Text: H.R.218 — 108th Congress (2003-2004)All Bill Information (Except Text)

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Public Law No: 108-277 (07/22/2004)

 
[108th Congress Public Law 277]
[From the U.S. Government Printing Office]


[DOCID: f:publ277.108]

[[Page 118 STAT. 865]]

Public Law 108-277
108th Congress

                                 An Act


 
 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. <<NOTE: July 22, 2004 -  [H.R. 218]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Law Enforcement 
Officers Safety Act of 2004. 18 USC 921 note.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Law Enforcement Officers Safety Act 
of 2004''.

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS 
            PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 926A the following:

``Sec. 926B. Carrying of concealed firearms by qualified law enforcement 
                        officers

    ``(a) Notwithstanding any other provision of the law of any State or 
any political subdivision thereof, an individual who is a qualified law 
enforcement officer and who is carrying the identification required by 
subsection (d) may carry a concealed firearm that has been shipped or 
transported in interstate or foreign commerce, subject to subsection 
(b).
    ``(b) This section shall not be construed to supersede or limit the 
laws of any State that--
            ``(1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their property; 
        or
            ``(2) prohibit or restrict the possession of firearms on any 
        State or local government property, installation, building, 
        base, or park.

    ``(c) As used in this section, the term `qualified law enforcement 
officer' means an employee of a governmental agency who--
            ``(1) 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;
            ``(2) is authorized by the agency to carry a firearm;
            ``(3) is not the subject of any disciplinary action by the 
        agency;
            ``(4) meets standards, if any, established by the agency 
        which require the employee to regularly qualify in the use of a 
        firearm;

[[Page 118 STAT. 866]]

            ``(5) is not under the influence of alcohol or another 
        intoxicating or hallucinatory drug or substance; and
            ``(6) is not prohibited by Federal law from receiving a 
        firearm.

    ``(d) The identification required by this subsection is the 
photographic identification issued by the governmental agency for which 
the individual is employed as a law enforcement officer.
    ``(e) As used in this section, the term `firearm' 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); and
            ``(3) any destructive device (as defined in section 921 of 
        this title).''.

    (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 firearms by qualified law enforcement 
           officers.''.

SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM 
            STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
further amended by inserting after section 926B the following:

``Sec. 926C. Carrying of concealed firearms by qualified retired law 
                        enforcement officers

    ``(a) Notwithstanding any other provision of the law of any State or 
any political subdivision thereof, an individual who is a qualified 
retired law enforcement officer and who is carrying the identification 
required by subsection (d) may carry a concealed firearm that has been 
shipped or transported in interstate or foreign commerce, subject to 
subsection (b).
    ``(b) This section shall not be construed to supersede or limit the 
laws of any State that--
            ``(1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their property; 
        or
            ``(2) prohibit or restrict the possession of firearms on any 
        State or local government property, installation, building, 
        base, or park.

    ``(c) As used in this section, the term `qualified retired law 
enforcement officer' means an individual who--
            ``(1) retired in good standing from service with a public 
        agency as a law enforcement officer, other than for reasons of 
        mental instability;
            ``(2) before such retirement, was 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 had statutory powers of arrest;
            ``(3)(A) before such retirement, was regularly employed as a 
        law enforcement officer for an aggregate of 15 years or more; or
            ``(B) retired from service with such agency, after 
        completing any applicable probationary period of such service, 
        due to a service-connected disability, as determined by such 
        agency;
            ``(4) has a nonforfeitable right to benefits under the 
        retirement plan of the agency;

[[Page 118 STAT. 867]]

            ``(5) during the most recent 12-month period, has met, at 
        the expense of the individual, the State's standards for 
        training and qualification for active law enforcement officers 
        to carry firearms;
            ``(6) is not under the influence of alcohol or another 
        intoxicating or hallucinatory drug or substance; and
            ``(7) is not prohibited by Federal law from receiving a 
        firearm.

    ``(d) The identification required by this subsection is--
            ``(1) a photographic identification issued by the agency 
        from which the individual retired from service as a law 
        enforcement officer that indicates that the individual has, not 
        less recently than one year before the date the individual is 
        carrying the concealed firearm, been tested or otherwise found 
        by the agency to meet the standards established by the agency 
        for training and qualification for active law enforcement 
        officers to carry a firearm of the same type as the concealed 
        firearm; or
            ``(2)(A) a photographic identification issued by the agency 
        from which the individual retired from service as a law 
        enforcement officer; and
            ``(B) a certification issued by the State in which the 
        individual resides that indicates that the individual has, not 
        less recently than one year before the date the individual is 
        carrying the concealed firearm, been tested or otherwise found 
        by the State to meet the standards established by the State for 
        training and qualification for active law enforcement officers 
        to carry a firearm of the same type as the concealed firearm.

    ``(e) As used in this section, the term `firearm' 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); and
            ``(3) a destructive device (as defined in section 921 of 
        this title).''.

    (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 officers.''.

    Approved July 22, 2004.

LEGISLATIVE HISTORY--H.R. 218 (S. 253):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-560 (Comm. on the Judiciary).
SENATE REPORTS: No. 108-29 accompanying S. 253 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            June 23, considered and passed House.
            July 7, considered and passed Senate.

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