I 

111TH CONGRESS 

1ST SESSION H. R. 3752 

To amend title 18, United States Code, to improve the provisions relating 

to the carrying of concealed weapons by law enforcement officers, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 7, 2009 

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

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to improve the 

provisions relating to the carrying of concealed weapons 

by law enforcement officers, 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 ‘‘Law Enforcement Offi5 cers Safety Act Improvements Act of 2009’’. 


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1 SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER 

2 SAFETY PROVISIONS OF TITLE 18. 

3 (a) CARRYING OF CONCEALED FIREARM BY QUALI4 FIED LAW ENFORCEMENT OFFICER.—Section 926B of 

5 title 18, United States Code, is amended— 

6 (1) in subsection (c)— 

7 (A) in paragraph (1), by inserting ‘‘(or ap8 prehension)’’ after ‘‘arrest’’; and 

9 (B) in paragraph (3), by inserting ‘‘which 

10 could result in suspension or loss of police pow11 ers’’ before the semicolon; 

12 (2) by striking subsection (e) and inserting the 

13 following: 

14 ‘‘(e) As used in this section, the term ‘firearm’ has 

15 the same meaning as defined in section 921 of this title 

16 and is deemed to include ammunition the possession of 

17 which is not expressly prohibited by Federal law, or which 

18 are not subject to the provisions of the National Firearms 

19 Act, but does not include— 

20 ‘‘(1) any machinegun (as defined in section 

21 5845 of the National Firearms Act); 

22 ‘‘(2) any firearm silencer (as defined in section 

23 921 of this title); or 

24 ‘‘(3) any destructive device (as defined in sec25 tion 921 of this title).’’; and 

26 (3) by adding at the end the following: 


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1 ‘‘(f) For purposes of this section, a law enforcement 

2 officer of the Amtrak Police Department, a law enforce3 ment officer of the Federal Reserve System, and a law 

4 enforcement or police officer of the executive branch of 

5 the Federal Government qualifies as an employee of a gov6 ernmental agency who is authorized by law to engage in 

7 or supervise the prevention, detection, investigation, or 

8 prosecution of, or the incarceration of any person for, any 

9 violation of law, and has statutory powers of arrest (or 

10 apprehension).’’. 

11 (b) CARRYING OF CONCEALED FIREARM BY QUALI12 FIED RETIRED LAW ENFORCEMENT OFFICER.—Section 

13 926C of title 18, United States Code, is amended— 

14 (1) in subsection (c)— 

15 (A) by striking paragraph (1) and insert16 ing the following: 

17 ‘‘(1) separated from service in good standing, 

18 or was honorably discharged from service, with a 

19 public agency as a law enforcement officer;’’. 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘retirement’’ and in22 serting ‘‘separation’’; and 

23 (ii) by inserting ‘‘or apprehension’’ 

24 after ‘‘arrest’’; and 


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1 (C) by striking paragraphs (3) through (5) 

2 and inserting the following: 

3 ‘‘(3)(A) before such separation, served as a law 

4 enforcement officer for an aggregate of 10 years or 

5 more; or 

6 ‘‘(B) separated from service with the agency, 

7 after completing any applicable probationary period 

8 of such service, due to a service-connected disability, 

9 as determined by the agency; 

10 ‘‘(4) during the most recent 12-month period, 

11 has met, at the expense of the individual, the stand12 ards for qualification in firearms training for active 

13 law enforcement officers as set by the agency, the 

14 State in which the officer resides, or if the State has 

15 not established the standards, a law enforcement 

16 agency in the State in which the officer resides; 

17 ‘‘(5)(A) has not been found by a physician, li18 censed as such under State law, to not be qualified 

19 to handle a firearm for reasons related to mental 

20 health; and 

21 ‘‘(B) has not entered into an agreement with 

22 the agency, in which the officer acknowledges he is 

23 not qualified to handle a firearm for reasons related 

24 to mental health;’’; 

25 (2) in subsection (d)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘retired’’ and inserting 

3 ‘‘separated’’; and 

4 (ii) by striking ‘‘to meet the standards 

5 established by the agency for training and 

6 qualification for active law enforcement of7 ficers to carry a firearm of the same type 

8 as the concealed firearm; or’’ and inserting 

9 ‘‘to meet the active duty standards for 

10 qualification in firearms training as estab11 lished by the agency to carry a firearm of 

12 the same type as the concealed firearm 

13 or’’; and 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A), by striking 

16 ‘‘retired’’ and inserting ‘‘separated’’; and 

17 (ii) by striking subparagraph (B) and 

18 inserting the following: 

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

20 which the individual resides, or by a certified 

21 firearms instructor that is qualified to conduct 

22 a firearms qualification test for active duty offi23 cers in the State, which indicates that the indi24 vidual has, not less recently than 1 year before 

25 the date the individual is carrying the concealed 


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1 firearm, been tested or otherwise found by the 

2 State or the certified firearms instructor to 

3 have met— 

4 ‘‘(i) the active duty standards for 

5 qualification in firearms training as estab6 lished by the State to carry a firearm of 

7 the same type as the concealed firearm; or 

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

9 such standards, standards set by a law en10 forcement agency in the State to carry a 

11 firearm of the same type as the concealed 

12 firearm.’’. 

13 (3) by striking subsection (e) and inserting the 

14 following: 

15 ‘‘(e) As used in this section, the term ‘firearm’ has 

16 the same meaning as defined in section 921 of this title 

17 and is deemed to include ammunition the possession of 

18 which is not expressly prohibited by Federal law, or which 

19 are not subject to the provisions of the National Firearms 

20 Act, but does not include— 

21 ‘‘(1) any machinegun (as defined in section 

22 5845 of the National Firearms Act); 

23 ‘‘(2) any firearm silencer (as defined in section 

24 921 of this title); or 


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1 ‘‘(3) any destructive device (as defined in sec2 tion 921 of this title).’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(f) In this section, the term ‘service with a public 

5 agency as a law enforcement officer’ includes service as 

6 a law enforcement officer of the Amtrak Police Depart7 ment, service as a law enforcement officer of the Federal 

8 Reserve System, service as a law enforcement officer or 

9 in a primarily law enforcement capacity for a branch of 

10 the United States Armed Forces, or as a law enforcement 

11 or police officer of the executive branch of the Federal 

12 Government.’’. 

13 (c) POSSESSION OF FIREARM IN A SCHOOL ZONE BY

14 QUALIFIED LAW ENFORCEMENT OFFICER OR QUALIFIED

15 RETIRED LAW ENFORCEMENT OFFICER.—Section 

16 922(q)(2)(B)(vi) of such title is amended by inserting ‘‘, 

17 a qualified law enforcement officer (as defined in section 

18 926B(c)), or a qualified retired law enforcement officer 

19 (as defined in section 926C(c))’’ before the semicolon. 

Æ 


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