I 
111TH CONGRESS 
1ST SESSION H. R. 3752 
To amend title 18, United States Code, to improve the provisions relating 
to the carrying of concealed weapons by law enforcement officers, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2009 
Mr. FORBES introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to improve the 
provisions relating to the carrying of concealed weapons 
by law enforcement officers, and for other purposes. 
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 Improvements Act of 2009’’. 
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SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER 
SAFETY PROVISIONS OF TITLE 18. 
(a) CARRYING OF CONCEALED FIREARM BY QUALI-
FIED LAW ENFORCEMENT OFFICER.—Section 926B of 
title 18, United States Code, is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘(or ap-
prehension)’’ after ‘‘arrest’’; and 
(B) in paragraph (3), by inserting ‘‘which 
could result in suspension or loss of police pow-
ers’’ before the semicolon; 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) As used in this section, the term ‘firearm’ has 
the same meaning as defined in section 921 of this title 
and is deemed to include ammunition the possession of 
which is not expressly prohibited by Federal law, or which 
are not subject to the provisions of the National Firearms 
Act, but 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); or 
‘‘(3) any destructive device (as defined in sec-
tion 921 of this title).’’; and 
(3) by adding at the end the following: 
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‘‘(f) For purposes of this section, a law enforcement 
officer of the Amtrak Police Department, a law enforce-
ment officer of the Federal Reserve System, and a law 
enforcement or police officer of the executive branch of 
the Federal Government qualifies as an employee of a gov-
ernmental agency who is authorized by law to engage in 
or supervise the prevention, detection, investigation, or 
prosecution of, or the incarceration of any person for, any 
violation of law, and has statutory powers of arrest (or 
apprehension).’’. 
(b) CARRYING OF CONCEALED FIREARM BY QUALI-
FIED RETIRED LAW ENFORCEMENT OFFICER.—Section 
926C of title 18, United States Code, is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) separated from service in good standing, 
or was honorably discharged from service, with a 
public agency as a law enforcement officer;’’. 
(B) in paragraph (2)— 
(i) by striking ‘‘retirement’’ and in-
serting ‘‘separation’’; and 
(ii) by inserting ‘‘or apprehension’’ 
after ‘‘arrest’’; and 
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(C) by striking paragraphs (3) through (5) 
and inserting the following: 
‘‘(3)(A) before such separation, served as a law 
enforcement officer for an aggregate of 10 years or 
more; or 
‘‘(B) separated from service with the agency, 
after completing any applicable probationary period 
of such service, due to a service-connected disability, 
as determined by the agency; 
‘‘(4) during the most recent 12-month period, 
has met, at the expense of the individual, the stand-
ards for qualification in firearms training for active 
law enforcement officers as set by the agency, the 
State in which the officer resides, or if the State has 
not established the standards, a law enforcement 
agency in the State in which the officer resides; 
‘‘(5)(A) has not been found by a physician, li-
censed as such under State law, to not be qualified 
to handle a firearm for reasons related to mental 
health; and 
‘‘(B) has not entered into an agreement with 
the agency, in which the officer acknowledges he is 
not qualified to handle a firearm for reasons related 
to mental health;’’; 
(2) in subsection (d)— 
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(A) in paragraph (1)— 
(i) by striking ‘‘retired’’ and inserting 
‘‘separated’’; and 
(ii) by striking ‘‘to meet the standards 
established by the agency for training and 
qualification for active law enforcement of-
ficers to carry a firearm of the same type 
as the concealed firearm; or’’ and inserting 
‘‘to meet the active duty standards for 
qualification in firearms training as estab-
lished by the agency to carry a firearm of 
the same type as the concealed firearm 
or’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘retired’’ and inserting ‘‘separated’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) a certification issued by the State in 
which the individual resides, or by a certified 
firearms instructor that is qualified to conduct 
a firearms qualification test for active duty offi-
cers in the State, which indicates that the indi-
vidual has, not less recently than 1 year before 
the date the individual is carrying the concealed 
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firearm, been tested or otherwise found by the 
State or the certified firearms instructor to 
have met— 
‘‘(i) the active duty standards for 
qualification in firearms training as estab-
lished by the State to carry a firearm of 
the same type as the concealed firearm; or 
‘‘(ii) if the State has not established 
such standards, standards set by a law en-
forcement agency in the State to carry a 
firearm of the same type as the concealed 
firearm.’’. 
(3) by striking subsection (e) and inserting the 
following: 
‘‘(e) As used in this section, the term ‘firearm’ has 
the same meaning as defined in section 921 of this title 
and is deemed to include ammunition the possession of 
which is not expressly prohibited by Federal law, or which 
are not subject to the provisions of the National Firearms 
Act, but 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); or 
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‘‘(3) any destructive device (as defined in sec-
tion 921 of this title).’’; and 
(4) by adding at the end the following: 
‘‘(f) In this section, the term ‘service with a public 
agency as a law enforcement officer’ includes service as 
a law enforcement officer of the Amtrak Police Depart-
ment, service as a law enforcement officer of the Federal 
Reserve System, service as a law enforcement officer or 
in a primarily law enforcement capacity for a branch of 
the United States Armed Forces, or as a law enforcement 
or police officer of the executive branch of the Federal 
Government.’’. 
(c) POSSESSION OF FIREARM IN A SCHOOL ZONE BY 
QUALIFIED LAW ENFORCEMENT OFFICER OR QUALIFIED 
RETIRED
LAW
ENFORCEMENT
OFFICER.—Section 
922(q)(2)(B)(vi) of such title is amended by inserting ‘‘, 
a qualified law enforcement officer (as defined in section 
926B(c)), or a qualified retired law enforcement officer 
(as defined in section 926C(c))’’ before the semicolon. 
Æ 
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