[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4445 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4445

 To establish appropriate rules for prosecutors and Federal judges to 
                       carry a concealed firearm.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2020

Mr. Cotton (for himself, Mrs. Loeffler, and Mrs. Blackburn) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish appropriate rules for prosecutors and Federal judges to 
                       carry a concealed firearm.

    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 ``Protect Our Prosecutors and Judges 
Act of 2020''.

SEC. 2. AUTHORITY TO CARRY A CONCEALED FIREARM FOR PROSECUTORS AND 
              FEDERAL JUDGES.

    (a) Current Prosecutors and Federal Judges.--Section 926B of title 
18, United States Code, is amended--
            (1) in the section heading, by inserting ``, qualified 
        prosecutors, and qualified Federal judges'' after ``qualified 
        law enforcement officers'';
            (2) in subsection (a)--
                    (A) by inserting ``, a qualified prosecutor, or a 
                qualified Federal judge'' after ``qualified law 
                enforcement officer''; and
                    (B) by striking ``subsection (d)'' and inserting 
                ``subsection (c)'';
            (3) by striking subsections (c), (d), and (e) and inserting 
        the following:
    ``(c) The identification required by this subsection is--
            ``(1) with respect to a qualified law enforcement officer, 
        the photographic identification issued by the governmental 
        agency for which the individual is employed that identifies the 
        employee as a police officer or law enforcement officer of the 
        agency;
            ``(2) with respect to a qualified prosecutor--
                    ``(A) the photographic identification issued by the 
                governmental agency by which the individual is employed 
                that identifies the employee as a prosecutor of the 
                agency; and
                    ``(B) a certification--
                            ``(i) if agency employing the qualified 
                        prosecutor has authorized the qualified 
                        prosecutor to carry a firearm, that indicates 
                        that the qualified prosecutor has been tested 
                        or otherwise found by the agency 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
                            ``(ii) if the agency employing the 
                        qualified prosecutor has not authorized the 
                        qualified prosecutor to carry a firearm, issued 
                        by the State in which the qualified prosecutor 
                        resides 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 
                        qualified prosecutor has been tested or 
                        otherwise found by the State or 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) with respect to a qualified Federal judge--
                    ``(A) photographic identification issued by the 
                Federal Government that identifies the individual as a 
                Federal judge; and
                    ``(B) a certification issued by the State in which 
                the Federal judge resides 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 been 
                tested or otherwise found by the State or 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.'';
            (4) by redesignating subsection (f) as subsection (d); and
            (5) by adding at the end 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);
            ``(2) the term `qualified Federal judge' means an 
        individual who--
                    ``(A) is serving in a position as a judge that is 
                established under article I, III, or IV of the 
                Constitution of the United States;
                    ``(B) is not the subject of a pending impeachment 
                inquiry or trial;
                    ``(C) is not under the influence of alcohol or 
                another intoxicating or hallucinatory drug or 
                substance; and
                    ``(D) is not prohibited by Federal law from 
                receiving a firearm;
            ``(3) the term `qualified law enforcement officer' means an 
        employee of a governmental agency who--
                    ``(A) 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 under section 807(b) of title 
                10, United States Code (article 7(b) of the Uniform 
                Code of Military Justice);
                    ``(B) is authorized by the agency to carry a 
                firearm;
                    ``(C) is not the subject of any disciplinary action 
                by the agency which could result in suspension or loss 
                of police powers;
                    ``(D) meets standards, if any, established by the 
                agency which require the employee to regularly qualify 
                in the use of a firearm;
                    ``(E) is not under the influence of alcohol or 
                another intoxicating or hallucinatory drug or 
                substance; and
                    ``(F) is not prohibited by Federal law from 
                receiving a firearm; and
            ``(4) the term `qualified prosecutor' means an individual 
        who--
                    ``(A) is a full-time employee of an agency of the 
                Federal Government or a State or unit of local 
                government who--
                            ``(i) is continually licensed to practice 
                        law; and
                            ``(ii) prosecutes criminal or juvenile 
                        delinquency cases at the Federal, State, or 
                        local level (including supervision, education, 
                        or training of other persons prosecuting such 
                        cases);
                    ``(B) is not the subject of any disciplinary action 
                by the agency which could result in suspension;
                    ``(C) meets standards, if any, established by the 
                agency which require the employee to regularly qualify 
                in the use of a firearm;
                    ``(D) is not under the influence of alcohol or 
                another intoxicating or hallucinatory drug or 
                substance; and
                    ``(E) is not prohibited by Federal law from 
                receiving a firearm.''.
    (b) Retired Prosecutors and Federal Judges.--Section 926C of title 
18, United States Code, is amended--
            (1) in the section heading, by inserting ``, qualified 
        retired prosecutors, and qualified retired Federal judges'' 
        after ``qualified retired law enforcement officers'';
            (2) in subsection (a)--
                    (A) by inserting ``, a qualified retired 
                prosecutor, or a qualified Federal judge'' after 
                ``qualified law enforcement officer''; and
                    (B) by striking ``subsection (d)'' and inserting 
                ``subsection (c)''; and
            (3) by striking subsections (c), (d), and (e) and inserting 
        the following:
    ``(c) The identification required by this subsection is--
            ``(1) with respect to a qualified retired law enforcement 
        officer--
                    ``(A) a photographic identification issued by the 
                agency from which the individual separated from service 
                as a law enforcement officer that identifies the person 
                as having been employed as a police officer or law 
                enforcement officer and 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 agency 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
                    ``(B)(i) a photographic identification issued by 
                the agency from which the individual separated from 
                service as a law enforcement officer that identifies 
                the person as having been employed as a police officer 
                or law enforcement officer; and
                    ``(ii) 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 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 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;
            ``(2) with respect to a qualified retired prosecutor--
                    ``(A) the photographic identification issued by the 
                governmental agency by which the individual was 
                employed that identifies the individual as a former 
                prosecutor of the agency; and
                    ``(B) a certification issued by the State in which 
                the qualified retired prosecutor resides 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 
                qualified retired prosecutor has, not less than 1 year 
                before the date the qualified retired prosecutor is 
                carrying the concealed firearm, been tested or 
                otherwise found by the State or 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) with respect to a qualified retired Federal judge--
                    ``(A) photographic identification issued by the 
                Federal Government that identifies the individual as a 
                former Federal judge; and
                    ``(B) a certification issued by the State in which 
                the Federal judge resides 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 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.
    ``(d) 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);
            ``(2) the term `qualified retired Federal judge' means an 
        individual who--
                    ``(A) separated from service in good standing from 
                service in a position as a judge that was established 
                under article I, III, or IV of the Constitution of the 
                United States;
                    ``(B)(i) has not been officially found by a 
                qualified medical professional employed by the Federal 
                Government 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 (c)(3); and
                    ``(ii) has not entered into an agreement with the 
                Federal Government 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 
                (c)(3);
                    ``(C) 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 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;
                    ``(D) is not under the influence of alcohol or 
                another intoxicating or hallucinatory drug or 
                substance; and
                    ``(E) is not prohibited by Federal law from 
                receiving a firearm;
            ``(3) the term `qualified retired law enforcement officer' 
        means an individual who--
                    ``(A) separated from service in good standing from 
                service with a public agency as a law enforcement 
                officer;
                    ``(B) before such separation, was 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 had 
                statutory powers of arrest or apprehension under 
                section 807(b) of title 10, United States Code (article 
                7(b) of the Uniform Code of Military Justice);
                    ``(C)(i) before such separation, served as a law 
                enforcement officer for an aggregate of 10 years or 
                more; or
                    ``(ii) separated from service with such agency, 
                after completing any applicable probationary period of 
                such service, due to a service-connected disability, as 
                determined by such agency;
                    ``(D) 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;
                    ``(E)(i) 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 
                (c)(1); or
                    ``(ii) 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 (c)(1);
                    ``(F) is not under the influence of alcohol or 
                another intoxicating or hallucinatory drug or 
                substance; and
                    ``(G) is not prohibited by Federal law from 
                receiving a firearm; and
            ``(4) the term `qualified retired prosecutor' means an 
        individual who--
                    ``(A) separated from service in good standing from 
                service as a full-time employee of an agency of the 
                Federal Government or a State or unit of local 
                government who--
                            ``(i) during such service was continually 
                        licensed to practice law; and
                            ``(ii) prosecuted criminal or juvenile 
                        delinquency cases at the Federal, State, or 
                        local level (including supervision, education, 
                        or training of other persons prosecuting such 
                        cases);
                    ``(B) before such separation, served as described 
                in subparagraph (A) for an aggregate of 10 years or 
                more;
                    ``(C)(i) 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 
                (c)(2); and
                    ``(ii) has not entered into an agreement with the 
                agency 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 (c)(2);
                    ``(D) 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;
                    ``(E) is not under the influence of alcohol or 
                another intoxicating or hallucinatory drug or 
                substance; and
                    ``(F) is not prohibited by Federal law from 
                receiving a firearm.''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 44 of title 18, United States Code, is amended by striking the 
items relating to sections 926B and 926C and inserting the following:

``926B. Carrying of concealed firearms by qualified law enforcement 
                            officers, qualified prosecutors, and 
                            qualified Federal judges.
``926C. Carrying of concealed firearms by qualified retired law 
                            enforcement officers, qualified retired 
                            prosecutors, and qualified retired Federal 
                            judges.''.
    (d) Regulations.--The Attorney General and the Director of the 
Administrative Office of United States Courts may promulgate such 
regulations as are necessary to carry out the amendments made by this 
section.
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