1.This Act may be cited as the
Law Enforcement Officers Safety Act Improvements Act of
2009
.
2.Amendments to law
enforcement officer safety provisions of title 18
(a)Carrying of
concealed firearm by qualified law enforcement officerSection
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
officerSection 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 officerSection 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.