‘‘(5) during the most recent 12-month period or,
if the agency requires active duty officers to do so
with lesser frequency than every 12 months, during
such most recent period as the agency requires with
respect to active duty officers, has completed, at the
expense of the individual, a program approved by the
State for training or qualification in the use of 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 State in which the
agency for which the individual was employed as a law
enforcement officer is located.’’.
(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.’’.
SEC. 4. NATIONAL STANDARD FOR THE CARRYING OF CER-
TAIN CONCEALED FIREARMS.
(a) IN GENERAL.—Chapter 44 of title 18, United
States Code, is further amended by inserting after section
926C the following:
‘‘§ 926D. National standard for the carrying of certain
concealed firearms
‘‘(a)(1) Notwithstanding any residency requirement
imposed by or under State law, a person who is not a resi-
dent of a State may carry a concealed firearm in the State,
subject to the other laws of the State, if—
‘‘(A) the person is not prohibited by Federal law
from possessing, transporting, shipping, or receiving
a firearm;
‘‘(B) the firearm has been shipped or transported
in interstate or foreign commerce;
‘‘(C) the person is carrying a valid license or
permit which—
‘‘(i) is issued by a State designated under
subsection (b) as a Class I State or a Class II
State; and
‘‘(ii) permits the person to carry a con-
cealed firearm in such Class I or Class II State;
and
‘‘(D)(i) the State is designated under subsection
(b) as a Class I State; or
‘‘(ii) the State is designated under subsection (b)
as a Class II State, and has transmitted to the Attor-
ney General a declaration, not subsequently with-
drawn or rescinded, by the Governor or other chief ex-
ecutive officer of the State, that, for purposes of this
section—
‘‘(I) the State will treat a permit which
meets the requirements of subparagraph (C) as if
the permit were issued by the State; and
‘‘(II) such officer is not prohibited by State
law from making such a declaration.
‘‘(2) Within 7 days after the Attorney General receives
a declaration described in paragraph (1)(D)(ii), or a rev-
ocation of such a declaration, the Attorney General shall
publish in the Federal Register a notice advising the public
of the terms and effective date of the declaration or revoca-
tion for purposes of this section.
‘‘(b)(1) Not later than 90 days after the date of the
enactment of this section, the Attorney General shall—
‘‘(A) designate a State as a Class I State if the
State is required to issue a license or permit to carry
a concealed firearm to any person who meets criteria
established in law or regulation, or if the meeting of
such criteria by a person is sufficient to permit the
person to carry a concealed firearm; and
‘‘(B) designate a State as a Class II State if the
State is authorized but not required to issue a license
or permit to carry a concealed firearm to any person
who meets criteria established in law or regulation.
‘‘(2)(A) On authorization of the legislature of a State,
the chief executive officer of the State may transmit to the
Attorney General notice that, as a result of a change in
State law, the designation in effect with respect to the State
under this subsection is no longer clearly warranted.
‘‘(B)(i) Within 7 days after being informed of any
change in law which warrants the redesignation of a State
under this subsection, the Attorney General shall redesig-
nate the State, as appropriate, and publish notice of the
redesignation in the Federal Register.
‘‘(ii) For purposes of this section, a redesignation shall
take effect upon publication under clause (i) of notice of
the redesignation.
‘‘(c) The Attorney General shall commence an ongoing
and regular compilation of all State laws, and where appli-
cable, Federal laws, relating to the lawful carrying of con-
cealed firearms by private citizens, and publish on an an-
nual basis the same for use by the public.
‘‘(d) As used in this section:
‘‘(1) The term ‘State’ means any State, district,
commonwealth, or territory of the United States.
‘‘(2) The term ‘Attorney General’ means the At-
torney General of the United States.
‘‘(3) The term ‘concealed firearm’ does not in-
clude a machine gun or destructive device.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
such chapter is further amended by inserting after the item
relating to section 926C the following:
‘‘926D. National standard for the carrying of certain concealed firearms.’’.
Union Calendar No. 460
105TH CONGRESS
2D SESSION
H. R. 218
[Report No. 105–819]
A BILL
To amend title 18, United States Code, to exempt
qualified current and former law enforcement of-
ficers from State laws prohibiting the carrying of
concealed handguns.
OCTOBER 14, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed