I 

116TH CONGRESS 

1ST SESSION H. R. 2765 

To allow qualified current or former law enforcement officers to purchase 

their service weapons, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2019 

Mr. MOOLENAAR (for himself and Mr. CUELLAR) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To allow qualified current or former law enforcement officers 

to purchase their service weapons, 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 cer Safety and Security Act of 2019’’. 

6 SEC. 2. PURCHASE OF SERVICE WEAPONS BY QUALIFIED 

7 CURRENT OR FORMER LAW ENFORCEMENT 

8 OFFICERS. 

9 (a) IN GENERAL.—Except as provided in subsection 

10 (b), an agency shall offer for sale at fair market value 


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1 a single, functional firearm, which would otherwise be de2 stroyed, to an individual— 

3 (1) who is— 

4 (A) a law enforcement officer employed by 

5 and in good standing with such agency; or 

6 (B) a former law enforcement officer sepa7 rated from the employ of such agency for rea8 sons other than misconduct, neglect of duty, or 

9 malfeasance; and 

10 (2) to whom such agency most recently issued 

11 such firearm. 

12 (b) BACKGROUND CHECK REQUIRED.— 

13 (1) IN GENERAL.—An agency may not sell a 

14 firearm to an individual under subsection (a) of this 

15 section until the national instant criminal back16 ground check system established under section 103 

17 of the Brady Handgun Violence Prevention Act (34 

18 U.S.C. 40901) has notified the agency that receipt 

19 of a firearm by the individual would not violate sub20 section (g) or (n) of section 922 of title 18, United 

21 States Code, or State law, unless paragraph (1) of 

22 section 922(t) of title 18, United States Code, would 

23 not apply to the transfer by reason of paragraph (3) 

24 of such section 922(t) if the agency were a licensee. 


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1 (2) COMMUNICATION BETWEEN A FEDERAL

2 AGENCY AND NICS.—For the purpose of the sale of 

3 a firearm under subsection (a) of this section, an 

4 agency may contact the national instant criminal 

5 background check system in the same manner as a 

6 licensee is authorized to contact the system under 

7 section 103 of the Brady Handgun Violence Preven8 tion Act (34 U.S.C. 40901), for information on 

9 whether receipt of a firearm by a prospective buyer 

10 would violate section 922 of title 18, United States 

11 Code, or State law, and the system may respond to 

12 such contact as if the agency were a licensee. 

13 (c) DEFINITIONS.—In this Act: 

14 (1) AGENCY.—The term ‘‘agency’’ has the 

15 meaning given such term in section 551 of title 5, 

16 United States Code. 

17 (2) FIREARM.—The term ‘‘firearm’’ means a 

18 pistol or revolver. 

19 (3) GOOD STANDING.—The term ‘‘good stand20 ing’’ means, with respect to an individual who is a 

21 law enforcement officer, that the individual— 

22 (A) is not currently the subject of any dis23 ciplinary action by the employing agency of 

24 such individual, which could result in permaVerDate Sep 11 2014 02:24 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2765.IH H2765

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1 nent loss of police powers and removal from 

2 such agency; and 

3 (B) is not prohibited by Federal law from 

4 receiving a firearm. 

5 (4) LAW ENFORCEMENT OFFICER.—The term 

6 ‘‘law enforcement officer’’ has the meaning given 

7 such term under section 8401 of title 5, United 

8 States Code. 

9 (5) LICENSEE.—The term ‘‘licensee’’ has the 

10 meaning given such term in section 103(j)(1) of the 

11 Brady Handgun Violence Prevention Act (34 U.S.C. 

12 40901(j)(1)). 

Æ 


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