I

104TH CONGRESS

2D SESSION H.R. 3838

To amend title 18, United States Code, to provide a national standard

in accordance with which nonresidents of a State may carry certain

concealed firearms in the State, and to exempt qualified current and

former law enforcement officers from State laws prohibiting the carrying

of concealed handguns.

IN THE HOUSE OF REPRESENTATIVES

JULY 17, 1996

Mr. STEARNS introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide a national

standard in accordance with which nonresidents of a

State may carry certain concealed firearms in the State,

and to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying

of concealed handguns.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. NATIONAL STANDARD FOR THE CARRYING OF

2 CERTAIN CONCEALED FIREARMS BY NON3 RESIDENTS.

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. National standard for the carrying of certain

8 concealed firearms by nonresidents

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

10 State or political subdivision thereof, a person who is not

11 prohibited by Federal law from possessing, transporting,

12 shipping, or receiving a firearm and is carrying a valid

13 license or permit which is issued by a State and which

14 permits the person to carry a concealed firearm (other

15 than a machinegun or destructive device) may carry in an16 other State a concealed firearm (other than a machinegun

17 or destructive device) that has been shipped or transported

18 in interstate or foreign commerce, subject to subsection

19 (b).

20 ‘‘(b)(1) If such other State issues licenses or permits

21 to carry concealed firearms, the person may carry a con22 cealed firearm in the State under the same restrictions

23 which apply to the carrying of a concealed firearm by a

24 person to whom the State has issued such a license or

25 permit.
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1 ‘‘(2) If such other State does not issue licenses or

2 permits to carry concealed firearms, the person may not,

3 in the State, carry a concealed firearm in a police station,

4 in a public detention facility, in a courthouse, in a public

5 polling place, at a meeting of a State, county, or municipal

6 governing body, in a school, at a professional or school

7 athletic event not related to firearms, in a portion of an

8 establishment licensed by the State to dispense alcoholic

9 beverages for consumption on the premises, or inside the

10 sterile or passenger area of an airport, except to the extent

11 expressly permitted by State law.’’.

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

13 for such chapter is amended by inserting after the item

14 relating to section 926A the following:

‘‘926B. National standard for the carrying of certain concealed firearms by nonresidents.’’.

15 SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER

16 LAW ENFORCEMENT OFFICERS FROM STATE

17 LAWS PROHIBITING THE CARRYING OF CON18 CEALED HANDGUNS.

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

20 States Code, is amended by inserting after section 926B,

21 as added by section 1(a) of this Act, the following:
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1 ‘‘§ 926C. Carrying of concealed handguns by qualified

2 current and former law enforcement offi3 cers

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

5 of any State or any political subdivision thereof, an indi6 vidual who is a qualified law enforcement officer or a

7 qualified former law enforcement officer and who is carry8 ing appropriate written identification of such status may

9 carry a concealed handgun.

10 ‘‘(b) As used in this section:

11 ‘‘(1) The term ‘qualified law enforcement offi12 cer’ means an officer, agent, or employee of a public

13 agency who—

14 ‘‘(A) is a law enforcement officer;

15 ‘‘(B) is authorized by the agency to carry

16 a firearm in the course of duty;

17 ‘‘(C) is not the subject of any disciplinary

18 action by the agency; and

19 ‘‘(D) meets such requirements as have

20 been established by the agency with respect to

21 firearms.

22 ‘‘(2) The term ‘qualified former law enforce23 ment officer’ means an individual who—

24 ‘‘(A) retired from service with a public

25 agency as a law enforcement officer, other than

26 for reasons of mental disability;
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1 ‘‘(B) immediately before such retirement,

2 was a qualified law enforcement officer;

3 ‘‘(C) has a nonforfeitable right to benefits

4 under the retirement plan of the agency;

5 ‘‘(D) meets such requirements as have

6 been established by the State in which the indi7 vidual resides with respect to training in the

8 use of firearms; and

9 ‘‘(E) is not prohibited by Federal law from

10 receiving a firearm.

11 ‘‘(3) The term ‘law enforcement officer’ means

12 an individual authorized by law to engage in or su13 pervise the prevention, detection, investigation, or

14 prosecution of any violation of law, and includes cor15 rections, probation, parole, and judicial officers.

16 ‘‘(4) The term ‘appropriate written identifica17 tion’ means, with respect to an individual, a docu18 ment which—

19 ‘‘(A) was issued to the individual by the

20 public agency with which the individual serves

21 or served as a law enforcement officer; and

22 ‘‘(B) identifies the holder of the document

23 as a current or former officer, agent, or em24 ployee of the agency.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for such chapter is amended by inserting after the item

3 added by section 1(b) of this Act the following:

‘‘926C. Carrying of concealed handguns by qualified current and former law enforcement officers.’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect 180 days after the date of

6 the enactment of this Act.

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