I

104TH CONGRESS

1ST SESSION H. R. 218

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.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. CUNNINGHAM (for himself, Mr. HALL of Texas, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, Mr. BREWSTER, Mr. CALVERT, Mr. CONDIT,

Mr. CRANE, Mr. DOOLITTLE, Mr. GALLEGLY, Mr. HOLDEN, Mr. HUNTER, Mr. INGLIS of South Carolina, Mr. KNOLLENBERG, Mr. LEWIS of

California, Mr. PACKARD, Mr. PAXON, Mr. PORTMAN, Mr. SCHAEFER,

and Mr. SOLOMON) 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 and former law enforcement officers from State

laws prohibiting the carrying of concealed handguns.

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 ‘‘1995 Community

5 Protection Initiative’’.
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1 SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER

2 LAW ENFORCEMENT OFFICERS FROM STATE

3 LAWS PROHIBITING THE CARRYING OF CON4 CEALED HANDGUNS.

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

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

7 the following:

8 ‘‘§ 926B. Carrying of concealed handguns by qualified

9 current and former law enforcement offi10 cers

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

12 of any State or any political subdivision thereof, an indi13 vidual who is a qualified law enforcement officer or a

14 qualified former law enforcement officer and who is carry15 ing appropriate written identification of such status may

16 carry a concealed handgun.

17 ‘‘(b) As used in this section:

18 ‘‘(1) The term ‘qualified law enforcement offi19 cer’ means an officer, agent, or employee of a public

20 agency who—

21 ‘‘(A) is a law enforcement officer;

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

23 a firearm in the course of duty; and

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

25 action by the agency; and
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1 ‘‘(D) meets such requirements as have

2 been established by the agency with respect to

3 firearms.

4 ‘‘(2) The term ‘qualified former law enforce5 ment officer’ means an individual who—

6 ‘‘(A) retired from service with a public

7 agency as a law enforcement officer, other than

8 for reasons of mental disability; and

9 ‘‘(B) immediately before such retirement,

10 was a qualified law enforcement officer;

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

12 under the retirement plan of the agency;

13 ‘‘(D) meets such requirements as have

14 been established by the State in which the indi15 vidual resides with respect to training in the

16 use of firearms; and

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

18 receiving a firearm.

19 ‘‘(3) The term ‘law enforcement officer’ means

20 an individual authorized by law to engage in or su21 pervise the prevention, detection, investigation, or

22 prosecution of any violation of law, and includes cor23 rections, probation, parole, and judicial officers.
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1 ‘‘(4) The term ‘appropriate written identifica2 tion’ means, with respect to an individual, a docu3 ment which—

4 ‘‘(A) was issued to the individual by the

5 public agency with which the individual serves

6 or served as a law enforcement officer; and

7 ‘‘(B) identifies the holder of the document

8 as a current or former officer, agent, or em9 ployee of the agency.’’.

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

11 for such chapter is amended by inserting after the item

12 relating to section 926A the following:

‘‘926B. Carrying of concealed handguns by qualified current and former law enforcement officers.’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall take effect 180 days after the date of

15 the enactment of this Act.

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