H. R. 218—2
‘‘(5) is not under the influence of alcohol or another intoxi-
cating or hallucinatory drug or substance; and
‘‘(6) is not prohibited by Federal law from receiving a
firearm.
‘‘(d) The identification required by this subsection is the photo-
graphic identification issued by the governmental agency for which
the individual is employed as a law enforcement officer.
‘‘(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 section 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 ENFORCEMENT OFFI-
CERS FROM STATE LAWS PROHIBITING THE CARRYING
OF CONCEALED 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 individual who is
a qualified retired 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 prohibit or restrict
the possession of concealed firearms on their property; or
‘‘(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.
‘‘(c) As used in this section, the term ‘qualified retired law
enforcement officer’ means an individual who—
‘‘(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons
of mental instability;
‘‘(2) before such retirement, was 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 had statutory powers of arrest;
‘‘(3)(A) before such retirement, was regularly employed as
a law enforcement officer for an aggregate of 15 years or more;
or
‘‘(B) retired from service with such agency, after completing
any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency;
‘‘(4) has a nonforfeitable right to benefits under the retire-
ment plan of the agency;
H. R. 218—3
‘‘(5) during the most recent 12-month period, has met,
at the expense of the individual, the State’s standards for
training and qualification for active law enforcement officers
to carry firearms;
‘‘(6) is not under the influence of alcohol or another intoxi-
cating or hallucinatory drug or substance; and
‘‘(7) is not prohibited by Federal law from receiving a
firearm.
‘‘(d) The identification required by this subsection is—
‘‘(1) a photographic identification issued by the agency from
which the individual retired from service as a law enforcement
officer that indicates that the individual has, not less recently
than one year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the agency
to meet the standards established by the agency for training
and qualification for active law enforcement officers to carry
a firearm of the same type as the concealed firearm; or
‘‘(2)(A) a photographic identification issued by the agency
from which the individual retired from service as a law enforce-
ment officer; and
‘‘(B) a certification issued by the State in which the indi-
vidual resides that indicates that the individual has, not less
recently than one year before the date the individual is carrying
the concealed firearm, been tested or otherwise found by the
State to meet the standards established by the State for
training and qualification for active law enforcement officers
to carry a firearm of the same type as the concealed firearm.
‘‘(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) a destructive device (as defined in section 921 of this
title).’’.
(b) CLERICAL AMENDMENT.—The table of sections for such
chapter is further amended by inserting after the item relating
to section 926B the following:
‘‘926C. Carrying of concealed firearms by qualified retired law enforcement offi-
cers.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.