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.
‘‘(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.
‘‘(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
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 re-
tired 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
employed as a law enforcement officer for an aggre-
gate 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;
‘‘(6) is not under the influence of alcohol or an-
other intoxicating or hallucinatory drug or sub-
stance; and
‘‘(7) 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 serv-
ice 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 con-
cealed 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 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
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.’’.
Passed the House of Representatives June 23, 2004.
Attest:
Clerk.