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106TH CONGRESS
1ST SESSION
H. R. 492
To amend title 18, United States Code, to provide a national standard
in accordance with which nonresidents of a State may carry certain
concealed firearms in the State, and to exempt qualified current and
former law enforcement officers from State laws prohibiting the carrying
of concealed handguns.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 1999
Mr. STEARNS (for himself, Mr. SMITH of Washington, Mr. HALL of Texas,
Mr. BACHUS, Mr. HOLDEN, Mr. NETHERCUTT, Mr. YOUNG of Alaska,
Mrs. EMERSON, Mr. HOSTETTLER, Mr. GREEN of Texas, Mr. CRAMER,
Mr. COMBEST, Mr. RAHALL, and Mr. BARCIA) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide a national
standard in accordance with which nonresidents of a
State may carry certain concealed firearms in the State,
and to exempt qualified current and former law enforce-
ment 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,
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SECTION 1. NATIONAL STANDARD FOR THE CARRYING OF
CERTAIN CONCEALED FIREARMS BY NON-
RESIDENTS.
(a) IN GENERAL.—Chapter 44 of title 18, United
States Code, is amended by inserting after section 926A
the following:
‘‘§ 926B. National standard for the carrying of certain
concealed firearms by nonresidents
‘‘(a) Notwithstanding any provision of the law of any
State or political subdivision thereof, a person who is not
prohibited by Federal law from possessing, transporting,
shipping, or receiving a firearm and is carrying a valid
license or permit which is issued by a State and which
permits the person to carry a concealed firearm (other
than a machinegun or destructive device) may carry in an-
other State a concealed firearm (other than a machinegun
or destructive device) that has been shipped or transported
in interstate or foreign commerce, subject to subsection
(b).
‘‘(b)(1) If such other State issues licenses or permits
to carry concealed firearms, the person may carry a con-
cealed firearm in the State under the same restrictions
which apply to the carrying of a concealed firearm by a
person to whom the State has issued such a license or
permit.
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‘‘(2) If such other State does not issue licenses or
permits to carry concealed firearms, the person may not,
in the State, carry a concealed firearm in a police station,
in a public detention facility, in a courthouse, in a public
polling place, at a meeting of a State, county, or municipal
governing body, in a school, at a professional or school
athletic event not related to firearms, in a portion of an
establishment licensed by the State to dispense alcoholic
beverages for consumption on the premises, or inside the
sterile or passenger area of an airport, except to the extent
expressly permitted by State law.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for such chapter is amended by inserting after the item
relating to section 926A the following:
‘‘926B. National standard for the carrying of certain concealed firearms by non-
residents.’’.
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 926B,
as added by section 1(a) of this Act, the following:
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‘‘§ 926C. 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;
‘‘(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;
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‘‘(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.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
for such chapter is amended by inserting after the item
added by section 1(b) of this Act the following:
‘‘926C. 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.
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