[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 218 Reported in House (RH)]






                                                 Union Calendar No. 326
108th CONGRESS
  2d Session
                                H. R. 218

                          [Report No. 108-560]

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, 2003

Mr. Cunningham (for himself, Mr. Bartlett of Maryland, Mr. Gibbons, Mr. 
  Jenkins, Mr. Shuster, Mr. McIntyre, Mr. Frank of Massachusetts, Mr. 
Calvert, Mr. Wamp, Mr. Weldon of Pennsylvania, Ms. Ginny Brown-Waite of 
 Florida, Mrs. Maloney, Mr. Shimkus, Mr. Mica, Mr. Shays, Mr. Isakson, 
Mr. Moore, Mr. Crane, Ms. Berkley, Mr. McHugh, Mr. Cramer, Mr. Kleczka, 
  Mrs. Cubin, Mr. McGovern, Mr. Lewis of California, Mr. Hinchey, Mr. 
Stupak, Mr. Hall, Mrs. Jo Ann Davis of Virginia, Mr. Hunter, Mr. Terry, 
Mr. Ryan of Ohio, Mr. Alexander, Mr. Duncan, Mr. Bilirakis, Mr. Baird, 
   Mr. Bishop of Georgia, Mr. Lewis of Kentucky, Mr. Strickland, Mr. 
Holden, Mr. Pomeroy, Mr. Saxton, Mr. Linder, Mr. Rogers of Alabama, Mr. 
 Coble, Mr. Etheridge, Mr. Schiff, Mr. Simmons, Mr. Franks of Arizona, 
 Mr. Walsh, Mr. King of New York, Mrs. Kelly, Mr. Hoeffel, Mr. Buyer, 
Mr. Rehberg, Mr. Hayworth, Mr. Rahall, Mr. Souder, Mr. Green of Texas, 
     Mr. Ryun of Kansas, Mr. Kanjorski, Mr. Forbes, and Mr. Baker) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                             June 22, 2004

 Additional sponsors: Mr. Dingell, Mr. Ney, Mr. Andrews, Mr. Combest, 
   Mrs. Emerson, Mr. LoBiondo, Mr. Lucas of Oklahoma, Mr. Carson of 
Oklahoma, Mr. Skelton, Mr. Pallone, Mr. Pascrell, Mr. Holt, Mr. Ryan of 
   Wisconsin, Mr. Hostettler, Mr. McInnis, Mr. Walden of Oregon, Mr. 
Otter, Mr. Green of Wisconsin, Mr. Miller of Florida, Mr. Fossella, Mr. 
Keller, Mr. Renzi, Mr. Costello, Mr. Sessions, Mr. Sullivan, Mr. Upton, 
Mr. Barton of Texas, Mr. Lucas of Kentucky, Mr. Meehan, Mrs. Johnson of 
    Connecticut, Mr. Cannon, Mr. Blunt, Mr. Weldon of Florida, Mr. 
 Stenholm, Mr. Johnson of Illinois, Mr. Barrett of South Carolina, Mr. 
 Hulshof, Mr. Norwood, Mr. Tiahrt, Mr. Thomas, Ms. Hart, Mr. Jones of 
North Carolina, Mr. LaHood, Mr. Goode, Mr. Schrock, Mr. Wilson of South 
 Carolina, Mr. Hayes, Mr. Weller, Mr. Sandlin, Mr. Quinn, Mrs. Myrick, 
Mrs. Northrup, Mr. Chocola, Mr. Turner of Texas, Mr. Wicker, Mr. Davis 
of Tennessee, Mr. Foley, Mr. Pearce, Mr. Frost, Mr. Gordon, Mr. Cooper, 
Mr. English, Mr. Ramstad, Mr. Bachus, Mr. Gingrey, Mrs. McCarthy of New 
    York, Mr. Burr, Mr. Aderholt, Ms. Corrine Brown of Florida, Mr. 
  Goodlatte, Mr. Pickering, Mr. Gillmor, Mr. Tanner, Mr. Platts, Mrs. 
   Biggert, Mr. Manzullo, Mr. Gutknecht, Mr. Menendez, Mr. Larsen of 
 Washington, Mr. Simpson, Mr. LaTourette, Mr. Bishop of New York, Mr. 
Matheson, Mr. Taylor of Mississippi, Mr. Ford, Mr. Udall of New Mexico, 
   Mr. Toomey, Mr. Porter, Ms. McCarthy of Missouri, Mr. Chabot, Mr. 
Gallegly, Mr. Weiner, Mr. Langevin, Mrs. Bono, Mr. Pence, Mr. Fletcher, 
  Mr. Portman, Mr. Hastings of Florida, Mr. Boswell, Mr. Hastings of 
Washington, Mr. Frelinghuysen, Mr. Royce, Mr. Sweeney, Mr. Vitter, Mr. 
  Crowley, Mr. Murphy, Mrs. Wilson of New Mexico, Mr. Taylor of North 
 Carolina, Mr. Burton of Indiana, Mr. Issa, Mr. John, Mr. DeMint, Mr. 
Doolittle, Mr. Murtha, Mr. Cole, Mr. Smith of New Jersey, Mr. Shaw, Mr. 
Evans, Mr. Feeney, Mr. Cantor, Mr. Whitfield, Mr. Shadegg, Mr. Boucher, 
Mr. Oxley, Mr. Tancredo, Mr. Abercrombie, Mr. Kennedy of Rhode Island, 
Mr. Crenshaw, Mr. Israel, Mr. Herger, Mr. Goss, Mr. Rogers of Michigan, 
Mr. Clay, Mr. Filner, Mr. McKeon, Mr. Kingston, Mr. Davis of Illinois, 
   Mr. Tiberi, Mr. Bonilla, Mr. Boehner, Mr. Hill, Mr. Lipinski, Mr. 
Rogers of Kentucky, Mr. Greenwood, Mr. Hefley, Mr. Ose, Mr. Peterson of 
 Minnesota, Mr. Young of Alaska, Mr. Deal of Georgia, Mr. Latham, Mrs. 
 Capito, Mr. Radanovich, Mr. Istook, Mr. Peterson of Pennsylvania, Mr. 
Stearns, Mr. Thompson of Mississippi, Mr. DeFazio, Mr. Moran of Kansas, 
Mr. Faleomavaega, Mr. Sherman, Mr. McNulty, Mrs. Blackburn, Mr. Petri, 
 Mr. Brown of South Carolina, Mr. Lincoln Diaz-Balart of Florida, Mr. 
 Regula, Ms. Carson of Indiana, Mr. Pitts, Mr. Boozman, Mrs. Miller of 
Michigan, Ms. Pryce of Ohio, Mr. Nethercutt, Mr. McCotter, Mr. Garrett 
    of New Jersey, Mr. Mario Diaz-Balart of Florida, Mr. Levin, Mr. 
 Janklow, Mr. Camp, Mr. Carter, Mr. Baca, Ms. Eshoo, Mr. Lampson, Mr. 
Kildee, Mr. Hoekstra, Mr. Cox, Mr. Burgess, Ms. Harris, Mr. Pombo, Mr. 
    Culberson, Mr. Osborne, Ms. Hooley of Oregon, Mr. Paul, Ms. Ros-
Lehtinen, Ms. Millender-McDonald, Ms. Granger, Mr. Collins, Ms. Loretta 
Sanchez of California, Mr. Nussle, Mr. Bishop of Utah, Mr. Everett, Mr. 
 Gary G. Miller of California, Mr. Hensarling, Mr. Reyes, Mr. Gerlach, 
Mr. Moran of Virginia, Mr. Nunes, Mr. Smith of Washington, Mrs. Capps, 
  Mr. Inslee, Mr. Marshall, Mr. Davis of Alabama, Mr. Jefferson, Mr. 
 Kline, Mr. Kind, Mr. Putnam, Ms. DeLauro, Mr. Reynolds, Mr. Rothman, 
Mr. Brady of Pennsylvania, Mr. Turner of Ohio, Mr. Burns, Mr. Scott of 
Georgia, Mr. Lewis of Georgia, Mr. Gonzalez, Mr. Boehlert, Ms. Majette, 
Ms. Slaughter, Mr. Akin, Ms. Jackson-Lee of Texas, Mr. Miller of North 
 Carolina, Mr. Chandler, Mr. Ruppersberger, Mr. Grijalva, Mr. Deutsch, 
                          and Mr. Blumenauer.

                             June 22, 2004

  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]
[For text of introduced bill, see copy of bill as introduced on January 
                                7, 2003]

_______________________________________________________________________

                                 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 ``Law Enforcement Officers Safety Act 
of 2003''.

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; and
            ``(6) 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.''.
                                                 Union Calendar No. 326

108th CONGRESS

  2d Session

                               H. R. 218

                          [Report No. 108-560]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 22, 2004

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