S. 1132 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Law Enforcement Officers Safety 

Act Improvements Act of 2010’’. 

SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 

PROVISIONS OF TITLE 18. 

(a) IN GENERAL.—Section 926B of title 18, United States Code, 

is amended— 

(1) in subsection (c)(3), by inserting ‘‘which could result 

in suspension or loss of police powers’’ after ‘‘agency’’; and 

(2) by adding at the end the following: 

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

of the Amtrak Police Department, a law enforcement officer of 

the Federal Reserve, or a law enforcement or police officer of the 

executive branch of the Federal Government qualifies as an 

employee of a governmental agency who is authorized by law to 

engage in or supervise the prevention, detection, investigation, or 

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

of law, and has statutory powers of arrest.’’. 

(b) ACTIVE LAW ENFORCEMENT OFFICERS.—Section 926B of title 

18, United States Code is amended by striking subsection (e) and 

inserting the following: 

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

‘‘(1) except as provided in this subsection, has the same 

meaning as in section 921 of this title; 

‘‘(2) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms 

Act; and 

‘‘(3) does not include— 

‘‘(A) any machinegun (as defined in section 5845 of 

the National Firearms Act); 

‘‘(B) any firearm silencer (as defined in section 921 

of this title); and 

‘‘(C) any destructive device (as defined in section 921 

of this title).’’. 

(c) RETIRED LAW ENFORCEMENT OFFICERS.—Section 926C of 

title 18, United States Code is amended— 

(1) in subsection (c)— 

(A) in paragraph (1)— 
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(i) by striking ‘‘retired’’ and inserting ‘‘separated 

from service’’; and 

(ii) by striking ‘‘, other than for reasons of mental 

instability’’; 

(B) in paragraph (2), by striking ‘‘retirement’’ and 

inserting ‘‘separation’’; 

(C) in paragraph (3)— 

(i) in subparagraph (A), by striking ‘‘retirement, 

was regularly employed as a law enforcement officer 

for an aggregate of 15 years or more’’ and inserting 

‘‘separation, served as a law enforcement officer for 

an aggregate of 10 years or more’’; and 

(ii) in subparagraph (B), by striking ‘‘retired’’ and 

inserting ‘‘separated’’; 

(D) by striking paragraph (4) and inserting the following: 

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

at the expense of the individual, the standards for qualification 

in firearms training for active law enforcement officers, as 

determined by the former agency of the individual, the State 

in which the individual resides or, if the State has not established such standards, either a law enforcement agency within 

the State in which the individual resides or the standards 

used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within 

that State;’’; and 

(E) by striking paragraph (5) and replacing it with 

the following: 

‘‘(5)(A) has not been officially found by a qualified medical 

professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding 

will not be issued the photographic identification as described 

in subsection (d)(1); or 

‘‘(B) has not entered into an agreement with the agency 

from which the individual is separating from service in which 

that individual acknowledges he or she is not qualified under 

this section for reasons relating to mental health and for those 

reasons will not receive or accept the photographic identification 

as described in subsection (d)(1);’’; 

(2) in subsection (d)— 

(A) paragraph (1)— 

(i) by striking ‘‘retired’’ and inserting ‘‘separated’’; 

and 

(ii) by striking ‘‘to meet the standards’’ and all 

that follows through ‘‘concealed firearm’’ and inserting 

‘‘to meet the active duty standards for qualification 

in firearms training as established by the agency to 

carry a firearm of the same type as the concealed 

firearm’’; 

(B) paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘retired’’ and 

inserting ‘‘separated’’; and 

(ii) in subparagraph (B), by striking ‘‘that 

indicates’’ and all that follows through the period and 

inserting ‘‘or by a certified firearms instructor that 

is qualified to conduct a firearms qualification test 

for active duty officers within that State that indicates 
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that the individual has, not less than 1 year before 

the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or 

a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers 

within that State to have met— 

‘‘(I) the active duty standards for qualification 

in firearms training, as established by the State, 

to carry a firearm of the same type as the concealed 

firearm; or 

‘‘(II) if the State has not established such 

standards, standards set by any law enforcement 

agency within that State to carry a firearm of 

the same type as the concealed firearm.’’; and 

(3) by striking subsection (e) and inserting the following: 

‘‘(e) As used in this section— 

‘‘(1) the term ‘firearm’— 

‘‘(A) except as provided in this paragraph, has the 

same meaning as in section 921 of this title; 

‘‘(B) includes ammunition not expressly prohibited by 

Federal law or subject to the provisions of the National 

Firearms Act; and 

‘‘(C) does not include— 

‘‘(i) any machinegun (as defined in section 5845 

of the National Firearms Act); 

‘‘(ii) any firearm silencer (as defined in section 

921 of this title); and 

‘‘(iii) any destructive device (as defined in section 

921 of this title); and 

‘‘(2) the term ‘service with a public agency as a law enforcement officer’ includes service as a law enforcement officer of 

the Amtrak Police Department, service as a law enforcement 

officer of the Federal Reserve, or service as a law enforcement 

or police officer of the executive branch of the Federal Government.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.