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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Introduced in Senate (IS)]

111th CONGRESS
  1st 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 introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.

    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 2009''.

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 by adding at the end the following:
    ``(f) For the purposes of this section, a law enforcement officer 
of the Amtrak Police Department 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)--
                            (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, a law enforcement agency within the 
        State in which the individual resides;''; 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 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, or as a law 
        enforcement or police officer of the executive branch of the 
        Federal Government.''.
                                 <all>
```