I 

111TH CONGRESS 

2D SESSION S. 1132 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2010 

Referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

S 1132 RFH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Law Enforcement Offi3 cers Safety Act Improvements Act of 2010’’. 

4 SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER 

5 SAFETY PROVISIONS OF TITLE 18. 

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

7 States Code, is amended— 

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

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

10 after ‘‘agency’’; and 

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

12 ‘‘(f) For the purposes of this section, a law enforce13 ment officer of the Amtrak Police Department, a law en14 forcement officer of the Federal Reserve, or a law enforce15 ment or police officer of the executive branch of the Fed16 eral Government qualifies as an employee of a govern17 mental agency who is authorized by law to engage in or 

18 supervise the prevention, detection, investigation, or pros19 ecution of, or the incarceration of any person for, any vio20 lation of law, and has statutory powers of arrest.’’. 

21 (b) ACTIVE LAW ENFORCEMENT OFFICERS.—Sec22 tion 926B of title 18, United States Code is amended by 

23 striking subsection (e) and inserting the following: 

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

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

3 

S 1132 RFH 

1 ‘‘(2) includes ammunition not expressly prohib2 ited by Federal law or subject to the provisions of 

3 the National Firearms Act; and 

4 ‘‘(3) does not include— 

5 ‘‘(A) any machinegun (as defined in sec6 tion 5845 of the National Firearms Act); 

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

8 section 921 of this title); and 

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

10 section 921 of this title).’’. 

11 (c) RETIRED LAW ENFORCEMENT OFFICERS.—Sec12 tion 926C of title 18, United States Code is amended— 

13 (1) in subsection (c)— 

14 (A) in paragraph (1)— 

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

16 ‘‘separated from service’’; and 

17 (ii) by striking ‘‘, other than for rea18 sons of mental instability’’; 

19 (B) in paragraph (2), by striking ‘‘retire20 ment’’ and inserting ‘‘separation’’; 

21 (C) in paragraph (3)— 

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

23 ‘‘retirement, was regularly employed as a 

24 law enforcement officer for an aggregate of 

25 15 years or more’’ and inserting ‘‘separamstockstill on DSKH9S0YB1PROD with BILLS

4 

S 1132 RFH 

1 tion, served as a law enforcement officer 

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

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

4 ‘‘retired’’ and inserting ‘‘separated’’; 

5 (D) by striking paragraph (4) and insert6 ing the following: 

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

8 has met, at the expense of the individual, the stand9 ards for qualification in firearms training for active 

10 law enforcement officers, as determined by the 

11 former agency of the individual, the State in which 

12 the individual resides or, if the State has not estab13 lished such standards, either a law enforcement 

14 agency within the State in which the individual re15 sides or the standards used by a certified firearms 

16 instructor that is qualified to conduct a firearms 

17 qualification test for active duty officers within that 

18 State;’’; and 

19 (E) by striking paragraph (5) and replac20 ing it with the following: 

21 ‘‘(5)(A) has not been officially found by a quali22 fied medical professional employed by the agency to 

23 be unqualified for reasons relating to mental health 

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

mstockstill on DSKH9S0YB1PROD with BILLS

5 

S 1132 RFH 

1 photographic identification as described in sub2 section (d)(1); or 

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

4 the agency from which the individual is separating 

5 from service in which that individual acknowledges 

6 he or she is not qualified under this section for rea7 sons relating to mental health and for those reasons 

8 will not receive or accept the photographic identifica9 tion as described in subsection (d)(1);’’; 

10 (2) in subsection (d)— 

11 (A) paragraph (1)— 

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

13 ‘‘separated’’; and 

14 (ii) by striking ‘‘to meet the stand15 ards’’ and all that follows through ‘‘con16 cealed firearm’’ and inserting ‘‘to meet the 

17 active duty standards for qualification in 

18 firearms training as established by the 

19 agency to carry a firearm of the same type 

20 as the concealed firearm’’; 

21 (B) paragraph (2)— 

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

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

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

25 ‘‘that indicates’’ and all that follows 

mstockstill on DSKH9S0YB1PROD with BILLS

6 

S 1132 RFH 

1 through the period and inserting ‘‘or by a 

2 certified firearms instructor that is quali3 fied to conduct a firearms qualification test 

4 for active duty officers within that State 

5 that indicates that the individual has, not 

6 less than 1 year before the date the indi7 vidual is carrying the concealed firearm, 

8 been tested or otherwise found by the 

9 State or a certified firearms instructor that 

10 is qualified to conduct a firearms qualifica11 tion test for active duty officers within that 

12 State to have met— 

13 ‘‘(I) the active duty standards for 

14 qualification in firearms training, as 

15 established by the State, to carry a 

16 firearm of the same type as the con17 cealed firearm; or 

18 ‘‘(II) if the State has not estab19 lished such standards, standards set 

20 by any law enforcement agency within 

21 that State to carry a firearm of the 

22 same type as the concealed firearm.’’; 

23 and 

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

25 following: 

mstockstill on DSKH9S0YB1PROD with BILLS

7 

S 1132 RFH 

1 ‘‘(e) As used in this section— 

2 ‘‘(1) the term ‘firearm’— 

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

4 has the same meaning as in section 921 of this 

5 title; 

6 ‘‘(B) includes ammunition not expressly 

7 prohibited by Federal law or subject to the pro8 visions of the National Firearms Act; and 

9 ‘‘(C) does not include— 

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

11 section 5845 of the National Firearms 

12 Act); 

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

14 in section 921 of this title); and 

15 ‘‘(iii) any destructive device (as de16 fined in section 921 of this title); and 

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

18 a law enforcement officer’ includes service as a law 

19 enforcement officer of the Amtrak Police Depart20 ment, service as a law enforcement officer of the 

21 Federal Reserve, or service as a law enforcement or 

mstockstill on DSKH9S0YB1PROD with BILLS

8 

S 1132 RFH 

1 police officer of the executive branch of the Federal 

2 Government.’’. 

Passed the Senate May 13, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 

mstockstill on DSKH9S0YB1PROD with BILLS