[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 218 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 218

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

Mr. Cunningham (for himself, Ms. Molinari, Mr. Packard, Mr. Hunter, Mr. 
Bilbray, Mrs. Myrick, Mr. Coble, Mr. Frost, Mr. Coburn, Mr. Bryant, Mr. 
 Collins, and Mr. Hall of Texas) 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 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. SHORT TITLE.

    This Act may be cited as the ``Community Protection Act of 1997''.

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 926A the following:
``Sec. 926B. 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; and
                    ``(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; 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.
            ``(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 relating to section 926A the 
following:

``926B. 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.
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