II 
Calendar No. 599 
108TH CONGRESS 
2D SESSION 
H. R. 218 
IN THE SENATE OF THE UNITED STATES 
JUNE 24, 2004 
Received and read the first time 
JUNE 25, 2004 
Read the second time and placed on the calendar 
AN ACT 
To amend title 18, United States Code, to exempt qualified 
current and former law enforcement officers from State 
laws prohibiting the carrying of concealed handguns. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 218 PCS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Law Enforcement Offi-
cers Safety Act of 2004’’. 
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OF-
FICERS FROM STATE LAWS PROHIBITING 
THE CARRYING OF CONCEALED FIREARMS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by inserting after section 926A 
the following: 
‘‘§ 926B. Carrying of concealed firearms by qualified 
law enforcement officers 
‘‘(a) Notwithstanding any other provision of the law 
of any State or any political subdivision thereof, an indi-
vidual who is a qualified law enforcement officer and who 
is carrying the identification required by subsection (d) 
may carry a concealed firearm that has been shipped or 
transported in interstate or foreign commerce, subject to 
subsection (b). 
‘‘(b) This section shall not be construed to supersede 
or limit the laws of any State that— 
‘‘(1) permit private persons or entities to pro-
hibit or restrict the possession of concealed firearms 
on their property; or 
‘‘(2) prohibit or restrict the possession of fire-
arms on any State or local government property, in-
stallation, building, base, or park.
HR 218 PCS 
‘‘(c) As used in this section, the term ‘qualified law 
enforcement officer’ means an employee of a governmental 
agency who— 
‘‘(1) is authorized by law to engage in or super-
vise the prevention, detection, investigation, or pros-
ecution of, or the incarceration of any person for, 
any violation of law, and has statutory powers of ar-
rest; 
‘‘(2) is authorized by the agency to carry a fire-
arm; 
‘‘(3) is not the subject of any disciplinary action 
by the agency; 
‘‘(4) meets standards, if any, established by the 
agency which require the employee to regularly qual-
ify in the use of a firearm; 
‘‘(5) is not under the influence of alcohol or an-
other intoxicating or hallucinatory drug or sub-
stance; and 
‘‘(6) is not prohibited by Federal law from re-
ceiving a firearm. 
‘‘(d) The identification required by this subsection is 
the photographic identification issued by the governmental 
agency for which the individual is employed as a law en-
forcement officer.
HR 218 PCS 
‘‘(e) As used in this section, the term ‘firearm’ does 
not include— 
‘‘(1) any machinegun (as defined in section 
5845 of the National Firearms Act); 
‘‘(2) any firearm silencer (as defined in section 
921 of this title); and 
‘‘(3) any destructive device (as defined in sec-
tion 921 of this title).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by inserting after the item 
relating to section 926A the following: 
‘‘926B. Carrying of concealed firearms by qualified law enforcement officers.’’. 
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW EN-
FORCEMENT OFFICERS FROM STATE LAWS 
PROHIBITING 
THE 
CARRYING 
OF 
CON-
CEALED FIREARMS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is further amended by inserting after section 
926B the following: 
‘‘§ 926C. Carrying of concealed firearms by qualified 
retired law enforcement officers 
‘‘(a) Notwithstanding any other provision of the law 
of any State or any political subdivision thereof, an indi-
vidual who is a qualified retired law enforcement officer 
and who is carrying the identification required by sub-
section (d) may carry a concealed firearm that has been