers Safety Act of 2004'.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT
OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code,
is amended by inserting after section 926A the following:
`Sec. 926B. Carrying of concealed firearms by qualified law
enforcement officers
`(a) Notwithstanding any other provision of the law of any
State or any political subdivision thereof, an individual who is a qualified
law enforcement officer and who is carrying the identification required by
subsection (d) may carry a concealed firearm that has been shipped or
transported in interstate or foreign commerce, subject to subsection (b).
`(b)
This section shall not be construed to supersede or limit the laws of any State
that--
`(1)
permit private persons or entities to prohibit or restrict the possession of
concealed firearms on their property; or
`(2)
prohibit or restrict the possession of firearms on any State or local
government property, installation, building, base, or park.
`(c) As used in this section, the term `qualified law
enforcement officer' means an employee of a governmental agency who--
`(1)
is authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person for, any
violation of law, and has statutory powers of arrest;
`(2)
is authorized by the agency to carry a firearm;
`(3)
is not the subject of any disciplinary action by the agency;
`(4)
meets standards, if any, established by the agency which require the employee
to regularly qualify in the use of a firearm;
`(5)
is not under the influence of alcohol or another intoxicating or hallucinatory
drug or substance; and
`(6)
is not prohibited by Federal law from receiving a firearm.
`(d)
The identification required by this subsection is the photographic
identification issued by the governmental agency for which the individual is
employed as a law enforcement officer.
`(e)
As used in this section, the term `firearm' does not include--
`(1)
any machinegun (as defined in section 5845 of the National Firearms Act);
`(2)
any firearm silencer (as defined in section 921 of this title); and
`(3)
any destructive device (as defined in section 921 of this title).'.
(b) Clerical Amendment- The table of sections for such
chapter is amended by inserting after the item
relating to section 926A the following:
`926B. Carrying of concealed
firearms by qualified law enforcement officers.'.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW
ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED
FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code,
is further amended by inserting after section 926B the following:
`Sec. 926C. Carrying of concealed firearms by qualified retired law
enforcement officers
`(a) Notwithstanding any other provision of the law of any
State or any political subdivision thereof, an individual who is a qualified
retired law enforcement officer and who is carrying the identification required
by subsection (d) may carry a concealed firearm that has been shipped or
transported in interstate or foreign commerce, subject to subsection (b).
`(b)
This section shall not be construed to supersede or limit the laws of any State
that--
`(1)
permit private persons or entities to prohibit or restrict the possession of
concealed firearms on their property; or
`(2)
prohibit or restrict the possession of firearms on any State or local
government property, installation, building, base, or park.
`(c) As used in this section, the term `qualified retired
law enforcement officer' means an individual who--
`(1)
retired in good standing from service with a public agency as a law enforcement
officer, other than for reasons of mental instability;
`(2)
before such retirement, was authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the incarceration
of any person for, any violation of law, and had statutory powers of arrest;
`(3)(A)
before such retirement, was regularly employed as a law enforcement officer for
an aggregate of 15 years or more; or
`(B)
retired from service with such agency, after completing any applicable
probationary period of such service, due to a service-connected disability, as
determined by such agency;
`(4)
has a nonforfeitable right to benefits under the
retirement plan of the agency;
`(5)
during the most recent 12-month period, has met, at the expense of the
individual, the State's standards for training and qualification for active law
enforcement officers to carry firearms;
`(6)
is not under the influence of alcohol or another intoxicating or hallucinatory
drug or substance; and
`(7)
is not prohibited by Federal law from receiving a firearm.
`(d)
The identification required by this subsection is--
`(1) a photographic identification issued
by the agency from which the individual retired from service as a law
enforcement officer that indicates that the individual has, not less recently
than one year before the date the individual is carrying the concealed firearm,
been tested or otherwise found by the agency to meet the standards established
by the agency for training and qualification for active law enforcement
officers to carry a firearm of the same type as the concealed firearm; or
`(2)(A)
a photographic identification issued by the agency from which the individual
retired from service as a law enforcement officer; and
`(B) a certification issued by the State
in which the individual resides that indicates that the individual has, not
less recently than one year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the State to meet the
standards established by the State for training and qualification for active
law enforcement officers to carry a firearm of the same type as the concealed
firearm.
`(e)
As used in this section, the term `firearm' does not include--
`(1)
any machinegun (as defined in section 5845 of the National Firearms Act);
`(2)
any firearm silencer (as defined in section 921 of this title); and
`(3)
a destructive device (as defined in section 921 of this title).'.
(b) Clerical Amendment- The table of sections for such
chapter is further amended by inserting after the item
relating to section 926B the following:
`926C. Carrying of concealed firearms by qualified retired law
enforcement officers.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate
Amended by S. 1132
(2010)