[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7804 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7804
To allow qualified current or former law enforcement officers to
purchase their service weapons, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2022
Mr. Moolenaar introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To allow qualified current or former law enforcement officers to
purchase their service weapons, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officer Safety and
Security Act of 2022''.
SEC. 2. PURCHASE OF SERVICE WEAPONS BY QUALIFIED CURRENT OR FORMER LAW
ENFORCEMENT OFFICERS.
(a) In General.--Except as provided in subsection (b), an agency
shall offer for sale at fair market value a single, functional firearm,
which would otherwise be destroyed, to an individual--
(1) who is--
(A) a law enforcement officer employed by and in
good standing with such agency; or
(B) a former law enforcement officer separated from
the employ of such agency for reasons other than
misconduct, neglect of duty, or malfeasance; and
(2) to whom such agency most recently issued such firearm.
(b) Background Check Required.--
(1) In general.--An agency may not sell a firearm to an
individual under subsection (a) of this section until the
national instant criminal background check system established
under section 103 of the Brady Handgun Violence Prevention Act
(34 U.S.C. 40901) has notified the agency that receipt of a
firearm by the individual would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law, unless paragraph (1) of section 922(t) of title 18, United
States Code, would not apply to the transfer by reason of
paragraph (3) of such section 922(t) if the agency were a
licensee.
(2) Communication between a federal agency and nics.--For
the purpose of the sale of a firearm under subsection (a) of
this section, an agency may contact the national instant
criminal background check system in the same manner as a
licensee is authorized to contact the system under section 103
of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901),
for information on whether receipt of a firearm by a
prospective buyer would violate section 922 of title 18, United
States Code, or State law, and the system may respond to such
contact as if the agency were a licensee.
(c) Definitions.--In this Act:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 551 of title 5, United States Code.
(2) Firearm.--The term ``firearm'' means a pistol or
revolver.
(3) Good standing.--The term ``good standing'' means, with
respect to an individual who is a law enforcement officer, that
the individual--
(A) is not currently the subject of any
disciplinary action by the employing agency of such
individual, which could result in permanent loss of
police powers and removal from such agency; and
(B) is not prohibited by Federal law from receiving
a firearm.
(4) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term under section 8401 of
title 5, United States Code.
(5) Licensee.--The term ``licensee'' has the meaning given
such term in section 103(j)(1) of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901(j)(1)).
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