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A BILL
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; and
‘(5) 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, or was, employed as a law enforcement officer.
‘(e) DEFINED TERM--As used in this section, the term ‘firearm’
does not include--
‘(1) any machinegun (as defined
in section 5845 of title 26);
‘(2) any firearm silencer (as
defined in section 921); and
‘(3) any destructive device (as
defined in section 921).’.
(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; and
‘(6) is not prohibited by
Federal law from receiving a firearm.
‘(d) The identification required by this subsection is
photographic identification issued by the agency for which the individual was
employed as a law enforcement officer.
‘(e) DEFINED TERM--As used in this section, the term ‘firearm’
does not include--
‘(1) any machinegun (as defined
in section 5845 of title 26);
‘(2) any firearm silencer (as
defined in section 921); and
‘(3) a destructive device (as
defined in section 921).’.
(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.’.
Chronology:
07/09/04 Message on Senate action sent to the House
07/07/04 Cleared for White House
07/07/04 Passed Senate without amendment by Unanimous
Consent
06/25/04 Read the second time. Placed on Senate Legislative
Calendar under General Orders. Calendar No. 599
06/24/04 Received in the Senate. Read the first time.
Placed on Senate Legislative Calendar under Read the First Time
06/23/04 Motion to reconsider laid on the table Agreed to
without objection
06/23/04 On motion to suspend the rules and pass the bill,
as amended Agreed to by voice vote
06/23/04 Considered under suspension of the rules
06/23/04 Mr. Sensenbrenner moved to suspend the rules and
pass the bill, as amended
06/22/04 Placed on the Union Calendar, Calendar No. 326
06/22/04 Reported (Amended) by the Committee on Judiciary.
H. Rept. 108-560
06/16/04 Ordered to be Reported (Amended) by the Yeas and
Nays: 23 - 9
06/16/04 Committee Consideration and Mark-up Session Held
06/15/04 Forwarded by Subcommittee to Full Committee by
Voice Vote
06/15/04 Subcommittee Consideration and Mark-up Session
Held
06/15/04 Subcommittee Hearings Held
03/06/03 Referred to the Subcommittee on Crime, Terrorism,
and Homeland Security
01/07/03 Referred to the House Committee on the Judiciary
01/07/03 Introduced