[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2765 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2765

   To allow qualified current or former law enforcement officers to 
        purchase their service weapons, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2019

 Mr. Moolenaar (for himself and Mr. Cuellar) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To allow qualified current or former law enforcement officers to 
        purchase their service weapons, 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 Officer Safety and 
Security Act of 2019''.

SEC. 2. PURCHASE OF SERVICE WEAPONS BY QUALIFIED CURRENT OR FORMER LAW 
              ENFORCEMENT OFFICERS.

    (a) In General.--Except as provided in subsection (b), an agency 
shall offer for sale at fair market value a single, functional firearm, 
which would otherwise be destroyed, to an individual--
            (1) who is--
                    (A) a law enforcement officer employed by and in 
                good standing with such agency; or
                    (B) a former law enforcement officer separated from 
                the employ of such agency for reasons other than 
                misconduct, neglect of duty, or malfeasance; and
            (2) to whom such agency most recently issued such firearm.
    (b) Background Check Required.--
            (1) In general.--An agency may not sell a firearm to an 
        individual under subsection (a) of this section until the 
        national instant criminal background check system established 
        under section 103 of the Brady Handgun Violence Prevention Act 
        (34 U.S.C. 40901) has notified the agency that receipt of a 
        firearm by the individual would not violate subsection (g) or 
        (n) of section 922 of title 18, United States Code, or State 
        law, unless paragraph (1) of section 922(t) of title 18, United 
        States Code, would not apply to the transfer by reason of 
        paragraph (3) of such section 922(t) if the agency were a 
        licensee.
            (2) Communication between a federal agency and nics.--For 
        the purpose of the sale of a firearm under subsection (a) of 
        this section, an agency may contact the national instant 
        criminal background check system in the same manner as a 
        licensee is authorized to contact the system under section 103 
        of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), 
        for information on whether receipt of a firearm by a 
        prospective buyer would violate section 922 of title 18, United 
        States Code, or State law, and the system may respond to such 
        contact as if the agency were a licensee.
    (c) Definitions.--In this Act:
            (1) Agency.--The term ``agency'' has the meaning given such 
        term in section 551 of title 5, United States Code.
            (2) Firearm.--The term ``firearm'' means a pistol or 
        revolver.
            (3) Good standing.--The term ``good standing'' means, with 
        respect to an individual who is a law enforcement officer, that 
        the individual--
                    (A) is not currently the subject of any 
                disciplinary action by the employing agency of such 
                individual, which could result in permanent loss of 
                police powers and removal from such agency; and
                    (B) is not prohibited by Federal law from receiving 
                a firearm.
            (4) Law enforcement officer.--The term ``law enforcement 
        officer'' has the meaning given such term under section 8401 of 
        title 5, United States Code.
            (5) Licensee.--The term ``licensee'' has the meaning given 
        such term in section 103(j)(1) of the Brady Handgun Violence 
        Prevention Act (34 U.S.C. 40901(j)(1)).
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