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






                                                 Union Calendar No. 460
105th CONGRESS
  2d Session
                                H. R. 218

                          [Report No. 105-819]

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

                            October 14, 1998

Additional sponsors: Mr. Bartlett of Maryland, Mr. Portman, Mr. Saxton, 
   Mr. McKeon, Mr. Gillmor, Mr. Stump, Mr. Bliley, Mr. Lipinski, Mr. 
 Cramer, Mr. Hastings of Washington, Mr. Duncan, Mr. Cook, Mr. Barcia, 
Mr. Baker, Mr. Foley, Mr. Fox of Pennsylvania, Mr. Young of Alaska, Mr. 
  LaTourette, Mr. Hayworth, Mrs. Emerson, Mr. Weller, Mrs. Kelly, Mr. 
  Wise, Mr. Rahall, Mr. Ney, Mr. Kleczka, Mr. Norwood, Mr. Royce, Mr. 
   Doolittle, Mr. Holden, Mr. Bonilla, Mr. Andrews, Mr. Smith of New 
  Jersey, Mr. Goode, Ms. Danner, Mr. Linder, Mr. Quinn, Mr. Watts of 
Oklahoma, Mr. Forbes, Mrs. Thurman, Mr. Lucas of Oklahoma, Mr. Barr of 
 Georgia, Mr. McIntyre, Mr. Hulshof, Mr. Solomon, Mr. Thornberry, Mr. 
King, Mr. Ensign, Mr. Poshard, Mr. Turner, Mr. Gallegly, Mr. Traficant, 
 Mr. Weldon of Pennsylvania, Mr. Peterson of Pennsylvania, Mr. Barrett 
  of Nebraska, Mr. Wamp, Mr. Kingston, Mr. Chambliss, Mr. English of 
 Pennsylvania, Mr. Taylor of North Carolina, Mr. Lewis of California, 
      Mr. Dan Schaefer of Colorado, Mr. Sessions, Mr. Herger, Mr. 
    Scarborough, Mr. Goodlatte, Mr. Goss, Mr. Stearns, Mr. Lewis of 
Kentucky, Mr. Calvert, Mr. Gordon, Mr. Pombo, Mr. Hilleary, Mr. Weldon 
of Florida, Mr. Christensen, Mr. Tiahrt, Mr. Paul, Mr. Strickland, Mr. 
    Pappas, Mr. Riggs, Mr. Adam Smith of Washington, Mr. Green, Mr. 
Pickering, Mr. Mascara, Mr. Thompson, Mr. Clement, Mr. Upton, Mr. Hall 
 of Ohio, Ms. Dunn, Ms. Granger, Mr. Sherman, Mr. Talent, Mrs. Fowler, 
 Mr. Skeen, Mr. Aderholt, Mr. Camp, Mr. Doyle, Mr. Crane, Mr. Ehrlich, 
  Mr. Neumann, Mr. Dickey, Mr. Sununu, Mr. Salmon, Mr. Bilirakis, Mr. 
Hostettler, Mr. Blunt, Ms. Pryce of Ohio, Mr. Inglis of South Carolina, 
 Mr. Spence, Mr. McIntosh, Mr. Pickett, Mr. Jones, Mr. Bishop, and Mr. 
                                 Gilman
Deleted sponsor: Mr. Bilbray (added January 7, 1997; deleted September 
                               10, 1998)

                            October 14, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Community Protection Act of 
1997''.</DELETED>

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

<DELETED>    (a) In General.--Chapter 44 of title 18, United States 
Code, is amended by inserting after section 926A the 
following:</DELETED>
<DELETED>``Sec. 926B. Carrying of concealed handguns by qualified 
              current and former law enforcement officers</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) As used in this section:</DELETED>
        <DELETED>    ``(1) The term `qualified law enforcement officer' 
        means an officer, agent, or employee of a public agency who--
        </DELETED>
                <DELETED>    ``(A) is a law enforcement 
                officer;</DELETED>
                <DELETED>    ``(B) is authorized by the agency to carry 
                a firearm in the course of duty; and</DELETED>
                <DELETED>    ``(C) is not the subject of any 
                disciplinary action by the agency; and</DELETED>
                <DELETED>    ``(D) meets such requirements as have been 
                established by the agency with respect to 
                firearms.</DELETED>
        <DELETED>    ``(2) The term `qualified former law enforcement 
        officer' means an individual who--</DELETED>
                <DELETED>    ``(A) retired from service with a public 
                agency as a law enforcement officer, other than for 
                reasons of mental disability; and</DELETED>
                <DELETED>    ``(B) immediately before such retirement, 
                was a qualified law enforcement officer;</DELETED>
                <DELETED>    ``(C) has a nonforfeitable right to 
                benefits under the retirement plan of the 
                agency;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) is not prohibited by Federal law 
                from receiving a firearm.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) The term `appropriate written 
        identification' means, with respect to an individual, a 
        document which--</DELETED>
                <DELETED>    ``(A) was issued to the individual by the 
                public agency with which the individual serves or 
                served as a law enforcement officer; and</DELETED>
                <DELETED>    ``(B) identifies the holder of the 
                document as a current or former officer, agent, or 
                employee of the agency.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections for such 
chapter is amended by inserting after the item relating to section 926A 
the following:</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Protection Act of 1998''.

SEC. 2. EXEMPTION OF QUALIFIED 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 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 and who is carrying the identification required 
by subsection (d) may carry a concealed firearm that has been shipped 
or transported in interstate or foreign commerce, subject to subsection 
(b).
    ``(b) This section shall not be construed to supersede or limit the 
laws of any State that--
            ``(1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
            ``(2) prohibit or restrict the possession of firearms on 
        any State or local government property, installation, building, 
        base, or park.
    ``(c) As used in this section, the term `qualified law enforcement 
officer' means an employee of a governmental agency who--
            ``(1) 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;
            ``(2) is authorized by the agency to carry a firearm at all 
        times;
            ``(3) is not the subject of any disciplinary action by the 
        agency; and
            ``(4) meets standards, if any, established by the agency 
        which require the employee to regularly qualify in the use of a 
        firearm.
    ``(d) The identification required by this subsection is the 
official badge and photographic identification issued by the 
governmental agency for which the individual is employed as a law 
enforcement officer.''.
    (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 law enforcement 
                            officers.''.

SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM 
              STATE LAWS PROHIBITING THE CARRYING OF CONCEALED 
              FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
further amended by inserting after section 926B the following:
``Sec. 926C. Carrying of concealed firearms by qualified retired 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 
retired law enforcement officer and who is carrying the identification 
required by subsection (d) may carry a concealed firearm that has been 
shipped or transported in interstate or foreign commerce, subject to 
subsection (b).
    ``(b) This section shall not be construed to supersede or limit the 
laws of any State that--
            ``(1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
            ``(2) prohibit or restrict the possession of firearms on 
        any State or local government property, installation, building, 
        base, or park.
    ``(c) As used in this section, the term `qualified retired law 
enforcement officer' means an individual who--
            ``(1) retired in good standing from service with a public 
        agency as a law enforcement officer, other than for reasons of 
        mental instability;
            ``(2) before such retirement, was 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 had statutory powers of 
        arrest;
            ``(3)(A) before such retirement, was regularly employed as 
        a law enforcement officer for an aggregate of 5 years or more; 
        or
            ``(B) retired from service with such agency, after 
        completing any applicable probationary period of such service, 
        due to a service-connected disability, as determined by such 
        agency;
            ``(4) has a nonforfeitable right to benefits under the 
        retirement plan of the agency;
            ``(5) during the most recent 12-month period or, if the 
        agency requires active duty officers to do so with lesser 
        frequency than every 12 months, during such most recent period 
        as the agency requires with respect to active duty officers, 
        has completed, at the expense of the individual, a program 
        approved by the State for training or qualification in the use 
        of firearms; and
            ``(6) is not prohibited by Federal law from receiving a 
        firearm.
    ``(d) The identification required by this subsection is 
photographic identification issued by the State in which the agency for 
which the individual was employed as a law enforcement officer is 
located.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
further amended by inserting after the item relating to section 926B 
the following:

``926C. Carrying of concealed firearms by qualified retired law 
                            enforcement officers.''.

SEC. 4. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED 
              FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
further amended by inserting after section 926C the following:
``Sec. 926D. National standard for the carrying of certain concealed 
              firearms
    ``(a)(1) Notwithstanding any residency requirement imposed by or 
under State law, a person who is not a resident of a State may carry a 
concealed firearm in the State, subject to the other laws of the State, 
if--
            ``(A) the person is not prohibited by Federal law from 
        possessing, transporting, shipping, or receiving a firearm;
            ``(B) the firearm has been shipped or transported in 
        interstate or foreign commerce;
            ``(C) the person is carrying a valid license or permit 
        which--
                    ``(i) is issued by a State designated under 
                subsection (b) as a Class I State or a Class II State; 
                and
                    ``(ii) permits the person to carry a concealed 
                firearm in such Class I or Class II State; and
            ``(D)(i) the State is designated under subsection (b) as a 
        Class I State; or
            ``(ii) the State is designated under subsection (b) as a 
        Class II State, and has transmitted to the Attorney General a 
        declaration, not subsequently withdrawn or rescinded, by the 
        Governor or other chief executive officer of the State, that, 
        for purposes of this section--
                    ``(I) the State will treat a permit which meets the 
                requirements of subparagraph (C) as if the permit were 
                issued by the State; and
                    ``(II) such officer is not prohibited by State law 
                from making such a declaration.
    ``(2) Within 7 days after the Attorney General receives a 
declaration described in paragraph (1)(D)(ii), or a revocation of such 
a declaration, the Attorney General shall publish in the Federal 
Register a notice advising the public of the terms and effective date 
of the declaration or revocation for purposes of this section.
    ``(b)(1) Not later than 90 days after the date of the enactment of 
this section, the Attorney General shall--
            ``(A) designate a State as a Class I State if the State is 
        required to issue a license or permit to carry a concealed 
        firearm to any person who meets criteria established in law or 
        regulation, or if the meeting of such criteria by a person is 
        sufficient to permit the person to carry a concealed firearm; 
        and
            ``(B) designate a State as a Class II State if the State is 
        authorized but not required to issue a license or permit to 
        carry a concealed firearm to any person who meets criteria 
        established in law or regulation.
    ``(2)(A) On authorization of the legislature of a State, the chief 
executive officer of the State may transmit to the Attorney General 
notice that, as a result of a change in State law, the designation in 
effect with respect to the State under this subsection is no longer 
clearly warranted.
    ``(B)(i) Within 7 days after being informed of any change in law 
which warrants the redesignation of a State under this subsection, the 
Attorney General shall redesignate the State, as appropriate, and 
publish notice of the redesignation in the Federal Register.
    ``(ii) For purposes of this section, a redesignation shall take 
effect upon publication under clause (i) of notice of the 
redesignation.
    ``(c) The Attorney General shall commence an ongoing and regular 
compilation of all State laws, and where applicable, Federal laws, 
relating to the lawful carrying of concealed firearms by private 
citizens, and publish on an annual basis the same for use by the 
public.
    ``(d) As used in this section:
            ``(1) The term `State' means any State, district, 
        commonwealth, or territory of the United States.
            ``(2) The term `Attorney General' means the Attorney 
        General of the United States.
            ``(3) The term `concealed firearm' does not include a 
        machine gun or destructive device.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
further amended by inserting after the item relating to section 926C 
the following:

``926D. National standard for the carrying of certain concealed 
                            firearms.''.




                                                 Union Calendar No. 460

105th CONGRESS

  2d Session

                               H. R. 218

                          [Report No. 105-819]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 14, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed