[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3752 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3752

   To amend title 18, United States Code, to improve the provisions 
   relating to the carrying of concealed weapons by law enforcement 
                   officers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2009

  Mr. Forbes introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to improve the provisions 
   relating to the carrying of concealed weapons by law enforcement 
                   officers, and for other purposes.

    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 
Improvements Act of 2009''.

SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF 
              TITLE 18.

    (a) Carrying of Concealed Firearm by Qualified Law Enforcement 
Officer.--Section 926B of title 18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by inserting ``(or 
                apprehension)'' after ``arrest''; and
                    (B) in paragraph (3), by inserting ``which could 
                result in suspension or loss of police powers'' before 
                the semicolon;
            (2) by striking subsection (e) and inserting the following:
    ``(e) As used in this section, the term `firearm' has the same 
meaning as defined in section 921 of this title and is deemed to 
include ammunition the possession of which is not expressly prohibited 
by Federal law, or which are not subject to the provisions of the 
National Firearms Act, but 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); or
            ``(3) any destructive device (as defined in section 921 of 
        this title).''; and
            (3) by adding at the end the following:
    ``(f) For purposes of this section, a law enforcement officer of 
the Amtrak Police Department, a law enforcement officer of the Federal 
Reserve System, and a law enforcement or police officer of the 
executive branch of the Federal Government qualifies as an employee of 
a governmental agency who 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 (or apprehension).''.
    (b) Carrying of Concealed Firearm by Qualified Retired Law 
Enforcement Officer.--Section 926C of title 18, United States Code, is 
amended--
            (1) in subsection (c)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) separated from service in good standing, or was 
        honorably discharged from service, with a public agency as a 
        law enforcement officer;''.
                    (B) in paragraph (2)--
                            (i) by striking ``retirement'' and 
                        inserting ``separation''; and
                            (ii) by inserting ``or apprehension'' after 
                        ``arrest''; and
                    (C) by striking paragraphs (3) through (5) and 
                inserting the following:
            ``(3)(A) before such separation, served as a law 
        enforcement officer for an aggregate of 10 years or more; or
            ``(B) separated from service with the agency, after 
        completing any applicable probationary period of such service, 
        due to a service-connected disability, as determined by the 
        agency;
            ``(4) during the most recent 12-month period, has met, at 
        the expense of the individual, the standards for qualification 
        in firearms training for active law enforcement officers as set 
        by the agency, the State in which the officer resides, or if 
        the State has not established the standards, a law enforcement 
        agency in the State in which the officer resides;
            ``(5)(A) has not been found by a physician, licensed as 
        such under State law, to not be qualified to handle a firearm 
        for reasons related to mental health; and
            ``(B) has not entered into an agreement with the agency, in 
        which the officer acknowledges he is not qualified to handle a 
        firearm for reasons related to mental health;'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``retired'' and inserting 
                        ``separated''; and
                            (ii) by striking ``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'' and inserting ``to 
                        meet the active duty standards for 
                        qualification in firearms training as 
                        established by the agency to carry a firearm of 
                        the same type as the concealed firearm or''; 
                        and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``retired'' and inserting ``separated''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) a certification issued by the State in which 
                the individual resides, or by a certified firearms 
                instructor that is qualified to conduct a firearms 
                qualification test for active duty officers in the 
                State, which indicates that the individual has, not 
                less recently than 1 year before the date the 
                individual is carrying the concealed firearm, been 
                tested or otherwise found by the State or the certified 
                firearms instructor to have met--
                            ``(i) the active duty standards for 
                        qualification in firearms training as 
                        established by the State to carry a firearm of 
                        the same type as the concealed firearm; or
                            ``(ii) if the State has not established 
                        such standards, standards set by a law 
                        enforcement agency in the State to carry a 
                        firearm of the same type as the concealed 
                        firearm.''.
            (3) by striking subsection (e) and inserting the following:
    ``(e) As used in this section, the term `firearm' has the same 
meaning as defined in section 921 of this title and is deemed to 
include ammunition the possession of which is not expressly prohibited 
by Federal law, or which are not subject to the provisions of the 
National Firearms Act, but 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); or
            ``(3) any destructive device (as defined in section 921 of 
        this title).''; and
            (4) by adding at the end the following:
    ``(f) In this section, the term `service with a public agency as a 
law enforcement officer' includes service as a law enforcement officer 
of the Amtrak Police Department, service as a law enforcement officer 
of the Federal Reserve System, service as a law enforcement officer or 
in a primarily law enforcement capacity for a branch of the United 
States Armed Forces, or as a law enforcement or police officer of the 
executive branch of the Federal Government.''.
    (c) Possession of Firearm in a School Zone by Qualified Law 
Enforcement Officer or Qualified Retired Law Enforcement Officer.--
Section 922(q)(2)(B)(vi) of such title is amended by inserting ``, a 
qualified law enforcement officer (as defined in section 926B(c)), or a 
qualified retired law enforcement officer (as defined in section 
926C(c))'' before the semicolon.
                                 <all>