I
104TH 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 4, 1995
Mr. CUNNINGHAM (for himself, Mr. HALL of Texas, Mr. BARTLETT of Mary-
land, Mr. BARTON of Texas, Mr. BREWSTER, Mr. CALVERT, Mr. CONDIT,
Mr. CRANE, Mr. DOOLITTLE, Mr. GALLEGLY, Mr. HOLDEN, Mr. HUN-
TER, Mr. INGLIS of South Carolina, Mr. KNOLLENBERG, Mr. LEWIS of
California, Mr. PACKARD, Mr. PAXON, Mr. PORTMAN, Mr. SCHAEFER,
and Mr. SOLOMON) 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 ‘‘1995 Community
Protection Initiative’’.
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.
Æ