[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 442 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 442

 To exempt qualified current and former law enforcement officers from 
State laws prohibiting the carrying of concealed firearms and to allow 
  States to enter into compacts to recognize other States' concealed 
                            weapons permits.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2001

Mr. Campbell (for himself and Mr. Hatch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To exempt qualified current and former law enforcement officers from 
State laws prohibiting the carrying of concealed firearms and to allow 
  States to enter into compacts to recognize other States' concealed 
                            weapons permits.

    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 ``Law Enforcement Protection Act of 
2001''.

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:

``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--
                    ``(A) a qualified law enforcement officer who does 
                not meet the requirements of section 46505(D) of title 
                49; or
                    ``(B) a 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.
            ``(4) Definitions.--In this section:
                    ``(A) Appropriate written identification.--The term 
                `appropriate written identification' means, with 
                respect to an individual, a document that--
                            ``(i) was issued to the individual by the 
                        public agency with which the individual serves 
                        or served as a qualified law enforcement 
                        officer; and
                            ``(ii) identifies the holder of the 
                        document as a current or former officer, agent, 
                        or employee of the agency.
                    ``(B) Firearm.--The term `firearm' means, any 
                firearm that has, or of which any component has, 
                traveled in interstate or foreign commerce.
                    ``(C) Qualified former law enforcement officer.--
                The term `qualified former law enforcement officer' 
                means, an individual who is--
                            ``(i) retired from service with a public 
                        agency, other than for reasons of mental 
                        disability;
                            ``(ii) immediately before such retirement, 
                        was a qualified law enforcement officer with 
                        that public agency;
                            ``(iii) has a nonforfeitable right to 
                        benefits under the retirement plan of the 
                        agency;
                            ``(iv) was not separated from service with 
                        a public agency due to a disciplinary action by 
                        the agency that prevented the carrying of a 
                        firearm;
                            ``(v) meets the requirements 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
                            ``(vi) is not prohibited by Federal law 
                        from receiving a firearm.
                    ``(D) Qualified law enforcement officer.--The term 
                `qualified law enforcement officer' means an individual 
                who--
                            ``(i) is presently authorized by law to 
                        engage in or supervise the prevention, 
                        detection, or investigation of any violation of 
                        criminal law;
                            ``(ii) is authorized by the agency to carry 
                        a firearm in the course of duty;
                            ``(iii) meets any requirements established 
                        by the agency with respect to firearms; and
                            ``(iv) is not the subject of a disciplinary 
                        action by the agency that prevents the carrying 
                        of a firearm.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 44 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 926A the following:

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

SEC. 3. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS.

    (a) In General.--The consent of Congress is given to any 2 or more 
States--
            (1) to enter into compacts or agreements for cooperative 
        effort in enabling individuals to carry concealed weapons as 
        dictated by laws of the State within which the owner of the 
        weapon resides and is authorized to carry a concealed weapon; 
        and
            (2) to establish agencies or guidelines as they may 
        determine to be appropriate for making effective such 
        agreements and compacts.
    (b) Reservation of Rights.--The right to alter, amend, or repeal 
this section is hereby expressly reserved by Congress.
                                 <all>