[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2010 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2010

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 1996

  Mr. Hatch  (for himself, Mr. Santorum,  Mr. Gregg, Mr. Warner, Mr. 
 Simpson, Mr. Thurmond, Mr. D'Amato, and Mr. Faircloth) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to exempt qualified current and 
    former law enforcement officers from State laws prohibiting the 
        carrying of concealed firearms, 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 ``Community Protection Initiative of 
1996''.

SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND 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 new section:

``SEC. 926B. CARRYING OF CONCEALED FIREARMS BY QUALIFIED CURRENT AND 
              FORMER LAW ENFORCEMENT OFFICERS.

    ``(a) In General.--Notwithstanding any provision of the law of any 
State or any political subdivision of a State, an individual may carry 
a concealed firearm if that individual is--
            ``(1) a qualified law enforcement officer or a qualified 
        former law enforcement officer; and
            ``(2) carrying appropriate written identification.
    ``(b) Effect on Other Laws.--
            ``(1) Common carriers.--Nothing in this section shall be 
        construed to exempt from section 46505(b)(1) of title 49, any--
                    ``(A) qualified law enforcement officer who does 
                not meet the requirements of section 46505(d) of title 
                49; or
                    ``(B) qualified former law enforcement officer.
            ``(2) Federal laws.--Nothing in this section shall be 
        construed to supersede or limit any Federal law or regulation 
        prohibiting or restricting the possession of a firearm on any 
        Federal property, installation, building, base, or park.
            ``(3) State laws.--Nothing in this section shall be 
        construed to supersede or limit the laws of any State that--
                    ``(A) grant rights to carry a concealed firearm 
                that are broader than the rights granted under this 
                section;
                    ``(B) permit private persons or entities to 
                prohibit or restrict the possession of concealed 
                firearms on their property; or
                    ``(C) prohibit or restrict the possession of 
                firearms on any State or local government property, 
                installation, building, base, or park.
    ``(c) Definitions.--As used in this section--
            ``(1) the term `appropriate written identification' means, 
        with respect to an individual, a document that--
                    ``(A) was issued to the individual by the public 
                agency with which the individual serves or served as a 
                qualified law enforcement officer; and
                    ``(B) identifies the holder of the document as a 
                current or former officer, agent, or employee of the 
                agency;
            ``(2) the term `qualified law enforcement officer' means an 
        individual authorized by law to engage in or supervise the 
        prevention, detection, or investigation of any violation of 
        criminal law;
            ``(3) the term `qualified former law enforcement officer' 
        means an individual who--
                    ``(A) retired from service with a public agency, 
                other than for reasons of mental disability;
                    ``(B) immediately before such retirement, was a 
                qualified law enforcement officer with that public 
                agency;
                    ``(C) has a nonforfeitable right to benefits under 
                the retirement plan of the agency;
                    ``(D) was not separated from service with a public 
                agency due to a disciplinary action by the agency that 
                prevented the carrying of a firearm;
                    ``(E) meets such requirements as have been 
                established by the State in which the individual 
                resides with respect to--
                            ``(i) training in the use of firearms; and
                            ``(ii) carrying a concealed weapon; and
                    ``(F) is not prohibited by Federal law from 
                receiving a firearm;
            ``(4) 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 a disciplinary action 
                by the agency that prevents the carrying of a firearm; 
                and
                    ``(D) meets such requirements as have been 
                established by the agency with respect to firearms; and
            ``(5) the term `firearm' means any firearm that has, or of 
        which any component has, traveled in interstate or foreign 
        commerce.''.
    (b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, is amended 
by inserting after the item relating to section 926A the following new 
item:

``926B. Carrying of concealed firearms by qualified current and former 
                            law enforcement officers.''.
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