Text: S.1132 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Public Law No: 111-272 (10/12/2010)

 
[111th Congress Public Law 272]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 2855]]

Public Law 111-272
111th Congress

                                 An Act


 
    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. <<NOTE: Oct. 12, 2010 -  [S. 1132]>> 

    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 Improvements Act of 2010.>> 
SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

    This Act may be cited as the ``Law Enforcement Officers Safety Act 
Improvements Act of 2010''.
SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF 
                    TITLE 18.

    (a) In General.--Section 926B of title 18, United States Code, is 
amended--
            (1) in subsection (c)(3), by inserting ``which could result 
        in suspension or loss of police powers'' after ``agency''; and
            (2) by adding at the end the following:

    ``(f) For the purposes of this section, a law enforcement officer of 
the Amtrak Police Department, a law enforcement officer of the Federal 
Reserve, or a law enforcement or police officer of the executive branch 
of the Federal Government qualifies as an employee of a governmental 
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.''.
    (b) Active Law Enforcement Officers.--Section 926B of title 18, 
United States Code is amended by striking subsection (e) and inserting 
the following:
    ``(e) As used in this section, the term `firearm'--
            ``(1) except as provided in this subsection, has the same 
        meaning as in section 921 of this title;
            ``(2) includes ammunition not expressly prohibited by 
        Federal law or subject to the provisions of the National 
        Firearms Act; and
            ``(3) does not include--
                    ``(A) any machinegun (as defined in section 5845 of 
                the National Firearms Act);
                    ``(B) any firearm silencer (as defined in section 
                921 of this title); and
                    ``(C) any destructive device (as defined in section 
                921 of this title).''.

    (c) Retired Law Enforcement Officers.--Section 926C of title 18, 
United States Code is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--

[[Page 124 STAT. 2856]]

                          (i) by striking ``retired'' and inserting 
                      ``separated from service''; and
                          (ii) by striking ``, other than for reasons of 
                      mental instability'';
                    (B) in paragraph (2), by striking ``retirement'' and 
                inserting ``separation'';
                    (C) in paragraph (3)--
                          (i) in subparagraph (A), by striking 
                      ``retirement, was regularly employed as a law 
                      enforcement officer for an aggregate of 15 years 
                      or more'' and inserting ``separation, served as a 
                      law enforcement officer for an aggregate of 10 
                      years or more''; and
                          (ii) in subparagraph (B), by striking 
                      ``retired'' and inserting ``separated'';
                    (D) by striking paragraph (4) and inserting the 
                following:
            ``(4) during the most recent 12-month period, has met, at 
        the expense of the individual, the standards for qualification 
        in firearms training for active law enforcement officers, as 
        determined by the former agency of the individual, the State in 
        which the individual resides or, if the State has not 
        established such standards, either a law enforcement agency 
        within the State in which the individual resides or the 
        standards used by a certified firearms instructor that is 
        qualified to conduct a firearms qualification test for active 
        duty officers within that State;''; and
                    (E) by striking paragraph (5) and replacing it with 
                the following:
            ``(5)(A) has not been officially found by a qualified 
        medical professional employed by the agency to be unqualified 
        for reasons relating to mental health and as a result of this 
        finding will not be issued the photographic identification as 
        described in subsection (d)(1); or
            ``(B) has not entered into an agreement with the agency from 
        which the individual is separating from service in which that 
        individual acknowledges he or she is not qualified under this 
        section for reasons relating to mental health and for those 
        reasons will not receive or accept the photographic 
        identification as described in subsection (d)(1);'';
            (2) in subsection (d)--
                    (A) paragraph (1)--
                          (i) by striking ``retired'' and inserting 
                      ``separated''; and
                          (ii) by striking ``to meet the standards'' and 
                      all that follows through ``concealed firearm'' and 
                      inserting ``to meet the active duty standards for 
                      qualification in firearms training as established 
                      by the agency to carry a firearm of the same type 
                      as the concealed firearm'';
                    (B) paragraph (2)--
                          (i) in subparagraph (A), by striking 
                      ``retired'' and inserting ``separated''; and
                          (ii) in subparagraph (B), by striking ``that 
                      indicates'' and all that follows through the 
                      period and inserting ``or by a certified firearms 
                      instructor that is qualified to conduct a firearms 
                      qualification test for active duty officers within 
                      that State that indicates

[[Page 124 STAT. 2857]]

                      that the individual has, not less than 1 year 
                      before the date the individual is carrying the 
                      concealed firearm, been tested or otherwise found 
                      by the State or a certified firearms instructor 
                      that is qualified to conduct a firearms 
                      qualification test for active duty officers within 
                      that State to have met--
                                    ``(I) the active duty standards for 
                                qualification in firearms training, as 
                                established 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 any law enforcement agency within 
                                that State to carry a firearm of the 
                                same type as the concealed firearm.''; 
                                and
            (3) by striking subsection (e) and inserting the following:

    ``(e) As used in this section--
            ``(1) the term `firearm'--
                    ``(A) except as provided in this paragraph, has the 
                same meaning as in section 921 of this title;
                    ``(B) includes ammunition not expressly prohibited 
                by Federal law or subject to the provisions of the 
                National Firearms Act; and
                    ``(C) does not include--
                          ``(i) any machinegun (as defined in section 
                      5845 of the National Firearms Act);
                          ``(ii) any firearm silencer (as defined in 
                      section 921 of this title); and
                          ``(iii) any destructive device (as defined in 
                      section 921 of this title); and
            ``(2) the term `service with a public agency as a law 
        enforcement officer' includes service as a law enforcement 
        officer of the Amtrak Police Department, service as a law 
        enforcement officer of the Federal Reserve, or service as a law 
        enforcement or police officer of the executive branch of the 
        Federal Government.''.

    Approved October 12, 2010.

LEGISLATIVE HISTORY--S. 1132:
---------------------------------------------------------------------------

SENATE REPORTS: No. 111-233 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 156 (2010):
            May 13, considered and passed Senate.
            Sept. 29, considered and passed House.

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