I

103D CONGRESS

2D SESSION H. R. 1277

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

MARCH 10, 1993

Mr. CUNNINGHAM (for himself and Mr. HALL of Texas) introduced the

following bill; which was referred to the Committee on the Judiciary

APRIL 14, 1994

Additional sponsors: Mr. MCMILLAN, Mr. HUNTER, Ms. MOLINARI, Mr.

FROST, Mr. BARTON of Texas, Mr. DOOLITTLE, Mr. SOLOMON, Mr.

BARTLETT of Maryland, Mr. GALLEGLY, Mr. CRANE, Mr. BAKER of California, Mr. SPENCE, Mr. GINGRICH, Mr. BONILLA, Mr. GILLMOR, Mr.

YOUNG of Alaska, Mr. RAVENEL, Mrs. THURMAN, Mr. HOAGLAND, Mr.

RAMSTAD, Mr. TEJEDA, Mr. GILMAN, Mr. DARDEN, Mr. HANCOCK, Mr.

LINDER, Mr. HOKE, Mr. INGLIS of South Carolina, Mr. ROGERS, Mr.

KOPETSKI, Mr. PACKARD, Mr. KING, Mr. BREWSTER, Mr. PETERSON of

Minnesota, Mr. PORTMAN, Mr. SCHAEFER, Mrs. JOHNSON of Connecticut, Mr. EMERSON, Mr. HOLDEN, and Mr. ANDREWS of New Jersey

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘1993 Community

3 Protection Initiative’’.

4 SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER

5 LAW ENFORCEMENT OFFICERS FROM STATE

6 LAWS PROHIBITING THE CARRYING OF CON7 CEALED HANDGUNS.

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

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

10 the following:

11 ‘‘§ 926B. Carrying of concealed handguns by qualified

12 current and former law enforcement offi13 cers

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

15 of any State or any political subdivision thereof, a quali16 fied current or former law enforcement officer who is car17 rying appropriate written identification of such status may

18 carry a concealed handgun.

19 ‘‘(b) As used in this section:

20 ‘‘(1) The term ‘qualified law enforcement offi21 cer’ means an officer, agent, or employee of a public

22 agency who—

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

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

25 a firearm in the course of duty; and
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1 ‘‘(C) is not the subject of any disciplinary

2 action by the agency; and

3 ‘‘(D) meets such requirements as have

4 been established by the agency with respect to

5 firearms.

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

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

9 agency as a law enforcement officer, other than

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

22 an individual authorized by law to engage in or su23 pervise the prevention, detection, investigation, or

24 prosecution of any violation of law.
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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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