II 

Calendar No. 315 

111TH CONGRESS 

2D SESSION S. 1132 

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 SENATE OF THE UNITED STATES 

MAY 21, 2009 

Mr. LEAHY (for himself, Mr. KYL, Mr. SESSIONS, and Mr. CONRAD) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

MARCH 11, 2010 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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) IN GENERAL.—Section 926B of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(f) For the purposes of this section, a law enforce7 ment officer of the Amtrak Police Department or a law 

8 enforcement or police officer of the executive branch of 

9 the Federal Government qualifies as an employee of a gov10 ernmental agency who is authorized by law to engage in 

11 or supervise the prevention, detection, investigation, or 

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

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

14 (b) ACTIVE LAW ENFORCEMENT OFFICERS.—Sec15 tion 926B of title 18, United States Code is amended by 

16 striking subsection (e) and inserting the following: 

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

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

19 the same meaning as in section 921 of this title; 

20 ‘‘(2) includes ammunition not expressly prohib21 ited by Federal law or subject to the provisions of 

22 the National Firearms Act; and 

23 ‘‘(3) does not include— 

24 ‘‘(A) any machinegun (as defined in sec25 tion 5845 of the National Firearms Act); 


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1 ‘‘(B) any firearm silencer (as defined in 

2 section 921 of this title); and 

3 ‘‘(C) any destructive device (as defined in 

4 section 921 of this title).’’. 

5 (c) RETIRED LAW ENFORCEMENT OFFICERS.—Sec6 tion 926C of title 18, United States Code is amended— 

7 (1) in subsection (c)— 

8 (A) in paragraph (1)— 

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

10 ‘‘separated from service’’; and 

11 (ii) by striking ‘‘, other than for rea12 sons of mental instability’’; 

13 (B) in paragraph (2), by striking ‘‘retire14 ment’’ and inserting ‘‘separation’’; 

15 (C) in paragraph (3)— 

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

17 ‘‘retirement, was regularly employed as a 

18 law enforcement officer for an aggregate of 

19 15 years or more’’ and inserting ‘‘separa20 tion, served as a law enforcement officer 

21 for an aggregate of 10 years or more’’; and 

22 (ii) in subparagraph (B), by striking 

23 ‘‘retired’’ and inserting ‘‘separated’’; 

24 (D) by striking paragraph (4) and insert25 ing the following: 


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

2 has met, at the expense of the individual, the stand3 ards for qualification in firearms training for active 

4 law enforcement officers, as determined by the 

5 former agency of the individual, the State in which 

6 the individual resides or, if the State has not estab7 lished such standards, a law enforcement agency 

8 within the State in which the individual resides;’’; 

9 and 

10 (E) by striking paragraph (5) and replac11 ing it with the following: 

12 ‘‘(5)(A) has not been officially found by a quali13 fied medical professional employed by the agency to 

14 be unqualified for reasons relating to mental health 

15 and as a result of this finding will not be issued the 

16 photographic identification as described in sub17 section (d)(1); or 

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

19 the agency from which the individual is separating 

20 from service in which that individual acknowledges 

21 he or she is not qualified under this section for rea22 sons relating to mental health and for those reasons 

23 will not receive or accept the photographic identifica24 tion as described in subsection (d)(1);’’; 

25 (2) in subsection (d)— 


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1 (A) paragraph (1)— 

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

3 ‘‘separated’’; and 

4 (ii) by striking ‘‘to meet the stand5 ards’’ and all that follows through ‘‘con6 cealed firearm’’ and inserting ‘‘to meet the 

7 active duty standards for qualification in 

8 firearms training as established by the 

9 agency to carry a firearm of the same type 

10 as the concealed firearm’’; 

11 (B) paragraph (2)— 

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

13 ‘‘retired’’ and inserting ‘‘separated’’; and 

14 (ii) in subparagraph (B), by striking 

15 ‘‘that indicates’’ and all that follows 

16 through the period and inserting ‘‘or by a 

17 certified firearms instructor that is quali18 fied to conduct a firearms qualification test 

19 for active duty officers within that State 

20 that indicates that the individual has, not 

21 less than 1 year before the date the indi22 vidual is carrying the concealed firearm, 

23 been tested or otherwise found by the 

24 State or a certified firearms instructor that 

25 is qualified to conduct a firearms qualificaVerDate Nov 24 2008 23:14 Mar 11, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1132.RS S1132

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1 tion test for active duty officers within that 

2 State to have met— 

3 ‘‘(I) the active duty standards for 

4 qualification in firearms training, as 

5 established by the State, to carry a 

6 firearm of the same type as the con7 cealed firearm; or 

8 ‘‘(II) if the State has not estab9 lished such standards, standards set 

10 by any law enforcement agency within 

11 that State to carry a firearm of the 

12 same type as the concealed firearm.’’; 

13 and 

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

15 following: 

16 ‘‘(e) As used in this section— 

17 ‘‘(1) the term ‘firearm’— 

18 ‘‘(A) except as provided in this paragraph, 

19 has the same meaning as in section 921 of this 

20 title; 

21 ‘‘(B) includes ammunition not expressly 

22 prohibited by Federal law or subject to the pro23 visions of the National Firearms Act; and 

24 ‘‘(C) does not include— 


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1 ‘‘(i) any machinegun (as defined in 

2 section 5845 of the National Firearms 

3 Act); 

4 ‘‘(ii) any firearm silencer (as defined 

5 in section 921 of this title); and 

6 ‘‘(iii) any destructive device (as de7 fined in section 921 of this title); and 

8 ‘‘(2) the term ‘service with a public agency as 

9 a law enforcement officer’ includes service as a law 

10 enforcement officer of the Amtrak Police Depart11 ment, or as a law enforcement or police officer of 

12 the executive branch of the Federal Government.’’. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Law Enforcement Offi15 cers Safety Act Improvements Act of 2010’’. 

16 SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER 

17 SAFETY PROVISIONS OF TITLE 18. 

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

19 States Code, is amended— 

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

21 could result in suspension or loss of police powers’’ 

22 after ‘‘agency’’; and 

23 (2) by adding at the end the following: 

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

25 officer of the Amtrak Police Department, a law enforcement 


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

2 officer of the executive branch of the Federal Government 

3 qualifies as an employee of a governmental agency who is 

4 authorized by law to engage in or supervise the prevention, 

5 detection, investigation, or prosecution of, or the incarcer6 ation of any person for, any violation of law, and has statu7 tory powers of arrest.’’. 

8 (b) ACTIVE LAW ENFORCEMENT OFFICERS.—Section 

9 926B of title 18, United States Code is amended by striking 

10 subsection (e) and inserting the following: 

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

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

13 the same meaning as in section 921 of this title; 

14 ‘‘(2) includes ammunition not expressly prohib15 ited by Federal law or subject to the provisions of the 

16 National Firearms Act; and 

17 ‘‘(3) does not include— 

18 ‘‘(A) any machinegun (as defined in section 

19 5845 of the National Firearms Act); 

20 ‘‘(B) any firearm silencer (as defined in 

21 section 921 of this title); and 

22 ‘‘(C) any destructive device (as defined in 

23 section 921 of this title).’’. 

24 (c) RETIRED LAW ENFORCEMENT OFFICERS.—Section 

25 926C of title 18, United States Code is amended— 


srobinson on DSKHWCL6B1PROD with BILLS
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1 (1) in subsection (c)— 

2 (A) in paragraph (1)— 

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

4 ‘‘separated from service’’; and 

5 (ii) by striking ‘‘, other than for rea6 sons of mental instability’’; 

7 (B) in paragraph (2), by striking ‘‘retire8 ment’’ and inserting ‘‘separation’’; 

9 (C) in paragraph (3)— 

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

11 ‘‘retirement, was regularly employed as a 

12 law enforcement officer for an aggregate of 

13 15 years or more’’ and inserting ‘‘separa14 tion, served as a law enforcement officer for 

15 an aggregate of 10 years or more’’; and 

16 (ii) in subparagraph (B), by striking 

17 ‘‘retired’’ and inserting ‘‘separated’’; 

18 (D) by striking paragraph (4) and insert19 ing the following: 

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

21 met, at the expense of the individual, the standards 

22 for qualification in firearms training for active law 

23 enforcement officers, as determined by the former 

24 agency of the individual, the State in which the indi25 vidual resides or, if the State has not established such 


srobinson on DSKHWCL6B1PROD with BILLS
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1 standards, either a law enforcement agency within the 

2 State in which the individual resides or the standards 

3 used by a certified firearms instructor that is quali4 fied to conduct a firearms qualification test for active 

5 duty officers within that State;’’; and 

6 (E) by striking paragraph (5) and replac7 ing it with the following: 

8 ‘‘(5)(A) has not been officially found by a quali9 fied medical professional employed by the agency to 

10 be unqualified for reasons relating to mental health 

11 and as a result of this finding will not be issued the 

12 photographic identification as described in subsection 

13 (d)(1); or 

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

15 agency from which the individual is separating from 

16 service in which that individual acknowledges he or 

17 she is not qualified under this section for reasons re18 lating to mental health and for those reasons will not 

19 receive or accept the photographic identification as 

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

21 (2) in subsection (d)— 

22 (A) paragraph (1)— 

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

24 ‘‘separated’’; and 


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1 (ii) by striking ‘‘to meet the stand2 ards’’ and all that follows through ‘‘con3 cealed firearm’’ and inserting ‘‘to meet the 

4 active duty standards for qualification in 

5 firearms training as established by the 

6 agency to carry a firearm of the same type 

7 as the concealed firearm’’; 

8 (B) paragraph (2)— 

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

10 ‘‘retired’’ and inserting ‘‘separated’’; and 

11 (ii) in subparagraph (B), by striking 

12 ‘‘that indicates’’ and all that follows 

13 through the period and inserting ‘‘or by a 

14 certified firearms instructor that is quali15 fied to conduct a firearms qualification test 

16 for active duty officers within that State 

17 that indicates that the individual has, not 

18 less than 1 year before the date the indi19 vidual is carrying the concealed firearm, 

20 been tested or otherwise found by the State 

21 or a certified firearms instructor that is 

22 qualified to conduct a firearms qualification 

23 test for active duty officers within that 

24 State to have met— 


srobinson on DSKHWCL6B1PROD with BILLS
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1 ‘‘(I) the active duty standards for 

2 qualification in firearms training, as 

3 established by the State, to carry a 

4 firearm of the same type as the con5 cealed firearm; or 

6 ‘‘(II) if the State has not estab7 lished such standards, standards set by 

8 any law enforcement agency within 

9 that State to carry a firearm of the 

10 same type as the concealed firearm.’’; 

11 and 

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

13 following: 

14 ‘‘(e) As used in this section— 

15 ‘‘(1) the term ‘firearm’— 

16 ‘‘(A) except as provided in this paragraph, 

17 has the same meaning as in section 921 of this 

18 title; 

19 ‘‘(B) includes ammunition not expressly 

20 prohibited by Federal law or subject to the provi21 sions of the National Firearms Act; and 

22 ‘‘(C) does not include— 

23 ‘‘(i) any machinegun (as defined in 

24 section 5845 of the National Firearms Act); 


srobinson on DSKHWCL6B1PROD with BILLS
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1 ‘‘(ii) any firearm silencer (as defined 

2 in section 921 of this title); and 

3 ‘‘(iii) any destructive device (as de4 fined in section 921 of this title); and 

5 ‘‘(2) the term ‘service with a public agency as a 

6 law enforcement officer’ includes service as a law en7 forcement officer of the Amtrak Police Department, 

8 service as a law enforcement officer of the Federal Re9 serve, or service as a law enforcement or police officer 

10 of the executive branch of the Federal Government.’’. 


srobinson on DSKHWCL6B1PROD with BILLS
Calendar No. 315 

111TH CONGRESS 

2D SESSION S. 1132 

A BILL 

To amend title 18, United States Code, to improve 

for other purposes. cealed weapons by law enforcement officers, and the provisions relating to the carrying of conMARCH 11, 2010 

Reported with an amendment 


srobinson on DSKHWCL6B1PROD with BILLS