Short title

This Act may be cited as the

Special Operations Forces Concealed Carry Act

Findings

Congress finds the following: (1)Highly trained special operations personnel who achieved Expert level military marksmanship qualifications have demonstrated proficiency with firearms and a commitment to public service. (2)Their service should be recognized without undermining existing safeguards on firearm possession in sensitive places.

Qualified special operator authority

(a)

In general

Section 926C of title 18, United States Code, is amended— (1)by inserting or a qualified special operator after qualified retired law enforcement officer; and (2)by inserting or, in the case of such a qualified special operator, the identification required by subsection (g) after the identification required by subsection (d). (b)

Special Rules for qualified special operators; definitions

Section 926C of title 18, United States Code, is amended by adding at the end the following:

(g)

Special rules for qualified special operators

(1)

No annual certification

An individual authorized to carry under this section as a qualified special operator shall not be subject to the annual firearms qualification requirement of subsection (d)(2)(B). (2)

Permanent qualification

(A)

In general

The authority under this section is permanent, contingent on— (i)maintaining honorable discharge status, as applicable; (ii)maintaining status as a qualified special operator; and (iii)eligibility under Federal law to possess a firearm. (B)

Immediate termination

The authority under this section shall terminate immediately if the individual fails to meet the criteria under subparagraph (A). (C)

Rule of construction

Nothing in this subsection exempts a qualified special operator from any Federal firearm restriction. (D)

No separate certification

No separate certification of firearms training is required for a qualified special operator. (3)

Identification for qualified veterans

(A)

In general

To be authorized to carry a concealed firearm under this section, a qualified special operator shall carry proof of identity and qualification. Acceptable forms of identification include the following: (i)A photographic identification issued by the Department of Defense or the Department of Veterans Affairs that— (I)identifies the individual as a qualified special operator, and (II)confirms the individual’s status as such. (ii)A valid government issued photographic identification and official documentation of service confirming the individual’s honorable discharge and status as a qualified special operator. (B)

Law enforcement request

An individual authorized to carry as a qualified special operator under this section shall present the identification described in this subsection upon request by law enforcement. (h)

Qualified special operator

For purposes of this section, the term qualified special operator means a current or former military service member with a most recent paygrade of E5–E9, W1–W5 or O1–O10 with a DD–214 or military service record that confirms service in one or more of the following roles: (1) Service in the United States Army Special Forces as— (A) a Special Forces detachment commander; (B) a Special Forces detachment warrant officer; (C) a Special Forces weapons sergeant; (D) an Special Forces engineer sergeant; (E) a Special Forces medical sergeant; (F) a Special Forces communications sergeant; (G) a Special Forces intelligence sergeant; or (H) a Special Forces operations sergeant. (2) Service in the United States Army 75th Ranger Regiment as— (A) an infantry officer; (B) an infantryman; (C) an indirect fire infantryman; (D) an infantry senior sergeant; or (E) a combat medic specialist. (3) Service in the United States Navy SEALs as— (A) an officer qualified in special warfare; or (B) an enlisted member who served as a special warfare operator. (4) Service in the United States Marine Corps as— (A) a scout sniper; (B) a reconnaissance marine; (C) a sniper qualified reconnaissance marine; (D) a parachute and combatant diver qualified reconnaissance marine; (E) a special operations officer; or (F) a critical skills operator. (5) Service in the United States Air Force as— (A) a member who served in combat control; (B) a member who served in pararescue; (C) a member who served in special reconnaissance; (D) a member who served as a tactical air control party airman; or (E) a member who served as a special operations weather technician. (6) Service in the U.S. Army 1st Special Forces Operational Detachment Delta with enlisted skill qualification identifier T.

(c)

Conforming amendments

(1)

Section heading

Section 926C of title 18, United States Code, is amended by inserting and qualified special operators after officers in the section heading. (2)

Table of sections

The table of sections for chapter 44 of title 18, United States Code, is amended by amending the item relating to section 926C to read as follows:

926C. Carrying of concealed firearms by qualified retired law enforcement officers and qualified special operators.

Implementation and authority

(a)

Issuance of identification to veterans

(1)

Identification program

Beginning not later than 180 days after the date of enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly implement a program to issue the photographic identification described in section 926C of title 18, United States Code, to any individual who meets the criteria of a qualified special operator. (2)

Verification

The Secretary of Defense and the Secretary of Veterans Affairs shall ensure that the application process uses the records of each Department to verify honorable discharge and status as a qualified special operator. (b)

Acceptance of proof documents

(1)

Alternate proof

Prior to the expiration of the 180-day period described in subsection (a), the Secretary of Defense and Secretary of Veterans Affairs shall recognize valid service documentation as sufficient proof under section 926C of title 18, United States Code. (2)

Guidance

Not later than 90 days after the date of enactment of this Act, the Attorney General shall provide guidance to law enforcement agencies nationwide to ensure acceptance of the requisite official documentation as proof of authority to carry under Federal law until such time as the photographic identification of the Department of Defense of the Department of Veterans Affairs, as applicable, is made available. (c)

Regulations

The Secretary of Defense and the Secretary of Veterans Affairs are authorized to promulgate regulations and guidance to carry out this Act, and the amendments made by this Act, including the form and process for issuing photographic identification cards, any application procedures, consistent with section 926C of title 18, United States Code, and communication with Federal, State, and local law enforcement agencies regarding implementation.

Effective date

A qualified special operator may exercise the authority to carry a firearm under section 926C of title 18, United States Code, with the valid service documentation described in section 4(b)(1).

Severability

If any provision of this Act, or any amendments made by it, or the application thereof to any person or circumstance, is held invalid or unconstitutional, the remainder of the Act and its amendments, and their application to other persons or circumstances, shall not be affected.

No private right of action

(a)

Rule of construction

Nothing in this Act or the amendments made by this Act shall be construed to create any private right of action or legal claim, including an action or claim against any government agency, officer, or private entity for failure to implement or comply with its terms. (b)

Existing remedies

Any remedy for noncompliance or violation of section 926C of title 18, United States Code, shall be limited to the existing remedies provided under such section or other applicable law.