II 

116TH CONGRESS 

2D SESSION S. 4445 

To establish appropriate rules for prosecutors and Federal judges to carry 

a concealed firearm. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2020 

Mr. COTTON (for himself, Mrs. LOEFFLER, and Mrs. BLACKBURN) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To establish appropriate rules for prosecutors and Federal 

judges to carry a concealed firearm. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Our Prosecu5 tors and Judges Act of 2020’’. 

6 SEC. 2. AUTHORITY TO CARRY A CONCEALED FIREARM 

7 FOR PROSECUTORS AND FEDERAL JUDGES. 

8 (a) CURRENT PROSECUTORS AND FEDERAL

9 JUDGES.—Section 926B of title 18, United States Code, 

10 is amended— 


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1 (1) in the section heading, by inserting ‘‘, 

2 qualified prosecutors, and qualified Fed3 eral judges’’ after ‘‘qualified law enforce4 ment officers’’; 

5 (2) in subsection (a)— 

6 (A) by inserting ‘‘, a qualified prosecutor, 

7 or a qualified Federal judge’’ after ‘‘qualified 

8 law enforcement officer’’; and 

9 (B) by striking ‘‘subsection (d)’’ and in10 serting ‘‘subsection (c)’’; 

11 (3) by striking subsections (c), (d), and (e) and 

12 inserting the following: 

13 ‘‘(c) The identification required by this subsection 

14 is— 

15 ‘‘(1) with respect to a qualified law enforcement 

16 officer, the photographic identification issued by the 

17 governmental agency for which the individual is em18 ployed that identifies the employee as a police officer 

19 or law enforcement officer of the agency; 

20 ‘‘(2) with respect to a qualified prosecutor— 

21 ‘‘(A) the photographic identification issued 

22 by the governmental agency by which the indi23 vidual is employed that identifies the employee 

24 as a prosecutor of the agency; and 

25 ‘‘(B) a certification— 


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1 ‘‘(i) if agency employing the qualified 

2 prosecutor has authorized the qualified 

3 prosecutor to carry a firearm, that indi4 cates that the qualified prosecutor has 

5 been tested or otherwise found by the 

6 agency to meet the active duty standards 

7 for qualification in firearms training as es8 tablished by the agency to carry a firearm 

9 of the same type as the concealed firearm; 

10 or 

11 ‘‘(ii) if the agency employing the 

12 qualified prosecutor has not authorized the 

13 qualified prosecutor to carry a firearm, 

14 issued by the State in which the qualified 

15 prosecutor resides or by a certified fire16 arms instructor that is qualified to conduct 

17 a firearms qualification test for active duty 

18 officers within that State that indicates 

19 that the qualified prosecutor has been test20 ed or otherwise found by the State or cer21 tified firearms instructor that is qualified 

22 to conduct a firearms qualification test for 

23 active duty officers within that State to 

24 have met— 


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1 ‘‘(I) the active duty standards for 

2 qualification in firearms training, as 

3 established by the State, to carry a 

4 firearm of the same type as the con5 cealed firearm; or 

6 ‘‘(II) if the State has not estab7 lished such standards, standards set 

8 by any law enforcement agency within 

9 that State to carry a firearm of the 

10 same type as the concealed firearm; 

11 and 

12 ‘‘(3) with respect to a qualified Federal judge— 

13 ‘‘(A) photographic identification issued by 

14 the Federal Government that identifies the indi15 vidual as a Federal judge; and 

16 ‘‘(B) a certification issued by the State in 

17 which the Federal judge resides or by a cer18 tified firearms instructor that is qualified to 

19 conduct a firearms qualification test for active 

20 duty officers within that State that indicates 

21 that the individual has been tested or otherwise 

22 found by the State or certified firearms instruc23 tor that is qualified to conduct a firearms quali24 fication test for active duty officers within that 

25 State to have met— 


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1 ‘‘(i) the active duty standards for 

2 qualification in firearms training, as estab3 lished by the State, to carry a firearm of 

4 the same type as the concealed firearm; or 

5 ‘‘(ii) if the State has not established 

6 such standards, standards set by any law 

7 enforcement agency within that State to 

8 carry a firearm of the same type as the 

9 concealed firearm.’’; 

10 (4) by redesignating subsection (f) as sub11 section (d); and 

12 (5) by adding at the end the following: 

13 ‘‘(e) As used in this section— 

14 ‘‘(1) the term ‘firearm’— 

15 ‘‘(A) except as provided in this paragraph, 

16 has the same meaning as in section 921 of this 

17 title; 

18 ‘‘(B) includes ammunition not expressly 

19 prohibited by Federal law or subject to the pro20 visions of the National Firearms Act; and 

21 ‘‘(C) does not include— 

22 ‘‘(i) any machinegun (as defined in 

23 section 5845 of the National Firearms 

24 Act); 


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1 ‘‘(ii) any firearm silencer (as defined 

2 in section 921 of this title); and 

3 ‘‘(iii) any destructive device (as de4 fined in section 921 of this title); 

5 ‘‘(2) the term ‘qualified Federal judge’ means 

6 an individual who— 

7 ‘‘(A) is serving in a position as a judge 

8 that is established under article I, III, or IV of 

9 the Constitution of the United States; 

10 ‘‘(B) is not the subject of a pending im11 peachment inquiry or trial; 

12 ‘‘(C) is not under the influence of alcohol 

13 or another intoxicating or hallucinatory drug or 

14 substance; and 

15 ‘‘(D) is not prohibited by Federal law from 

16 receiving a firearm; 

17 ‘‘(3) the term ‘qualified law enforcement officer’ 

18 means an employee of a governmental agency who— 

19 ‘‘(A) is authorized by law to engage in or 

20 supervise the prevention, detection, investiga21 tion or prosecution of, or the incarceration of 

22 any person for, any violation of law, and has 

23 statutory powers of arrest or apprehension 

24 under section 807(b) of title 10, United States 


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1 Code (article 7(b) of the Uniform Code of Mili2 tary Justice); 

3 ‘‘(B) is authorized by the agency to carry 

4 a firearm; 

5 ‘‘(C) is not the subject of any disciplinary 

6 action by the agency which could result in sus7 pension or loss of police powers; 

8 ‘‘(D) meets standards, if any, established 

9 by the agency which require the employee to 

10 regularly qualify in the use of a firearm; 

11 ‘‘(E) is not under the influence of alcohol 

12 or another intoxicating or hallucinatory drug or 

13 substance; and 

14 ‘‘(F) is not prohibited by Federal law from 

15 receiving a firearm; and 

16 ‘‘(4) the term ‘qualified prosecutor’ means an 

17 individual who— 

18 ‘‘(A) is a full-time employee of an agency 

19 of the Federal Government or a State or unit 

20 of local government who— 

21 ‘‘(i) is continually licensed to practice 

22 law; and 

23 ‘‘(ii) prosecutes criminal or juvenile 

24 delinquency cases at the Federal, State, or 

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1 cation, or training of other persons pros2 ecuting such cases); 

3 ‘‘(B) is not the subject of any disciplinary 

4 action by the agency which could result in sus5 pension; 

6 ‘‘(C) meets standards, if any, established 

7 by the agency which require the employee to 

8 regularly qualify in the use of a firearm; 

9 ‘‘(D) is not under the influence of alcohol 

10 or another intoxicating or hallucinatory drug or 

11 substance; and 

12 ‘‘(E) is not prohibited by Federal law from 

13 receiving a firearm.’’. 

14 (b) RETIRED PROSECUTORS AND FEDERAL

15 JUDGES.—Section 926C of title 18, United States Code, 

16 is amended— 

17 (1) in the section heading, by inserting ‘‘, 

18 qualified retired prosecutors, and quali19 fied retired Federal judges’’ after ‘‘quali20 fied retired law enforcement officers’’; 

21 (2) in subsection (a)— 

22 (A) by inserting ‘‘, a qualified retired pros23 ecutor, or a qualified Federal judge’’ after 

24 ‘‘qualified law enforcement officer’’; and 


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1 (B) by striking ‘‘subsection (d)’’ and in2 serting ‘‘subsection (c)’’; and 

3 (3) by striking subsections (c), (d), and (e) and 

4 inserting the following: 

5 ‘‘(c) The identification required by this subsection 

6 is— 

7 ‘‘(1) with respect to a qualified retired law en8 forcement officer— 

9 ‘‘(A) a photographic identification issued 

10 by the agency from which the individual sepa11 rated from service as a law enforcement officer 

12 that identifies the person as having been em13 ployed as a police officer or law enforcement of14 ficer and indicates that the individual has, not 

15 less recently than 1 year before the date the in16 dividual is carrying the concealed firearm, been 

17 tested or otherwise found by the agency to meet 

18 the active duty standards for qualification in 

19 firearms training as established by the agency 

20 to carry a firearm of the same type as the con21 cealed firearm; or 

22 ‘‘(B)(i) a photographic identification issued 

23 by the agency from which the individual sepa24 rated from service as a law enforcement officer 

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1 ployed as a police officer or law enforcement of2 ficer; and 

3 ‘‘(ii) a certification issued by the State in 

4 which the individual resides or by a certified 

5 firearms instructor that is qualified to conduct 

6 a firearms qualification test for active duty offi7 cers within that State that indicates that the 

8 individual has, not less than 1 year before the 

9 date the individual is carrying the concealed 

10 firearm, been tested or otherwise found by the 

11 State or certified firearms instructor that is 

12 qualified to conduct a firearms qualification test 

13 for active duty officers within that State to 

14 have met— 

15 ‘‘(I) the active duty standards for 

16 qualification in firearms training, as estab17 lished by the State, to carry a firearm of 

18 the same type as the concealed firearm; or 

19 ‘‘(II) if the State has not established 

20 such standards, standards set by any law 

21 enforcement agency within that State to 

22 carry a firearm of the same type as the 

23 concealed firearm; 

24 ‘‘(2) with respect to a qualified retired pros25 ecutor— 


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1 ‘‘(A) the photographic identification issued 

2 by the governmental agency by which the indi3 vidual was employed that identifies the indi4 vidual as a former prosecutor of the agency; 

5 and 

6 ‘‘(B) a certification issued by the State in 

7 which the qualified retired prosecutor resides or 

8 by a certified firearms instructor that is quali9 fied to conduct a firearms qualification test for 

10 active duty officers within that State that indi11 cates that the qualified retired prosecutor has, 

12 not less than 1 year before the date the quali13 fied retired prosecutor is carrying the concealed 

14 firearm, been tested or otherwise found by the 

15 State or certified firearms instructor that is 

16 qualified to conduct a firearms qualification test 

17 for active duty officers within that State to 

18 have met— 

19 ‘‘(i) the active duty standards for 

20 qualification in firearms training, as estab21 lished by the State, to carry a firearm of 

22 the same type as the concealed firearm; or 

23 ‘‘(ii) if the State has not established 

24 such standards, standards set by any law 

25 enforcement agency within that State to 


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1 carry a firearm of the same type as the 

2 concealed firearm; and 

3 ‘‘(3) with respect to a qualified retired Federal 

4 judge— 

5 ‘‘(A) photographic identification issued by 

6 the Federal Government that identifies the indi7 vidual as a former Federal judge; and 

8 ‘‘(B) a certification issued by the State in 

9 which the Federal judge resides or by a cer10 tified firearms instructor that is qualified to 

11 conduct a firearms qualification test for active 

12 duty officers within that State that indicates 

13 that the individual has, not less than 1 year be14 fore the date the individual is carrying the con15 cealed firearm, been tested or otherwise found 

16 by the State or certified firearms instructor 

17 that is qualified to conduct a firearms qualifica18 tion test for active duty officers within that 

19 State to have met— 

20 ‘‘(i) the active duty standards for 

21 qualification in firearms training, as estab22 lished by the State, to carry a firearm of 

23 the same type as the concealed firearm; or 

24 ‘‘(ii) if the State has not established 

25 such standards, standards set by any law 


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1 enforcement agency within that State to 

2 carry a firearm of the same type as the 

3 concealed firearm. 

4 ‘‘(d) As used in this section— 

5 ‘‘(1) the term ‘firearm’— 

6 ‘‘(A) except as provided in this paragraph, 

7 has the same meaning as in section 921 of this 

8 title; 

9 ‘‘(B) includes ammunition not expressly 

10 prohibited by Federal law or subject to the pro11 visions of the National Firearms Act; and 

12 ‘‘(C) does not include— 

13 ‘‘(i) any machinegun (as defined in 

14 section 5845 of the National Firearms 

15 Act); 

16 ‘‘(ii) any firearm silencer (as defined 

17 in section 921 of this title); and 

18 ‘‘(iii) any destructive device (as de19 fined in section 921 of this title); 

20 ‘‘(2) the term ‘qualified retired Federal judge’ 

21 means an individual who— 

22 ‘‘(A) separated from service in good stand23 ing from service in a position as a judge that 

24 was established under article I, III, or IV of the 

25 Constitution of the United States; 


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1 ‘‘(B)(i) has not been officially found by a 

2 qualified medical professional employed by the 

3 Federal Government to be unqualified for rea4 sons relating to mental health and as a result 

5 of this finding will not be issued the photo6 graphic identification as described in subsection 

7 (c)(3); and 

8 ‘‘(ii) has not entered into an agreement 

9 with the Federal Government in which that in10 dividual acknowledges he or she is not qualified 

11 under this section for reasons relating to men12 tal health and for those reasons will not receive 

13 or accept the photographic identification as de14 scribed in subsection (c)(3); 

15 ‘‘(C) during the most recent 12-month pe16 riod, has met, at the expense of the individual, 

17 the standards for qualification in firearms 

18 training for active law enforcement officers, as 

19 determined by the State in which the individual 

20 resides or, if the State has not established such 

21 standards, either a law enforcement agency 

22 within the State in which the individual resides 

23 or the standards used by a certified firearms in24 structor that is qualified to conduct a firearms 


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1 qualification test for active duty officers within 

2 that State; 

3 ‘‘(D) is not under the influence of alcohol 

4 or another intoxicating or hallucinatory drug or 

5 substance; and 

6 ‘‘(E) is not prohibited by Federal law from 

7 receiving a firearm; 

8 ‘‘(3) the term ‘qualified retired law enforcement 

9 officer’ means an individual who— 

10 ‘‘(A) separated from service in good stand11 ing from service with a public agency as a law 

12 enforcement officer; 

13 ‘‘(B) before such separation, was author14 ized by law to engage in or supervise the pre15 vention, detection, investigation, or prosecution 

16 of, or the incarceration of any person for, any 

17 violation of law, and had statutory powers of 

18 arrest or apprehension under section 807(b) of 

19 title 10, United States Code (article 7(b) of the 

20 Uniform Code of Military Justice); 

21 ‘‘(C)(i) before such separation, served as a 

22 law enforcement officer for an aggregate of 10 

23 years or more; or 

24 ‘‘(ii) separated from service with such 

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1 tionary period of such service, due to a service2 connected disability, as determined by such 

3 agency; 

4 ‘‘(D) during the most recent 12-month pe5 riod, has met, at the expense of the individual, 

6 the standards for qualification in firearms 

7 training for active law enforcement officers, as 

8 determined by the former agency of the indi9 vidual, the State in which the individual resides 

10 or, if the State has not established such stand11 ards, either a law enforcement agency within 

12 the State in which the individual resides or the 

13 standards used by a certified firearms instruc14 tor that is qualified to conduct a firearms quali15 fication test for active duty officers within that 

16 State; 

17 ‘‘(E)(i) has not been officially found by a 

18 qualified medical professional employed by the 

19 agency to be unqualified for reasons relating to 

20 mental health and as a result of this finding 

21 will not be issued the photographic identifica22 tion as described in subsection (c)(1); or 

23 ‘‘(ii) has not entered into an agreement 

24 with the agency from which the individual is 

25 separating from service in which that individual 


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1 acknowledges he or she is not qualified under 

2 this section for reasons relating to mental 

3 health and for those reasons will not receive or 

4 accept the photographic identification as de5 scribed in subsection (c)(1); 

6 ‘‘(F) is not under the influence of alcohol 

7 or another intoxicating or hallucinatory drug or 

8 substance; and 

9 ‘‘(G) is not prohibited by Federal law from 

10 receiving a firearm; and 

11 ‘‘(4) the term ‘qualified retired prosecutor’ 

12 means an individual who— 

13 ‘‘(A) separated from service in good stand14 ing from service as a full-time employee of an 

15 agency of the Federal Government or a State or 

16 unit of local government who— 

17 ‘‘(i) during such service was contin18 ually licensed to practice law; and 

19 ‘‘(ii) prosecuted criminal or juvenile 

20 delinquency cases at the Federal, State, or 

21 local level (including supervision, edu22 cation, or training of other persons pros23 ecuting such cases); 


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1 ‘‘(B) before such separation, served as de2 scribed in subparagraph (A) for an aggregate of 

3 10 years or more; 

4 ‘‘(C)(i) has not been officially found by a 

5 qualified medical professional employed by the 

6 agency to be unqualified for reasons relating to 

7 mental health and as a result of this finding 

8 will not be issued the photographic identifica9 tion as described in subsection (c)(2); and 

10 ‘‘(ii) has not entered into an agreement 

11 with the agency in which that individual ac12 knowledges he or she is not qualified under this 

13 section for reasons relating to mental health 

14 and for those reasons will not receive or accept 

15 the photographic identification as described in 

16 subsection (c)(2); 

17 ‘‘(D) during the most recent 12-month pe18 riod, has met, at the expense of the individual, 

19 the standards for qualification in firearms 

20 training for active law enforcement officers, as 

21 determined by the former agency of the indi22 vidual, the State in which the individual resides 

23 or, if the State has not established such stand24 ards, either a law enforcement agency within 

25 the State in which the individual resides or the 


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1 standards used by a certified firearms instruc2 tor that is qualified to conduct a firearms quali3 fication test for active duty officers within that 

4 State; 

5 ‘‘(E) is not under the influence of alcohol 

6 or another intoxicating or hallucinatory drug or 

7 substance; and 

8 ‘‘(F) is not prohibited by Federal law from 

9 receiving a firearm.’’. 

10 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

11 The table of sections for chapter 44 of title 18, United 

12 States Code, is amended by striking the items relating to 

13 sections 926B and 926C and inserting the following: 

‘‘926B. Carrying of concealed firearms by qualified law enforcement officers, 

qualified prosecutors, and qualified Federal judges. 

‘‘926C. Carrying of concealed firearms by qualified retired law enforcement officers, qualified retired prosecutors, and qualified retired Federal 

judges.’’. 

14 (d) REGULATIONS.—The Attorney General and the 

15 Director of the Administrative Office of United States 

16 Courts may promulgate such regulations as are necessary 

17 to carry out the amendments made by this section. 

Æ 


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