[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Enrolled Bill (ENR)]

        S.1132

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
    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 2010''.
SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF 
TITLE 18.
    (a) In General.--Section 926B of title 18, United States Code, is 
amended--
        (1) in subsection (c)(3), by inserting ``which could result in 
    suspension or loss of police powers'' after ``agency''; and
        (2) by adding at the end the following:
    ``(f) For the purposes of this section, a law enforcement officer 
of the Amtrak Police Department, a law enforcement officer of the 
Federal Reserve, or 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.''.
    (b) Active Law Enforcement Officers.--Section 926B of title 18, 
United States Code is amended by striking subsection (e) and inserting 
the following:
    ``(e) As used in this section, the term `firearm'--
        ``(1) except as provided in this subsection, has the same 
    meaning as in section 921 of this title;
        ``(2) includes ammunition not expressly prohibited by Federal 
    law or subject to the provisions of the National Firearms Act; and
        ``(3) does not include--
            ``(A) any machinegun (as defined in section 5845 of the 
        National Firearms Act);
            ``(B) any firearm silencer (as defined in section 921 of 
        this title); and
            ``(C) any destructive device (as defined in section 921 of 
        this title).''.
    (c) Retired Law Enforcement Officers.--Section 926C of title 18, 
United States Code is amended--
        (1) in subsection (c)--
            (A) in paragraph (1)--
                (i) by striking ``retired'' and inserting ``separated 
            from service''; and
                (ii) by striking ``, other than for reasons of mental 
            instability'';
            (B) in paragraph (2), by striking ``retirement'' and 
        inserting ``separation'';
            (C) in paragraph (3)--
                (i) in subparagraph (A), by striking ``retirement, was 
            regularly employed as a law enforcement officer for an 
            aggregate of 15 years or more'' and inserting ``separation, 
            served as a law enforcement officer for an aggregate of 10 
            years or more''; and
                (ii) in subparagraph (B), by striking ``retired'' and 
            inserting ``separated'';
            (D) by striking paragraph (4) and inserting the following:
        ``(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 
    determined by the former agency of the individual, the State in 
    which the individual resides or, if the State has not established 
    such standards, either a law enforcement agency within the State in 
    which the individual resides or the standards used by a certified 
    firearms instructor that is qualified to conduct a firearms 
    qualification test for active duty officers within that State;''; 
    and
            (E) by striking paragraph (5) and replacing it with the 
        following:
        ``(5)(A) has not been officially found by a qualified medical 
    professional employed by the agency to be unqualified for reasons 
    relating to mental health and as a result of this finding will not 
    be issued the photographic identification as described in 
    subsection (d)(1); or
        ``(B) has not entered into an agreement with the agency from 
    which the individual is separating from service in which that 
    individual acknowledges he or she is not qualified under this 
    section for reasons relating to mental health and for those reasons 
    will not receive or accept the photographic identification as 
    described in subsection (d)(1);'';
        (2) in subsection (d)--
            (A) paragraph (1)--
                (i) by striking ``retired'' and inserting 
            ``separated''; and
                (ii) by striking ``to meet the standards'' and all that 
            follows through ``concealed firearm'' 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'';
            (B) paragraph (2)--
                (i) in subparagraph (A), by striking ``retired'' and 
            inserting ``separated''; and
                (ii) in subparagraph (B), by striking ``that 
            indicates'' and all that follows through the period and 
            inserting ``or by a certified firearms instructor that is 
            qualified to conduct a firearms qualification test for 
            active duty officers within that State that indicates that 
            the individual has, not less than 1 year before the date 
            the individual is carrying the concealed firearm, been 
            tested or otherwise found by the State or a certified 
            firearms instructor that is qualified to conduct a firearms 
            qualification test for active duty officers within that 
            State 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 any law enforcement agency 
                within that State to carry a firearm of the same type 
                as the concealed firearm.''; and

        (3) by striking subsection (e) and inserting the following:
    ``(e) As used in this section--
        ``(1) the term `firearm'--
            ``(A) except as provided in this paragraph, has the same 
        meaning as in section 921 of this title;
            ``(B) includes ammunition not expressly prohibited by 
        Federal law or subject to the provisions of the National 
        Firearms Act; and
            ``(C) does not include--
                ``(i) any machinegun (as defined in section 5845 of the 
            National Firearms Act);
                ``(ii) any firearm silencer (as defined in section 921 
            of this title); and
                ``(iii) any destructive device (as defined in section 
            921 of this title); and
        ``(2) 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, or service as a law enforcement or 
    police officer of the executive branch of the Federal 
    Government.''.

                               Speaker of the House of Representatives.

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