II

104TH CONGRESS

2D SESSION S. 2010

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

former law enforcement officers from State laws prohibiting the carrying

of concealed firearms, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 1, 1996

Mr. HATCH (for himself, Mr. SANTORUM, Mr. GREGG, Mr. WARNER, Mr.

SIMPSON, Mr. THURMOND, Mr. D’AMATO, and Mr. FAIRCLOTH) introduced the following bill; which was read twice and 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 firearms, and

for other purposes.

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 ‘‘Community Protection

5 Initiative of 1996’’.
2

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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 FIREARMS.

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

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

7 the following new section:

8 ‘‘SEC. 926B. CARRYING OF CONCEALED FIREARMS BY

9 QUALIFIED CURRENT AND FORMER LAW EN10 FORCEMENT OFFICERS.

11 ‘‘(a) IN GENERAL.—Notwithstanding any provision

12 of the law of any State or any political subdivision of a

13 State, an individual may carry a concealed firearm if that

14 individual is—

15 ‘‘(1) a qualified law enforcement officer or a

16 qualified former law enforcement officer; and

17 ‘‘(2) carrying appropriate written identification.

18 ‘‘(b) EFFECT ON OTHER LAWS.—

19 ‘‘(1) COMMON CARRIERS.—Nothing in this sec20 tion shall be construed to exempt from section

21 46505(b)(1) of title 49, any—

22 ‘‘(A) qualified law enforcement officer who

23 does not meet the requirements of section

24 46505(d) of title 49; or

25 ‘‘(B) qualified former law enforcement offi26 cer.
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•S 2010 IS

1 ‘‘(2) FEDERAL LAWS.—Nothing in this section

2 shall be construed to supersede or limit any Federal

3 law or regulation prohibiting or restricting the pos4 session of a firearm on any Federal property, instal5 lation, building, base, or park.

6 ‘‘(3) STATE LAWS.—Nothing in this section

7 shall be construed to supersede or limit the laws of

8 any State that—

9 ‘‘(A) grant rights to carry a concealed fire10 arm that are broader than the rights granted

11 under this section;

12 ‘‘(B) permit private persons or entities to

13 prohibit or restrict the possession of concealed

14 firearms on their property; or

15 ‘‘(C) prohibit or restrict the possession of

16 firearms on any State or local government prop17 erty, installation, building, base, or park.

18 ‘‘(c) DEFINITIONS.—As used in this section—

19 ‘‘(1) the term ‘appropriate written identifica20 tion’ means, with respect to an individual, a docu21 ment that—

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

23 public agency with which the individual serves

24 or served as a qualified law enforcement officer;

25 and
4

•S 2010 IS

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

2 as a current or former officer, agent, or em3 ployee of the agency;

4 ‘‘(2) the term ‘qualified law enforcement officer’

5 means an individual authorized by law to engage in

6 or supervise the prevention, detection, or investiga7 tion of any violation of criminal law;

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

9 officer’ means an individual who—

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

11 agency, other than for reasons of mental dis12 ability;

13 ‘‘(B) immediately before such retirement,

14 was a qualified law enforcement officer with

15 that public agency;

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

17 under the retirement plan of the agency;

18 ‘‘(D) was not separated from service with

19 a public agency due to a disciplinary action by

20 the agency that prevented the carrying of a

21 firearm;

22 ‘‘(E) meets such requirements as have

23 been established by the State in which the indi24 vidual resides with respect to—
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•S 2010 IS

1 ‘‘(i) training in the use of firearms;

2 and

3 ‘‘(ii) carrying a concealed weapon; and

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

5 receiving a firearm;

6 ‘‘(4) the term ‘qualified law enforcement officer’

7 means an officer, agent, or employee of a public

8 agency who—

9 ‘‘(A) is a law enforcement officer;

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

11 a firearm in the course of duty;

12 ‘‘(C) is not the subject of a disciplinary ac13 tion by the agency that prevents the carrying of

14 a firearm; and

15 ‘‘(D) meets such requirements as have

16 been established by the agency with respect to

17 firearms; and

18 ‘‘(5) the term ‘firearm’ means any firearm that

19 has, or of which any component has, traveled in

20 interstate or foreign commerce.’’.

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

22 for chapter 44 of title 18, United States Code, is amended
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•S 2010 IS

1 by inserting after the item relating to section 926A the

2 following new item:

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

Æ