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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
law 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 at 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).
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 of 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, case, 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. |
