I

106TH CONGRESS

1ST SESSION H. R. 1461

To amend title 18, United States Code, to exempt qualified law enforcement

officers from State laws prohibiting the carrying of concealed firearms.

IN THE HOUSE OF REPRESENTATIVES

APRIL 15, 1999

Mr. ROGAN (for himself and Mr. ROTHMAN) 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

law enforcement officers from State laws prohibiting the

carrying of concealed firearms.

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 ‘‘National Assistance

5 for Police Officer Safety Act of 1999’’.
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1 SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OF2 FICERS FROM STATE LAWS PROHIBITING

3 THE CARRYING OF CONCEALED FIREARMS.

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

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

6 the following:

7 ‘‘§ 926B. Carrying of concealed firearms by qualified

8 law enforcement officers

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

10 of any State or any political subdivision thereof, an indi11 vidual may carry a concealed firearm if the individual is

12 a qualified law enforcement officer and is carrying re13 quired identification.

14 ‘‘(b) This section shall not be construed to exempt

15 from section 46505(b)(1) of title 49, United States Code,

16 a qualified law enforcement officer who does not meet the

17 requirements of section 46505(d) of such title.

18 ‘‘(c) This section shall not be construed to supersede

19 or limit any Federal law or regulation prohibiting or re20 stricting the possession of a firearm on any Federal prop21 erty, installation, building, base, or park.

22 ‘‘(d) This section shall not be construed to supersede

23 or limit the laws of any State or any political subdivision

24 thereof, that—
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1 ‘‘(1) permit private persons or entities to pro2 hibit or restrict the possession of concealed firearms

3 on their property;

4 ‘‘(2) prohibit or restrict the possession of fire5 arms on any State or local government property, in6 stallation, building, base, or park; or

7 ‘‘(3) grant rights to carry a concealed firearm

8 that are broader than the rights granted by this sec9 tion.

10 ‘‘(e) In this section:

11 ‘‘(1) The term ‘law enforcement officer’ has the

12 meaning given in section 1204(5) of the Omnibus

13 Crime Control and Safe Streets Act of 1968.

14 ‘‘(2) The term ‘public agency’ has the meaning

15 given in section 1204(6) of the Omnibus Crime Con16 trol and Safe Streets Act of 1968.

17 ‘‘(3) The term ‘qualified law enforcement offi18 cer’ means an individual who—

19 ‘‘(A) is employed as a law enforcement of20 ficer by a public agency;

21 ‘‘(B) is authorized by the public agency to

22 carry a firearm at all times; and

23 ‘‘(C) meets all of the requirements of the

24 public agency concerning firearms.
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1 ‘‘(4) The term ‘required identification’ means,

2 with respect to an individual, the official badge and

3 photographic identification issued by the public

4 agency for which the individual is employed as a law

5 enforcement officer.’’.

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

7 for such chapter is amended by inserting after the item

8 relating to section 926A the following:

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

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