[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3838 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H.R. 3838

 To amend title 18, United States Code, to provide a national standard 
  in accordance with which nonresidents of a State may carry certain 
 concealed firearms in the State, and to exempt qualified current and 
    former law enforcement officers from State laws prohibiting the 
                    carrying of concealed handguns.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 1996

 Mr. Stearns introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide a national standard 
  in accordance with which nonresidents of a State may carry certain 
 concealed firearms in the State, and 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED 
              FIREARMS BY NONRESIDENTS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 926A the following:
``Sec. 926B. National standard for the carrying of certain concealed 
              firearms by nonresidents
    ``(a) Notwithstanding any provision of the law of any State or 
political subdivision thereof, a person who is not prohibited by 
Federal law from possessing, transporting, shipping, or receiving a 
firearm and is carrying a valid license or permit which is issued by a 
State and which permits the person to carry a concealed firearm (other 
than a machinegun or destructive device) may carry in another State a 
concealed firearm (other than a machinegun or destructive device) that 
has been shipped or transported in interstate or foreign commerce, 
subject to subsection (b).
    ``(b)(1) If such other State issues licenses or permits to carry 
concealed firearms, the person may carry a concealed firearm in the 
State under the same restrictions which apply to the carrying of a 
concealed firearm by a person to whom the State has issued such a 
license or permit.
    ``(2) If such other State does not issue licenses or permits to 
carry concealed firearms, the person may not, in the State, carry a 
concealed firearm in a police station, in a public detention facility, 
in a courthouse, in a public polling place, at a meeting of a State, 
county, or municipal governing body, in a school, at a professional or 
school athletic event not related to firearms, in a portion of an 
establishment licensed by the State to dispense alcoholic beverages for 
consumption on the premises, or inside the sterile or passenger area of 
an airport, except to the extent expressly permitted by State law.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by inserting after the item relating to section 926A the 
following:

``926B. National standard for the carrying of certain concealed 
                            firearms by nonresidents.''.

SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT 
              OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF 
              CONCEALED HANDGUNS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 926B, as added by section 1(a) of 
this Act, the following:
``Sec. 926C. Carrying of concealed handguns by qualified current and 
              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 former law enforcement officer 
and who is carrying appropriate written identification of such status 
may carry a concealed handgun.
    ``(b) As used in this section:
            ``(1) The term `qualified law enforcement officer' 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;
                    ``(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 enforcement 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;
                    ``(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.
            ``(3) The term `law enforcement officer' means an 
        individual authorized by law to engage in or supervise the 
        prevention, detection, investigation, or prosecution of any 
        violation of law, and includes corrections, probation, parole, 
        and judicial officers.
            ``(4) The term `appropriate written identification' means, 
        with respect to an individual, a document 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 employee of the 
                agency.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by inserting after the item added by section 1(b) of this Act 
the following:

``926C. Carrying of concealed handguns by qualified current and former 
                            law enforcement officers.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of the enactment of this Act.
                                 <all>