[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 218 Enrolled Bill (ENR)]

        H.R.218

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
 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 ``Law Enforcement Officers Safety Act 
of 2004''.

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;
        ``(3) is not the subject of any disciplinary action by the 
    agency;
        ``(4) meets standards, if any, established by the agency which 
    require the employee to regularly qualify in the use of a firearm;
        ``(5) is not under the influence of alcohol or another 
    intoxicating or hallucinatory drug or substance; and
        ``(6) is not prohibited by Federal law from receiving a 
    firearm.
    ``(d) The identification required by this subsection is the 
photographic identification issued by the governmental agency for which 
the individual is employed as a law enforcement officer.
    ``(e) As used in this section, the term `firearm' does not 
include--
        ``(1) any machinegun (as defined in section 5845 of the 
    National Firearms Act);
        ``(2) any firearm silencer (as defined in section 921 of this 
    title); and
        ``(3) any destructive device (as defined in section 921 of this 
    title).''.
    (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 15 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, has met, at the 
    expense of the individual, the State's standards for training and 
    qualification for active law enforcement officers to carry 
    firearms;
        ``(6) is not under the influence of alcohol or another 
    intoxicating or hallucinatory drug or substance; and
        ``(7) is not prohibited by Federal law from receiving a 
    firearm.
    ``(d) The identification required by this subsection is--
        ``(1) a photographic identification issued by the agency from 
    which the individual retired from service as a law enforcement 
    officer that indicates that the individual has, not less recently 
    than one year before the date the individual is carrying the 
    concealed firearm, been tested or otherwise found by the agency to 
    meet the standards established by the agency for training and 
    qualification for active law enforcement officers to carry a 
    firearm of the same type as the concealed firearm; or
        ``(2)(A) a photographic identification issued by the agency 
    from which the individual retired from service as a law enforcement 
    officer; and
        ``(B) a certification issued by the State in which the 
    individual resides that indicates that the individual has, not less 
    recently than one year before the date the individual is carrying 
    the concealed firearm, been tested or otherwise found by the State 
    to meet the standards established by the State for training and 
    qualification for active law enforcement officers to carry a 
    firearm of the same type as the concealed firearm.
    ``(e) As used in this section, the term `firearm' does not 
include--
        ``(1) any machinegun (as defined in section 5845 of the 
    National Firearms Act);
        ``(2) any firearm silencer (as defined in section 921 of this 
    title); and
        ``(3) a destructive device (as defined in section 921 of this 
    title).''.
    (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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.