CARA, Mr. THOMPSON, Mr. CLEMENT, Mr. UPTON, Mr. HALL of Ohio,
Ms. DUNN, Ms. GRANGER, Mr. SHERMAN, Mr. TALENT, Mrs. FOWLER,
Mr. SKEEN, Mr. ADERHOLT, Mr. CAMP, Mr. DOYLE, Mr. CRANE, Mr.
EHRLICH, Mr. NEUMANN, Mr. DICKEY, Mr. SUNUNU, Mr. SALMON, Mr.
BILIRAKIS, Mr. HOSTETTLER, Mr. BLUNT, Ms. PRYCE of Ohio, Mr. ING-
LIS of South Carolina, Mr. SPENCE, Mr. MCINTOSH, Mr. PICKETT, Mr.
JONES, Mr. BISHOP, and Mr. GILMAN
Deleted sponsor: Mr. BILBRAY (added January 7, 1997; deleted September
10, 1998)
OCTOBER 14, 1998
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]
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 ‘‘Community Protection
Act of 1997’’.
SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER
LAW ENFORCEMENT OFFICERS FROM STATE
LAWS PROHIBITING THE CARRYING OF CON-
CEALED HANDGUNS.
(a) IN GENERAL.—Chapter 44 of title 18, United
States Code, is amended by inserting after section 926A
the following:
‘‘§ 926B. Carrying of concealed handguns by qualified
current and former law enforcement offi-
cers
‘‘(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 or a
qualified former law enforcement officer and who is carry-
ing appropriate written identification of such status may
carry a concealed handgun.
‘‘(b) As used in this section:
‘‘(1) The term ‘qualified law enforcement offi-
cer’ means an officer, agent, or employee of a public
agency who—
‘‘(A) is a law enforcement officer;
‘‘(B) is authorized by the agency to carry
a firearm in the course of duty; and
‘‘(C) is not the subject of any disciplinary
action by the agency; and
‘‘(D) meets such requirements as have
been established by the agency with respect to
firearms.
‘‘(2) The term ‘qualified former law enforce-
ment officer’ means an individual who—
‘‘(A) retired from service with a public
agency as a law enforcement officer, other than
for reasons of mental disability; and
‘‘(B) immediately before such retirement,
was a qualified law enforcement officer;
‘‘(C) has a nonforfeitable right to benefits
under the retirement plan of the agency;
‘‘(D) meets such requirements as have
been established by the State in which the indi-
vidual resides with respect to training in the
use of firearms; and
‘‘(E) is not prohibited by Federal law from
receiving a firearm.
‘‘(3) The term ‘law enforcement officer’ means
an individual authorized by law to engage in or su-
pervise the prevention, detection, investigation, or
prosecution of any violation of law, and includes cor-
rections, probation, parole, and judicial officers.
‘‘(4) The term ‘appropriate written identifica-
tion’ means, with respect to an individual, a docu-
ment which—
‘‘(A) was issued to the individual by the
public agency with which the individual serves
or served as a law enforcement officer; and
‘‘(B) identifies the holder of the document
as a current or former officer, agent, or em-
ployee of the agency.’’.
(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 handguns by qualified current and former law en-
forcement officers.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 180 days after the date of
the enactment of this Act.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Community Protection
Act of 1998’’.
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 at all times;
‘‘(3) is not the subject of any disciplinary action
by the agency; and
‘‘(4) meets standards, if any, established by the
agency which require the employee to regularly qual-
ify in the use of a firearm.
‘‘(d) The identification required by this subsection is
the official badge and photographic identification issued by
the governmental agency for which the individual is em-
ployed as a law enforcement officer.’’.
(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—