[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5208 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5208
To amend title 18, United States Code, to provide concealed carry
privileges to qualified special operators.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2026
Mr. Sheehy introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide concealed carry
privileges to qualified special operators.
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 ``Special Operations Forces Concealed
Carry Act''.
SEC. 2. 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.
SEC. 3. QUALIFIED SPECIAL OPERATOR AUTHORITY.
(a) In General.--Section 926C of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by inserting ``or a qualified special
operator'' after ``qualified retired law enforcement
officer''; and
(B) by inserting ``or, in the case of such a
qualified special operator, the identification required
by subsection (g)'' after ``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) Training and certification requirement.--An
individual authorized to carry under this section as a
qualified special operator shall, at the expense of the
individual, meet the active duty standards for qualification in
firearms training, as determined by the State in which the
individual resides, not less recently than 1 year before the
date the individual is carrying the concealed firearm.
``(2) Concealed carry use-of-force training.--As a
prerequisite to carrying under this section, a qualified
special operator shall complete a Concealed Carry Use of Force
in Society training course certified by the Attorney General
covering civilian legal duties, standards of reasonable belief,
and de-escalation techniques relevant to domestic concealed
carry.
``(3) Continuing eligibility.--
``(A) In general.--The authority under this section
shall continue only while the individual--
``(i) maintains an honorable discharge
status, as applicable;
``(ii) maintains status as a qualified
special operator;
``(iii) is not under the influence of
alcohol or another intoxicating or
hallucinatory drug or substance;
``(iv) maintains eligibility under Federal
law to possess a firearm; and
``(v) satisfies the requirements of
paragraphs (1) and (2).
``(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.
``(4) 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 former member of the
United States Armed Forces who attended special operations force
assessment, was screened, evaluated and selected for qualification
training, and was awarded and held a special warfare or special
operations military occupational specialty or skill designator as
defined by United States Special Operations Command.
``(i) Rule of Construction Regarding Navy Special Warfare
Service.--For purposes of records or documentation describing service
in Navy special operations roles, service in the United States Navy
Special Warfare Command includes--
``(1) a commissioned or warrant officer qualified in
special warfare;
``(2) an enlisted member who served as a special warfare
operator;
``(3) a Special Warfare Combatant Craft Crewman Warrant
Officer; and
``(4) an enlisted member who served as a Special Warfare
Combatant Craft Enlisted Sailor.''.
(c) Technical and Conforming Amendments.--
(1) Section heading.--Section 926C of title 18, United
States Code, is amended, in the section heading by inserting
``and qualified special operators'' after ``officers''.
(2) Table of sections.--The table of sections for chapter
44 of title 18, United States Code, is amended by striking the
item relating to section 926C and inserting the following:
``926C. Carrying of concealed firearms by qualified retired law
enforcement officers and qualified special
operators.''.
SEC. 4. 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, at the request of the 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 for the program implemented under paragraph (1) 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.
SEC. 5. 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 remedies provided under such section or other applicable law, as in
effect on the day before the date of enactment of this Act.
SEC. 6. APPLICABILITY.
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).
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
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