PUBLIC LAW 108–277—JULY 22, 2004 118 STAT. 865

Public Law 108–277

108th Congress

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:

‘‘§ 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;

Law Enforcement

Officers Safety

Act of 2004.

18 USC 921 note.

July 22, 2004

[H.R. 218]

118 STAT. 866 PUBLIC LAW 108–277—JULY 22, 2004

‘‘(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:

‘‘§ 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;

PUBLIC LAW 108–277—JULY 22, 2004 118 STAT. 867

LEGISLATIVE HISTORY—H.R. 218 (S. 253):

HOUSE REPORTS: No. 108–560 (Comm. on the Judiciary).

SENATE REPORTS: No. 108–29 accompanying S. 253 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 150 (2004):

June 23, considered and passed House.

July 7, considered and passed Senate.

Æ

‘‘(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.’’.

Approved July 22, 2004.