[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Reported in Senate (RS)]

                                                       Calendar No. 315
111th CONGRESS
  2d Session
                                S. 1132

   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 SENATE OF THE UNITED STATES

                              May 21, 2009

    Mr. Leahy (for himself, Mr. Kyl, Mr. Sessions, and Mr. Conrad) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                             March 11, 2010

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Law Enforcement Officers 
Safety Act Improvements Act of 2009''.</DELETED>

<DELETED>SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 
              PROVISIONS OF TITLE 18.</DELETED>

<DELETED>    (a) In General.--Section 926B of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(f) For the purposes of this section, a law enforcement 
officer of the Amtrak Police Department 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.''.</DELETED>
<DELETED>    (b) Active Law Enforcement Officers.--Section 926B of 
title 18, United States Code is amended by striking subsection (e) and 
inserting the following:</DELETED>
<DELETED>    ``(e) As used in this section, the term `firearm'--
</DELETED>
        <DELETED>    ``(1) except as provided in this subsection, has 
        the same meaning as in section 921 of this title;</DELETED>
        <DELETED>    ``(2) includes ammunition not expressly prohibited 
        by Federal law or subject to the provisions of the National 
        Firearms Act; and</DELETED>
        <DELETED>    ``(3) does not include--</DELETED>
                <DELETED>    ``(A) any machinegun (as defined in 
                section 5845 of the National Firearms Act);</DELETED>
                <DELETED>    ``(B) any firearm silencer (as defined in 
                section 921 of this title); and</DELETED>
                <DELETED>    ``(C) any destructive device (as defined 
                in section 921 of this title).''.</DELETED>
<DELETED>    (c) Retired Law Enforcement Officers.--Section 926C of 
title 18, United States Code is amended--</DELETED>
        <DELETED>    (1) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``retired'' and 
                        inserting ``separated from service''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``, other than 
                        for reasons of mental instability'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                ``retirement'' and inserting ``separation'';</DELETED>
                <DELETED>    (C) in paragraph (3)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``retired'' and inserting 
                        ``separated'';</DELETED>
                <DELETED>    (D) by striking paragraph (4) and 
                inserting the following:</DELETED>
        <DELETED>    ``(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, a law enforcement agency within 
        the State in which the individual resides;''; and</DELETED>
                <DELETED>    (E) by striking paragraph (5) and 
                replacing it with the following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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);'';</DELETED>
        <DELETED>    (2) in subsection (d)--</DELETED>
                <DELETED>    (A) paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``retired'' and 
                        inserting ``separated''; and</DELETED>
                        <DELETED>    (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'';</DELETED>
                <DELETED>    (B) paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``retired'' and inserting 
                        ``separated''; and</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by striking subsection (e) and inserting the 
        following:</DELETED>
<DELETED>    ``(e) As used in this section--</DELETED>
        <DELETED>    ``(1) the term `firearm'--</DELETED>
                <DELETED>    ``(A) except as provided in this 
                paragraph, has the same meaning as in section 921 of 
                this title;</DELETED>
                <DELETED>    ``(B) includes ammunition not expressly 
                prohibited by Federal law or subject to the provisions 
                of the National Firearms Act; and</DELETED>
                <DELETED>    ``(C) does not include--</DELETED>
                        <DELETED>    ``(i) any machinegun (as defined 
                        in section 5845 of the National Firearms 
                        Act);</DELETED>
                        <DELETED>    ``(ii) any firearm silencer (as 
                        defined in section 921 of this title); 
                        and</DELETED>
                        <DELETED>    ``(iii) any destructive device (as 
                        defined in section 921 of this title); 
                        and</DELETED>
        <DELETED>    ``(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, or as a law 
        enforcement or police officer of the executive branch of the 
        Federal Government.''.</DELETED>

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.''.
                                                       Calendar No. 315

111th CONGRESS

  2d Session

                                S. 1132

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 11, 2010

                       Reported with an amendment