I
107TH CONGRESS
1ST SESSION
H. R. 218
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 3, 2001
Mr. CUNNINGHAM introduced the following bill; which was referred to the
Committee on the Judiciary
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 2001’’.
‘‘(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; 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 photographic identification issued by the governmental
agency for which the individual is, or was, employed 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 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 5 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 or qualification to carry fire-
arms; and
‘‘(6) is not prohibited by Federal law from re-
ceiving a firearm.
‘‘(d) The identification required by this subsection is
photographic identification issued by the agency for which
the individual was employed as a law enforcement offi-
cer.’’.
(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.’’.
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