[Congressional Record Volume 141, Number 104 (Friday, June 23, 1995)]
[Senate]
[Pages S8997-S8998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 960. A bill to amend title 18, United States Code, to exempt 
qualified current and former law enforcement officers from State laws 
prohibiting the carrying of concealed handguns, and for other purposes; 
to the Committee on the Judiciary.


              THE 1995 COMMUNITY PROTECTION INITIATIVE ACT

 Mr. SANTORUM. Mr. President, today I am introducing the 1995 
Community Protection Initiative Act, a bill

[[Page S8998]]

to aid in the fight against crime in America. This bill exempts 
qualified current and former law enforcement officers from state laws 
prohibiting the carrying of concealed weapons. The effect is to 
increase law enforcement potential by making thousands of highly 
trained law enforcement personnel available to deter crime in emergency 
situations, all at no additional cost to the taxpayer. We will strike a 
strong blow for crime prevention without further burdening the Federal 
budget.
  Further, this bill eliminates jurisdictional limitations and provides 
a clear and uniform rule to replace a complex variety of State and 
local laws. In an increasingly mobile society, it is important to 
eliminate confusion and provide these public servants the opportunity 
to react in a way that protects potential victims of crime throughout 
the country.
  This is a commonsense and cost-effective step in the direction of 
crime control. To do otherwise would be similar to preventing someone 
trained in CPR from assisting a dying person merely because he or she 
was licensed in another jurisdiction. Law enforcement personnel are 
trained to think in a manner that protects lives. We need to allow them 
to act in the same manner by lifting current regulatory burdens.
  This bill takes the precautions necessary to ensure that former and 
retired law enforcement officers have been properly trained in the use 
of firearms, have proper identification, and were in good standing 
during their prior employment. Moreover, the bill allows them to 
protect themselves, their families, and other citizens in need of 
assistance.
  I look forward to enactment of this legislation. I also look forward 
to working with Representative Cunningham from California, who has 
introduced a similar measure in the House of Representatives. Together 
we can bring about a much needed reform and strengthen the crime 
fighting capabilities of our Nation's law enforcement community.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 960

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTON 1. SHORT TITLE.

       This Act may be cited as the ``1995 Community Protection 
     Initiative''.

     SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW 
                   ENFORCEMENT OFFICERS FROM STATE LAWS 
                   PROHIBITING THE CARRYING OF CONCEALED HANDGUNS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926A the 
     following new section:

     ``Sec. 926B. Carrying of concealed handguns by qualified 
       current and former law enforcement officers

       ``(a) Notwithstanding any other provision of the law of any 
     State or any political subdivision thereof, an individual who 
     is a qualified law enforcement officer or a qualified former 
     law enforcement officer and who is carrying appropriate 
     written identification of such status may carry a concealed 
     handgun.
       ``(b) As used in this section--
       ``(1) the term `qualified law enforcement officer' means an 
     officer, agent, or employee of a public agency who--
       ``(A) is a law enforcement officer;
       ``(B) is authorized by the agency to carry a handgun in the 
     course of duty;
       ``(C) is not the subject of a disciplinary action by the 
     agency that prevents the carrying of a handgun; and
       ``(D) meets such requirements as have been established by 
     the agency with respect to handguns;
       ``(2) the term `qualified former law enforcement officer' 
     means an individual who--
       ``(A) retired from service with a public agency as a law 
     enforcement officer, other than for reasons of mental 
     disability;
       ``(B) immediately before such retirement, was a qualified 
     law enforcement officer;
       ``(C) has a nonforfeitable right to benefits under the 
     retirement plan of the agency;
       ``(D) meets such requirements as have been established by 
     the State in which the individual resides with respect to 
     training in the use of handguns; and
       ``(E) is not prohibited by Federal law from receiving a 
     firearm;
       ``(3) the term `law enforcement officer' means an 
     individual authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of any 
     violation of law, and includes corrections, probation, 
     parole, and judicial officers; and
       ``(4) the term `appropriate written identification' means, 
     with respect to an individual, a document that--
       ``(A) was issued to the individual by the public agency 
     with which the individual serves or served as a law 
     enforcement officer; and
       ``(B) identifies the holder of the document as a current or 
     former officer, agent, or employee of the agency.''.
       (b) Clerical Amendment.--The table of sections for such 
     chapter is amended by inserting after the item relating to 
     section 926A the following new item:

``926B. Carrying of concealed handguns by qualified current and former 
              law enforcement officers.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of the enactment of 
     this Act.
                                 ______