[Congressional Record Volume 143, Number 70 (Friday, May 23, 1997)]
[Senate]
[Pages S5132-S5133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       By Mr. CRAIG:
  S. 816. A bill to amend title 18, United States Code, to provide a 
national standard in accordance with which nonresidents of a State may 
carry certain concealed firearms in the State, and to exempt qualified 
current and former law enforcement officers from State laws prohibiting 
the carrying of concealed handguns; to the Committee on the Judiciary.


            THE PERSONAL SAFETY AND COMMUNITY PROTECTION ACT

  Mr. CRAIG. Mr. President, I rise to introduce the Personal Safety and 
Community Protection Act.
  In recent years, a movement has swept the Nation to enable 
individuals to carry concealed firearms for their protection. Forty-two 
of the fifty States have some right-to-carry permit mechanism in place, 
and they are finding these laws make a significant impact on crime.
  The benefits of right-to-carry laws were verified by a landmark study 
released late last year. Following a comprehensive analysis of annual 
FBI crime statistics from all the Nation's counties, over 15 years, the 
authors concluded:

       [a]llowing citizens to carry concealed weapons deters 
     violent crimes and it appears to produce no increase in 
     accidental death or suicides. If those states who did not 
     have right-to-carry concealed gun provisions had adopted them 
     in 1992, approximately 1,800 murders and over 3,000 rapes 
     would have been avoided yearly . . .

  The primary author of the study, John R. Lott Jr. of the University 
of Chicago Law School, has pointed out that the benefits of concealed-
carry laws are not limited to those who carry the weapons but extend to 
their fellow citizens, as well. The drop in crime is not necessarily 
the result of using firearms in self-defense, but of criminals changing 
their behavior to avoid coming into direct contact with a person who 
might have a gun--which in a concealed-carry State could extend to a 
wide cross-section of the public.
  The legislation I am introducing today builds on the experience of 
the States. It is designed to protect the rights of citizens no matter 
where they may travel in the United States, and to enhance the 
protection of our communities.
  This bill applies to any person holding a valid concealed firearm 
carrying permit or license issued by a State, and who is not prohibited 
from carrying a firearm under Federal law.
  In States that issue concealed carry permits, the individual would be 
able to carry a concealed firearm in accordance with State laws. In 
States that do not have right-to-carry laws, the bill sets a 
reasonable, bright-line Federal standard that would permit carrying 
except in certain designated places, such as police stations; 
courthouses; public polling places; meetings of State, county, or 
municipal governing bodies; schools; passenger areas of airports.
  The second part of the bill provides an exemption for certain 
qualified current and former law enforcement officers, who bear valid 
written identification of their status, from laws prohibiting the 
carrying of concealed firearms. The bill does not override any existing 
training requirements or restrictions on gun ownership or use by 
current or former law enforcement officers. The individuals covered by 
this section of the bill have proven records of responsible, lawful gun 
use in defense of their fellow citizens and communities.
  Again, Mr. President, this portion of the bill takes a practical, 
experience-based approach to self defense and community protection.
  I'm pleased to note that my bill is a companion to H.R. 339, 
introduced in the House of Representatives by Congressman Cliff Stearns 
and cosponsored by more than 40 Members from nearly half the States.
  I urge all my colleagues to join us in protecting the rights of your 
constituents and enhancing the protection of your communities by 
supporting the Personal Safety and Community Protection Act.
  I ask unanimous consent that a copy of the legislation be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S5133]]

                                 S. 816

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

     SECTION 1. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN 
                   CONCEALED FIREARMS BY NONRESIDENTS.

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

     ``Sec. 926B. National standard for the carrying of certain 
       concealed firearms by nonresidents

       ``(a) In General.--Notwithstanding any provision of the law 
     of any State or political subdivision thereof, a person who 
     is not prohibited by Federal law from possessing, 
     transporting, shipping, or receiving a firearm, and who is 
     carrying a valid license or permit that is issued by a State 
     and that permits the person to carry a concealed firearm 
     (other than a machinegun or destructive device), may carry in 
     another State a concealed firearm (other than a machinegun or 
     destructive device) that has been shipped or transported in 
     interstate or foreign commerce, in accordance with subsection 
     (b).
       ``(b) Conditions.--
       ``(1) States issuing concealed weapons permits.--For 
     purposes of subsection (a), if such other State issues 
     licenses or permits to carry concealed firearms, the person 
     may carry a concealed firearm in the State under the same 
     restrictions that apply to the carrying of a concealed 
     firearm by a person to whom the State has issued such a 
     license or permit.
       ``(2) Other states.--For purposes of subsection (a), if 
     such other State does not issue licenses or permits to carry 
     concealed firearms, except to the extent expressly permitted 
     by State law, the person may not, in the State, carry a 
     concealed firearm--
       ``(A) in a police station;
       ``(B) in a public detention facility;
       ``(C) in a courthouse;
       ``(D) in a public polling place;
       ``(E) at a meeting of a State, county, or municipal 
     governing body;
       ``(F) in a school;
       ``(G) at a professional or school athletic event not 
     related to firearms;
       ``(H) in a portion of an establishment licensed by the 
     State to dispense alcoholic beverages for consumption on the 
     premises; or
       ``(I) inside the sterile or passenger area of an 
     airport.''.
       (b) Clerical Amendment.--The analysis for chapter 44 of 
     title 18, United States Code, is amended by inserting after 
     the item relating to section 926A the following:

``926B. National standard for the carrying of certain concealed 
              firearms by nonresidents.''.

     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 926B (as added by 
     section 1(a) of this Act) the following:

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

       ``(a) In General.--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 that status may carry a 
     concealed handgun.
       ``(b) Definitions.--In this section:
       ``(1) Appropriate written identification.--The term 
     `appropriate written identification' means, with respect to 
     an individual, a document which--
       ``(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.
       ``(2) Law enforcement officer.--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.
       ``(3) Qualified former law enforcement officer.--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 firearms; and
       ``(E) is not prohibited by Federal law from receiving a 
     firearm.
       ``(4) Qualified law enforcement officer.--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 firearm in the 
     course of duty;
       ``(C) is not the subject of any disciplinary action by the 
     agency; and
       ``(D) meets such requirements as have been established by 
     the agency with respect to firearms.''.
       (b) Clerical Amendment.--The analysis for chapter 44 of 
     title 18, United States Code, is amended by inserting after 
     the item relating to section 926B (as added by section 1(b) 
     of this Act) the following:

``926C. 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 enactment of 
     this Act.
                                 ______