[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 816 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 816

 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 SENATE OF THE UNITED STATES

                              May 23, 1997

   Mr. Craig 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 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. SHORT TITLE.

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

SEC. 2. 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) In General.--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 who is carrying a valid license or permit that is issued 
by a State and that 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, in accordance with subsection (b).
    ``(b) Conditions.--
            ``(1) States issuing concealed weapons permits.--For 
        purposes of subsection (a), 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 that 
        apply to the carrying of a concealed firearm by a person to 
        whom the State has issued such a license or permit.
            ``(2) Other states.--For purposes of subsection (a), if 
        such other State does not issue licenses or permits to carry 
        concealed firearms, except to the extent expressly permitted by 
        State law, the person may not, in the State, carry a concealed 
        firearm--
                    ``(A) in a police station;
                    ``(B) in a public detention facility;
                    ``(C) in a courthouse;
                    ``(D) in a public polling place;
                    ``(E) at a meeting of a State, county, or municipal 
                governing body;
                    ``(F) in a school;
                    ``(G) at a professional or school athletic event 
                not related to firearms;
                    ``(H) in a portion of an establishment licensed by 
                the State to dispense alcoholic beverages for 
                consumption on the premises; or
                    ``(I) inside the sterile or passenger area of an 
                airport.''.
    (b) Clerical Amendment.--The analysis for chapter 44 of title 18, 
United States Code, 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. 3. 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) In General.--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 that status may carry a concealed handgun.
    ``(b) Definitions.--In this section:
            ``(1) Appropriate written identification.--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.
            ``(2) Law enforcement officer.--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.
            ``(3) Qualified former law enforcement officer.--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.
            ``(4) Qualified law enforcement officer.--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.''.
    (b) Clerical Amendment.--The analysis for chapter 44 of title 18, 
United States Code, is amended by inserting after the item relating to 
section 926B (as 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 enactment of this Act.
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