IB 
Union Calendar No. 326 
108TH CONGRESS 
2D SESSION 
H. R. 218 
[Report No. 108–560] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003 
Mr. CUNNINGHAM (for himself, Mr. BARTLETT of Maryland, Mr. GIBBONS, 
Mr. JENKINS, Mr. SHUSTER, Mr. MCINTYRE, Mr. FRANK of Massachu-
setts, Mr. CALVERT, Mr. WAMP, Mr. WELDON of Pennsylvania, Ms. 
GINNY BROWN-WAITE of Florida, Mrs. MALONEY, Mr. SHIMKUS, Mr. 
MICA, Mr. SHAYS, Mr. ISAKSON, Mr. MOORE, Mr. CRANE, Ms. BERKLEY, 
Mr. MCHUGH, Mr. CRAMER, Mr. KLECZKA, Mrs. CUBIN, Mr. MCGOV-
ERN, Mr. LEWIS of California, Mr. HINCHEY, Mr. STUPAK, Mr. HALL, 
Mrs. JO ANN DAVIS of Virginia, Mr. HUNTER, Mr. TERRY, Mr. RYAN 
of Ohio, Mr. ALEXANDER, Mr. DUNCAN, Mr. BILIRAKIS, Mr. BAIRD, Mr. 
BISHOP of Georgia, Mr. LEWIS of Kentucky, Mr. STRICKLAND, Mr. 
HOLDEN, Mr. POMEROY, Mr. SAXTON, Mr. LINDER, Mr. ROGERS of Ala-
bama, Mr. COBLE, Mr. ETHERIDGE, Mr. SCHIFF, Mr. SIMMONS, Mr. 
FRANKS of Arizona, Mr. WALSH, Mr. KING of New York, Mrs. KELLY, 
Mr. HOEFFEL, Mr. BUYER, Mr. REHBERG, Mr. HAYWORTH, Mr. RA-
HALL, Mr. SOUDER, Mr. GREEN of Texas, Mr. RYUN of Kansas, Mr. 
KANJORSKI, Mr. FORBES, and Mr. BAKER) introduced the following bill; 
which was referred to the Committee on the Judiciary 
JUNE 22, 2004 
Additional sponsors: Mr. DINGELL, Mr. NEY, Mr. ANDREWS, Mr. COMBEST, 
Mrs. EMERSON, Mr. LOBIONDO, Mr. LUCAS of Oklahoma, Mr. CARSON 
of Oklahoma, Mr. SKELTON, Mr. PALLONE, Mr. PASCRELL, Mr. HOLT, 
Mr. RYAN of Wisconsin, Mr. HOSTETTLER, Mr. MCINNIS, Mr. WALDEN 
of Oregon, Mr. OTTER, Mr. GREEN of Wisconsin, Mr. MILLER of Florida, 
Mr. FOSSELLA, Mr. KELLER, Mr. RENZI, Mr. COSTELLO, Mr. SESSIONS, 
Mr. SULLIVAN, Mr. UPTON, Mr. BARTON of Texas, Mr. LUCAS of Ken-
tucky, Mr. MEEHAN, Mrs. JOHNSON of Connecticut, Mr. CANNON, Mr.
BLUNT, Mr. WELDON of Florida, Mr. STENHOLM, Mr. JOHNSON of Illi-
nois, Mr. BARRETT of South Carolina, Mr. HULSHOF, Mr. NORWOOD, 
Mr. TIAHRT, Mr. THOMAS, Ms. HART, Mr. JONES of North Carolina, Mr. 
LAHOOD, Mr. GOODE, Mr. SCHROCK, Mr. WILSON of South Carolina, 
Mr. HAYES, Mr. WELLER, Mr. SANDLIN, Mr. QUINN, Mrs. MYRICK, Mrs. 
NORTHRUP, Mr. CHOCOLA, Mr. TURNER of Texas, Mr. WICKER, Mr. 
DAVIS of Tennessee, Mr. FOLEY, Mr. PEARCE, Mr. FROST, Mr. GORDON, 
Mr. COOPER, Mr. ENGLISH, Mr. RAMSTAD, Mr. BACHUS, Mr. GINGREY, 
Mrs. MCCARTHY of New York, Mr. BURR, Mr. ADERHOLT, Ms. CORRINE 
BROWN of Florida, Mr. GOODLATTE, Mr. PICKERING, Mr. GILLMOR, Mr. 
TANNER, Mr. PLATTS, Mrs. BIGGERT, Mr. MANZULLO, Mr. GUTKNECHT, 
Mr. MENENDEZ, Mr. LARSEN
of Washington, Mr. SIMPSON, Mr. 
LATOURETTE, Mr. BISHOP of New York, Mr. MATHESON, Mr. TAYLOR 
of Mississippi, Mr. FORD, Mr. UDALL of New Mexico, Mr. TOOMEY, Mr. 
PORTER, Ms. MCCARTHY of Missouri, Mr. CHABOT, Mr. GALLEGLY, Mr. 
WEINER, Mr. LANGEVIN, Mrs. BONO, Mr. PENCE, Mr. FLETCHER, Mr. 
PORTMAN, Mr. HASTINGS of Florida, Mr. BOSWELL, Mr. HASTINGS of 
Washington, Mr. FRELINGHUYSEN, Mr. ROYCE, Mr. SWEENEY, Mr. 
VITTER, Mr. CROWLEY, Mr. MURPHY, Mrs. WILSON of New Mexico, Mr. 
TAYLOR of North Carolina, Mr. BURTON of Indiana, Mr. ISSA, Mr. 
JOHN, Mr. DEMINT, Mr. DOOLITTLE, Mr. MURTHA, Mr. COLE, Mr. 
SMITH of New Jersey, Mr. SHAW, Mr. EVANS, Mr. FEENEY, Mr. CAN-
TOR, Mr. WHITFIELD, Mr. SHADEGG, Mr. BOUCHER, Mr. OXLEY, Mr. 
TANCREDO, Mr. ABERCROMBIE, Mr. KENNEDY of Rhode Island, Mr. 
CRENSHAW, Mr. ISRAEL, Mr. HERGER, Mr. GOSS, Mr. ROGERS of Michi-
gan, Mr. CLAY, Mr. FILNER, Mr. MCKEON, Mr. KINGSTON, Mr. DAVIS 
of Illinois, Mr. TIBERI, Mr. BONILLA, Mr. BOEHNER, Mr. HILL, Mr. LI-
PINSKI, Mr. ROGERS of Kentucky, Mr. GREENWOOD, Mr. HEFLEY, Mr. 
OSE, Mr. PETERSON of Minnesota, Mr. YOUNG of Alaska, Mr. DEAL of 
Georgia, Mr. LATHAM, Mrs. CAPITO, Mr. RADANOVICH, Mr. ISTOOK, Mr. 
PETERSON of Pennsylvania, Mr. STEARNS, Mr. THOMPSON of Mis-
sissippi, Mr. DEFAZIO, Mr. MORAN of Kansas, Mr. FALEOMAVAEGA, Mr. 
SHERMAN, Mr. MCNULTY, Mrs. BLACKBURN, Mr. PETRI, Mr. BROWN of 
South Carolina, Mr. LINCOLN DIAZ-BALART of Florida, Mr. REGULA, 
Ms. CARSON of Indiana, Mr. PITTS, Mr. BOOZMAN, Mrs. MILLER of 
Michigan, Ms. PRYCE of Ohio, Mr. NETHERCUTT, Mr. MCCOTTER, Mr. 
GARRETT of New Jersey, Mr. MARIO DIAZ-BALART of Florida, Mr. 
LEVIN, Mr. JANKLOW, Mr. CAMP, Mr. CARTER, Mr. BACA, Ms. ESHOO, 
Mr. LAMPSON, Mr. KILDEE, Mr. HOEKSTRA, Mr. COX, Mr. BURGESS, 
Ms. HARRIS, Mr. POMBO, Mr. CULBERSON, Mr. OSBORNE, Ms. HOOLEY 
of Oregon, Mr. PAUL, Ms. ROS-LEHTINEN, Ms. MILLENDER-MCDONALD, 
Ms. GRANGER, Mr. COLLINS, Ms. LORETTA SANCHEZ of California, Mr. 
NUSSLE, Mr. BISHOP of Utah, Mr. EVERETT, Mr. GARY G. MILLER of 
California, Mr. HENSARLING, Mr. REYES, Mr. GERLACH, Mr. MORAN of 
Virginia, Mr. NUNES, Mr. SMITH of Washington, Mrs. CAPPS, Mr. INS-
LEE, Mr. MARSHALL, Mr. DAVIS of Alabama, Mr. JEFFERSON, Mr. 
KLINE, Mr. KIND, Mr. PUTNAM, Ms. DELAURO, Mr. REYNOLDS, Mr. 
ROTHMAN, Mr. BRADY of Pennsylvania, Mr. TURNER of Ohio, Mr. 
BURNS, Mr. SCOTT of Georgia, Mr. LEWIS of Georgia, Mr. GONZALEZ, 
Mr. BOEHLERT, Ms. MAJETTE, Ms. SLAUGHTER, Mr. AKIN, Ms. JACK-
SON-LEE of Texas, Mr. MILLER of North Carolina, Mr. CHANDLER, Mr. 
RUPPERSBERGER, Mr. GRIJALVA, Mr. DEUTSCH, and Mr. BLUMENAUER. 
JUNE 22, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 7, 2003] 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Law Enforcement Offi-
cers Safety Act of 2003’’. 
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. 
‘‘(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 arrest; 
‘‘(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 substance; 
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. 
‘‘(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 ENFORCE-
MENT OFFICERS FROM STATE LAWS PROHIB-
ITING THE CARRYING OF CONCEALED FIRE-
ARMS. 
(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 
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. 
‘‘(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, detec-
tion, investigation, or prosecution of, or the incarcer-
ation of any person for, any violation of law, and 
had statutory powers of arrest; 
‘‘(3)(A) before such retirement, was regularly em-
ployed 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 retirement plan of the agency; 
‘‘(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; and 
‘‘(6) is not prohibited by Federal law from re-
ceiving 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 fire-
arm, 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 enforcement officer; and 
‘‘(B) a certification issued by the State in which 
the individual resides that indicates that the indi-
vidual 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 fire-
arm. 
‘‘(e) As used in this section, the term ‘firearm’ does 
not include—
Union Calendar No. 326 
108TH CONGRESS 
2D SESSION 
H. R. 218 
[Report No. 108–560] 
A BILL 
To amend title 18, United States Code, to exempt 
qualified current and former law enforcement of-
ficers from State laws prohibiting the carrying of 
concealed handguns. 
JUNE 22, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed