[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1805 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1805

 To amend title 18, United States Code, to exempt qualified current or 
    former law enforcement officers from State laws prohibiting the 
                    carrying of concealed firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 1995

Mr. Lightfoot 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 or 
    former law enforcement officers from State laws prohibiting the 
                    carrying of concealed firearms.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXEMPTION OF QUALIFIED CURRENT OR FORMER 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 current or 
              former 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 or a qualified retired law enforcement officer 
and who is carrying the identification required by subsection (d) may 
carry a concealed firearm subject to subsection (b).
    ``(b) A State or political subdivision thereof may require an 
individual referred to in subsection (a) to provide appropriate 
authorities with prior notice of the intent of the individual to carry 
a concealed firearm in the State or political subdivision, except that 
any such requirement shall not apply to such an individual who is 
passing through the State or political subdivision without undue delay 
en route to another State or political subdivision.
    ``(c) As used in this section:
            ``(1) The term `qualified law enforcement officer' means a 
        full-time employee of a governmental agency who--
                    ``(A) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of any violation of law;
                    ``(B) is authorized by the agency to carry a 
                firearm at all times;
                    ``(C) is not the subject of any disciplinary action 
                by the agency; and
                    ``(D) meets standards established by the agency 
                which require the employee to regularly qualify in the 
                use of a firearm.
            ``(2) The term `qualified retired law enforcement officer' 
        means an individual who--
                    ``(A) is retired from service with a governmental 
                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 individual 
                resides with respect to training in the use of 
                firearms; and
                    ``(E) is not prohibited by Federal law from 
                receiving a firearm.
    ``(d) The identification required by this subsection is--
            ``(1) in the case of an individual who is a qualified law 
        enforcement officer, the official badge and photographic 
        identification issued by the governmental agency for which the 
        individual is employed as a law enforcement officer; or
            ``(2) in the case of an individual who is a qualified 
        retired law enforcement officer, such photographic 
        identification and other identification media as the 
        governmental agency from which the individual is retired may 
        issue to retired law enforcement officers.''.
    (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 current or former 
                            law enforcement officers.''.
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