I

104TH CONGRESS

1ST SESSION H. R. 1805

To amend title 18, United States Code, to exempt qualified current or

former law enforcement officers from State laws prohibiting the carrying

of concealed firearms.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1995

Mr. LIGHTFOOT introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, to exempt qualified

current or former law enforcement officers from State

laws prohibiting the carrying of concealed firearms.

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

3 SECTION 1. EXEMPTION OF QUALIFIED CURRENT OR

4 FORMER LAW ENFORCEMENT OFFICERS

5 FROM STATE LAWS PROHIBITING THE CAR6 RYING OF CONCEALED FIREARMS.

7 (a) IN GENERAL.—Chapter 44 of title 18, United

8 States Code, is amended by inserting after section 926A

9 the following:
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1 ‘‘§ 926B. Carrying of concealed firearms by qualified

2 current or former law enforcement offi3 cers

4 ‘‘(a) Notwithstanding any other provision of the law

5 of any State or any political subdivision thereof, an indi6 vidual who is a qualified law enforcement officer or a

7 qualified retired law enforcement officer and who is carry8 ing the identification required by subsection (d) may carry

9 a concealed firearm subject to subsection (b).

10 ‘‘(b) A State or political subdivision thereof may re11 quire an individual referred to in subsection (a) to provide

12 appropriate authorities with prior notice of the intent of

13 the individual to carry a concealed firearm in the State

14 or political subdivision, except that any such requirement

15 shall not apply to such an individual who is passing

16 through the State or political subdivision without undue

17 delay en route to another State or political subdivision.

18 ‘‘(c) As used in this section:

19 ‘‘(1) The term ‘qualified law enforcement offi20 cer’ means a full-time employee of a governmental

21 agency who—

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

23 supervise the prevention, detection, investiga24 tion, or prosecution of any violation of law;

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

26 a firearm at all times;
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1 ‘‘(C) is not the subject of any disciplinary

2 action by the agency; and

3 ‘‘(D) meets standards established by the

4 agency which require the employee to regularly

5 qualify in the use of a firearm.

6 ‘‘(2) The term ‘qualified retired law enforce7 ment officer’ means an individual who—

8 ‘‘(A) is retired from service with a govern9 mental agency as a law enforcement officer,

10 other than for reasons of mental disability; and

11 ‘‘(B) immediately before such retirement,

12 was a qualified law enforcement officer;

13 ‘‘(C) has a nonforfeitable right to benefits

14 under the retirement plan of the agency;

15 ‘‘(D) meets such requirements as have

16 been established by the State in which the indi17 vidual resides with respect to training in the

18 use of firearms; and

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

20 receiving a firearm.

21 ‘‘(d) The identification required by this subsection

22 is—

23 ‘‘(1) in the case of an individual who is a quali24 fied law enforcement officer, the official badge and

25 photographic identification issued by the govern-
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1 mental agency for which the individual is employed

2 as a law enforcement officer; or

3 ‘‘(2) in the case of an individual who is a quali4 fied retired law enforcement officer, such photo5 graphic identification and other identification media

6 as the governmental agency from which the individ7 ual is retired may issue to retired law enforcement

8 officers.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 for such chapter is amended by inserting after the item

11 relating to section 926A the following:

‘‘926B. Carrying of concealed firearms by qualified current or former law enforcement officers.’’.

Æ