[House Report 118-502]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-502
======================================================================
LEOSA REFORM ACT OF 2024
_______
May 14, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 354]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 354) to amend title 18, United States Code, to
improve the Law Enforcement Officer Safety Act and provisions
relating to the carrying of concealed weapons by law
enforcement officers, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 5
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 9
New Budget Authority and Tax Expenditures........................ 9
Congressional Budget Office Cost Estimate........................ 9
Committee Estimate of Budgetary Effects.......................... 9
Duplication of Federal Programs.................................. 9
Performance Goals and Objectives................................. 9
Advisory on Earmarks............................................. 10
Federal Mandates Statement....................................... 10
Advisory Committee Statement..................................... 10
Applicability to Legislative Branch.............................. 10
Section-by-Section Analysis...................................... 10
Changes in Existing Law Made by the Bill, as Reported............ 11
Dissenting Views................................................. 35
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``LEOSA Reform Act of 2024''.
SEC. 2. CONFORMING THE LAW ENFORCEMENT OFFICER SAFETY ACT AND THE GUN-
FREE SCHOOL ZONES ACT OF 1990.
Section 922(q)(2)(B) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (vi);
(2) by striking the period at the end of clause (vii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(viii) by an individual authorized by section 926B or 926C
to carry a concealed firearm.''.
SEC. 3. MAKING IMPROVEMENTS TO THE LAW ENFORCEMENT OFFICER SAFETY ACT.
(a) Each of sections 926B(a) and 926C(a) of title 18, United States
Code, is amended by inserting ``or any other provision of Federal law,
or any regulation prescribed by the Secretary of the Interior
pertaining to a unit of the National Park System'' after ``thereof''.
(b) Each of sections 926B(b) and 926C(b) of such title are amended--
(1) in paragraph (1), by inserting ``, except to the extent
that the laws apply on property used by a common or contract
carrier to transport people or property by land, rail, or water
or on property open to the public (whether or not a fee is
charged to enter the property)'' before the semicolon; and
(2) in paragraph (2), by inserting ``, except to the extent
that the laws apply on property used by a common or contract
carrier to transport people or property by land, rail, or water
or on property open to the public (whether or not a fee is
charged to enter the property)'' before the period.
(c) Each of sections 926B(e)(2) and 926C(e)(1)(B) of such title is
amended by inserting ``any magazine and'' after ``includes''.
(d) Section 926C(c)(4) of such title is amended to read as follows:
``(4) has met the standards for qualification in firearms
training during the most recent period of 12 months (or, at the
option of the State in which the individual resides, a greater
number of months, not exceeding 36 months), and for purposes of
this paragraph, the term `standards for qualification in
firearms training' means--
``(A) the standards for active duty law enforcement
officers as established by the former agency of the
individual;
``(B) the standards for active duty law enforcement
officers as established by the State in which the
individual resides;
``(C) the standards for active duty law enforcement
officers employed by any law enforcement agency in the
State in which the individual resides; or
``(D) any standard for active duty law enforcement
officers for firearms qualification conducted by any
certified firearms instructor within the State in which
the individual resides;''.
(e) Section 926C(d) of such title is amended--
(1) in paragraph (1), by striking ``not less recently than
one 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'' and inserting
``met the standards for qualification in firearms training
required by subsection (c)(4) for''; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) a certification issued by the former agency of the
individual, the State in which the individual resides, any law
enforcement agency within the State in which the individual
resides, or any certified firearms instructor within the State
in which the individual resides that indicates that the
individual has met the standards for qualification in firearms
training required by subsection (c)(4).''.
SEC. 4. PERMITTING QUALIFIED CURRENT AND RETIRED LAW ENFORCEMENT
OFFICERS TO CARRY FIREARMS IN CERTAIN FEDERAL
FACILITIES.
Section 930 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) the possession of a firearm or ammunition in a Facility
Security Level I or II civilian public access facility by a
qualified law enforcement officer (as defined in section
926B(c)) or a qualified retired law enforcement officer (as
defined in section 926C(c)).''; and
(2) in subsection (g), by adding at the end the following:
``(4) The term `Facility Security Level' means a security
risk assessment level assigned to a Federal facility by the
security agency of the facility in accordance with the
biannually issued Interagency Security Committee Standard.
``(5) The term `civilian public access facility' means a
facility open to the general public.''.
Purpose and Summary
H.R. 354, the LEOSA Reform Act, introduced by Rep. Don
Bacon (R-NE), would allow qualified active and retired law
enforcement officers to carry concealed firearms and ammunition
in school zones, national parks, private property that is open
to the public, and in some federal facilities that are open to
the public. The bill also reduces the frequency with which
retired law enforcement officers are required to meet certain
qualification standards.
Background and Need for the Legislation
In 2004, President George W. Bush signed the Law
Enforcement Officers' Safety Act (LEOSA) into law.\1\ The
purpose of LEOSA is to exempt qualified active and retired law
enforcement officers carrying a LEOSA photographic
identification card from local and state prohibitions on the
carrying of concealed firearms, with certain restrictions and
exceptions.\2\ LEOSA was amended by the Law Enforcement
Officers' Safety Act Improvement Act of 2010 and the National
Defense Authorization Act of 2013.\3\ These amendments
clarified who can qualify as a law enforcement officer under
LEOSA and also made minor changes to the certification
requirements for qualified retired law enforcement officers.\4\
For example, the LEOSA Improvements Act of 2010 reduced the
number of years of service needed for a retired law enforcement
officer to be qualified under LEOSA from 15 to 10 years.\5\
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\1\Law Enforcement Officer Safety Act, Pub. L. 108-277 (2004).
\2\Id.; 18 U.S.C. Sec. 926(B)-(C).
\3\Law Enforcement Officers' Safety Act Improvements Act, Pub. L.
111-272 (2010); National Defense Authorization Act, Pub. L. 112-239
(2013); National Fraternal Order of Police, Law Enforcement Officers'
Safety Act FAQ, https://files.fop.net/wp-content/uploads/2021/03/leosa-
faq.pdf (last visited Apr. 25, 2024).
\4\Id.
\5\Id.
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LEOSA preempts state and local laws with two important
exceptions. LEOSA does not supersede or limit state laws that
``permit private persons or entities to prohibit or restrict
the possession of concealed firearms on their property,''\6\
such as bars, amusement parks, and clubs.\7\ Additionally,
LEOSA does not supersede or limit state laws that ``prohibit or
restrict the possession of firearms on any state or local
government property, installation, building, base, or
park.''\8\
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\6\Id.
\7\Id.
\8\Id.
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Qualified Active or Retired Law Enforcement Officer
In order to have the right to carry a concealed firearm
under LEOSA, a person must be either a ``qualified active law
enforcement officer'' or a ``qualified retired law enforcement
officer.'' LEOSA defines a ``qualified active law enforcement
officer'' as an employee of a governmental agency who: (1) is
authorized by law to engage in or supervise the prevention,
detection, investigation, prosecution or the incarceration of
any person for any violation of law; (2) has statutory powers
of arrest or apprehension under the Uniform Code of Military
Justice (UCMJ); (3) is authorized by the agency to carry a
firearm; (4) is not the subject of any disciplinary action by
the agency which could result in suspension or loss of police
powers; (5) meets the standards, if any, established by the
agency which require the employee to regularly qualify in the
use of a firearm; (6) is not under the influence of alcohol or
another intoxicating or hallucinatory drug or substance; and
(7) is not prohibited by Federal law from possessing a
firearm.\9\
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\9\Id.; 18 U.S.C. Sec. 926(B).
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LEOSA defines a ``qualified retired law enforcement
officer'' as an individual who: (1) separated from service in
good standing from a public agency as a law enforcement
officer; (2) was authorized by law to engage in or supervise
the prevention, detection, investigation, prosecution or the
incarceration of any person for any violation of law; (3)
served as a law enforcement officer for an aggregate of 10
years or more or was separated from service due a service-
connected disability; (4) in the past 12 months has met the
standards for qualification in firearms training for active law
enforcement officers as determined by the former agency of the
individual or 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 qualified to conduct a firearms qualification test
for active duty LEOs within that state; (5) has not been
officially found by a qualified medical professional employed
by the agency to be unqualified for reasons relating to mental
health; (6) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and (7) is not
prohibited by federal law from possessing a firearm.\10\
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\10\Id.; 18 U.S.C. Sec. 926(C).
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LEOSA Reform Act
The LEOSA Reform Act will make several necessary and
important changes to LEOSA to support America's active and
retired law enforcement officers.
First, it amends the Gun-Free School Zones
Act (GFSZA) to provide an exemption for law enforcement
officers certified under LEOSA to carry a concealed
firearm in a gun-free school zone. Some states
currently allow individuals with a concealed carry
license to carry a concealed firearm in a gun-free
school zone in the state they are licensed.\11\
However, under current law, LEOSA-certified law
enforcement officers are prohibited from carrying a
concealed firearm in a gun-free school zone. For
example, a law enforcement officer who retired from the
police force after twenty-five years and is otherwise
in good standing and compliant under LEOSA would be
prohibited by federal law from carrying a concealed
firearm to his son's baseball game at a local high
school even though the state's concealed carry law
would allow it. This legislation would fix this
discrepancy.
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\11\Kelly Puente and Stephen Gruber-Miller, What states allow
teachers to carry guns at school? Tennessee and Iowa weigh joining
team, USA Today (Apr. 19, 2024).
---------------------------------------------------------------------------
Second, the LEOSA Reform Act would allow law
enforcement officers certified under LEOSA to carry
concealed firearms on ``common or contract carriers''
like public transportation and also allow them to carry
concealed firearms in national parks.
Third, it would clarify that law enforcement
officers who are certified under LEOSA are not subject
to state or local laws that restrict magazine capacity.
Fourth, the bill allows states to require
LEOSA-certified retired law enforcement officers to
certify in firearms training up to every 36 months, as
opposed to current law which requires a certification
in firearms training every 12 months.
Fifth, the bill allows LEOSA-certified law
enforcement officers to carry in certain federal
facilities that are determined to be a Facility
Security Level I or II civilian public access facility.
The facility security level (FSL) is set by the
Department of Homeland Security (DHS) Federal
Protective Service (FPS) and the General Services
Administration (GSA) in consultation with the client
agency.\12\ A facility that receives a Level I or Level
II determination are deemed to be low or medium risk
for adversarial threats.\13\ These facilities include
U.S. Post Offices or Social Security Administration
Offices. Currently, law enforcement officers can only
enter these federal facilities while armed when acting
in an ``official capacity,'' such as a call for
service.\14\
---------------------------------------------------------------------------
\12\Interagency Security Committee (ISC) The Risk Management
Process for Federal Facilities: An Interagency Security Committee
Standard (Aug. 2013), available at https://www.dhs.gov/sites/default/
files/publications/ISC_Risk-Management-Process_Aug_2013_0.pdf.
\13\Id.
\14\National Fraternal Order of Police, Law Enforcement Officers'
Safety Act FAQ, https://files.fop.net/wp-content/uploads/2021/03/leosa-
faq.pdf (last visited Apr. 25, 2024).
---------------------------------------------------------------------------
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearings were used to develop H.R. 354: ``Victims
of Violent Crime in Manhattan'' a hearing held on April 17,
2023, before Committee on the Judiciary. The Committee heard
testimony from the following witnesses:
Jose Alba, former Manhattan bodega clerk;
Madeline Brame, Chairwoman of the Victims
Rights Reform Council and mother of a homicide victim;
Jennifer Harrison, Founder of Victims Rights
NY;
Paul DiGiacomo, President of the New York
City's Detectives' Endowment Association;
Robert F. Holden, New York City Council (D-
District 30);
Barry Borgen, father of a victim of anti-
Semetic hate crime;
Jim Kessler, Co-Founder and Senior Vice
President for Policy of Third Way; and
Rebecca Fischer, Executive Director of New
Yorkers Against Gun Violence.
The hearing examined the rising crime rates in Manhattan
and how they have made Manhattan a more dangerous place for
residents and visitors, including law enforcement officers.
A related hearing includes ``Victims of Violent Crime in
the District of Columbia on October 12, 2023, before the
Subcommittee on Crime and Federal Government Surveillance of
the House Committee on the Judiciary. The Subcommittee heard
from the following witnesses:
Gaynor Jablonski, Washington, D.C. business
owner attacked on June 29, 2023, inside of his business
in front of his 4-year-old son;
Charles Stimson, crime control, national
security, homeland security, and drug policy expert at
the Heritage Foundation, Deputy Director of the Edwin
Meese III Center for Legal and Judicial Studies;
Mitchell Sobolevsky, victim of robbery at
gunpoint in Washington, D.C.;
Greg Pemberton, Metropolitan Police
Department Detective, Chairman of the D.C. Police
Union;
Lindsey Appiah, Deputy Mayor for Public
Safety and Justice; and
Myisha Richards, firefighter paramedic,
District of Columbia Fire and Emergency Medical
Services Department.
The hearing examined the rise of violent crime in
Washington, D.C., and the lack of prosecutions and
prosecutorial accountability.
Committee Consideration
On May 8, 2024, the Committee met in open session and
ordered the bill, H.R. 354, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
15-9, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following roll call votes occurred during the Committee's
consideration of H.R. 354:
1. Vote on Amendment #1 to the H.R. 354 ANS, offered by Mr.
Ivey--failed 7 ayes to 13 nays.
2. Vote on favorably reporting H.R. 354, as amended--passed
15 ayes to 9 nays.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to the requirements of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 354 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 354 would amend the Law Enforcement
Officer Safety Act to allow qualified active and retired law
enforcement officers to carry concealed firearms and ammunition
in school zones, national parks, private property that is open
to the public, and in some federal facilities that are open to
the public.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 354
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Sec. 1. Short Title. The ``LEOSA Reform Act.''
Sec. 2. Conforming the Law Enforcement Officer Safety Act
and the Gun-Free School Zones Act of 1990. This section amends
the Gun-Free School Zones Act to allow qualified active and
retired law enforcement officers authorized to carry under
LEOSA the ability to carry a concealed firearm in a gun-free
school zone.
Sec. 3. Making Improvements to the Law Enforcement Officer
Safety Act. This section amends LEOSA to allow qualified active
and retired law enforcement officers to carry concealed
firearms on ``common or contract carriers,'' such as public
transportation and also allows qualified active and retired law
enforcement officers to carry concealed firearms in national
parks. This section also clarifies that qualified active and
retired law enforcement officers are exempt from magazine
capacity restrictions imposed by state and local law.
Furthermore, this section allows states to require qualified
retired law enforcement officers to certify every 36 months, as
opposed to current law which requires a certification in
firearms training every 12 months. Lastly, this section
clarifies that a certification in firearms training can be
conducted by (1) the officer's former agency, (2) the state in
which the officer resides, (3) any law enforcement agency
within the state in which the officer resides, or (4) a
firearms instructor certified by the state in which the officer
resides to conduct active-duty firearms training.
Sec. 4. Permitting Qualified Current and Retired Law
Enforcement Officers to Carry Firearms in Certain Federal
Facilities. This section allows qualified active and retired
law enforcement officers to carry a concealed firearm in
certain federal facilities, including a U.S. Post Office,
Social Security Administration Office, Veterans Affairs Office,
or similar federal facilities.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
PART I--CRIMES
* * * * * * *
CHAPTER 44--FIREARMS
* * * * * * *
Sec. 922. Unlawful acts
(a) It shall be unlawful--
(1) for any person--
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage in
the business of importing, manufacturing, or
dealing in firearms, or in the course of such
business to ship, transport, or receive any
firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of
importing or manufacturing ammunition, or in
the course of such business, to ship,
transport, or receive any ammunition in
interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or
collector licensed under the provisions of this chapter
to ship or transport in interstate or foreign commerce
any firearm to any person other than a licensed
importer, licensed manufacturer, licensed dealer, or
licensed collector, except that--
(A) this paragraph and subsection (b)(3)
shall not be held to preclude a licensed
importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a
firearm or replacement firearm of the same kind
and type to a person from whom it was received;
and this paragraph shall not be held to
preclude an individual from mailing a firearm
owned in compliance with Federal, State, and
local law to a licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to
preclude a licensed importer, licensed
manufacturer, or licensed dealer from
depositing a firearm for conveyance in the
mails to any officer, employee, agent, or
watchman who, pursuant to the provisions of
section 1715 of this title, is eligible to
receive through the mails pistols, revolvers,
and other firearms capable of being concealed
on the person, for use in connection with his
official duty; and
(C) nothing in this paragraph shall be
construed as applying in any manner in the
District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United
States differently than it would apply if the
District of Columbia, the Commonwealth of
Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector to transport into or receive in the State
where he resides (or if the person is a corporation or
other business entity, the State where it maintains a
place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that
this paragraph (A) shall not preclude any person who
lawfully acquires a firearm by bequest or intestate
succession in a State other than his State of residence
from transporting the firearm into or receiving it in
that State, if it is lawful for such person to purchase
or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm
obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation
of any firearm acquired in any State prior to the
effective date of this chapter;
(4) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, to transport in interstate or foreign
commerce any destructive device, machinegun (as defined
in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except
as specifically authorized by the Attorney General
consistent with public safety and necessity;
(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector) to transfer, sell, trade, give, transport,
or deliver any firearm to any person (other than a
licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the transferor resides; except that this
paragraph shall not apply to (A) the transfer,
transportation, or delivery of a firearm made to carry
out a bequest of a firearm to, or an acquisition by
intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the
laws of the State of his residence, and (B) the loan or
rental of a firearm to any person for temporary use for
lawful sporting purposes;
(6) for any person in connection with the acquisition
or attempted acquisition of any firearm or ammunition
from a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, knowingly to
make any false or fictitious oral or written statement
or to furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to
deceive such importer, manufacturer, dealer, or
collector with respect to any fact material to the
lawfulness of the sale or other disposition of such
firearm or ammunition under the provisions of this
chapter;
(7) for any person to manufacture or import armor
piercing ammunition, unless--
(A) the manufacture of such ammunition is for
the use of the United States, any department or
agency of the United States, any State, or any
department, agency, or political subdivision of
a State;
(B) the manufacture of such ammunition is for
the purpose of exportation; or
(C) the manufacture or importation of such
ammunition is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(8) for any manufacturer or importer to sell or
deliver armor piercing ammunition, unless such sale or
delivery--
(A) is for the use of the United States, any
department or agency of the United States, any
State, or any department, agency, or political
subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, who does not reside in any State to receive
any firearms unless such receipt is for lawful sporting
purposes.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
(1) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe
is less than eighteen years of age, and, if the
firearm, or ammunition is other than a shotgun or
rifle, or ammunition for a shotgun or rifle, to any
individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the
purchase or possession by such person of such firearm
would be in violation of any State law or any published
ordinance applicable at the place of sale, delivery or
other disposition, unless the licensee knows or has
reasonable cause to believe that the purchase or
possession would not be in violation of such State law
or such published ordinance;
(3) any firearm to any person who the licensee knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the licensee's place of business is
located, except that this paragraph (A) shall not apply
to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the
licensee's place of business is located if the
transferee meets in person with the transferor to
accomplish the transfer, and the sale, delivery, and
receipt fully comply with the legal conditions of sale
in both such States (and any licensed manufacturer,
importer or dealer shall be presumed, for purposes of
this subparagraph, in the absence of evidence to the
contrary, to have had actual knowledge of the State
laws and published ordinances of both States), and (B)
shall not apply to the loan or rental of a firearm to
any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun
(as defined in section 5845 of the Internal Revenue
Code of 1986), short-barreled shotgun, or short-
barreled rifle, except as specifically authorized by
the Attorney General consistent with public safety and
necessity; and
(5) any firearm or armor-piercing ammunition to any
person unless the licensee notes in his records,
required to be kept pursuant to section 923 of this
chapter, the name, age, and place of residence of such
person if the person is an individual, or the identity
and principal and local places of business of such
person if the person is a corporation or other business
entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not
apply to transactions between licensed importers, licensed
manufacturers, licensed dealers, and licensed collectors.
Paragraph (4) of this subsection shall not apply to a sale or
delivery to any research organization designated by the
Attorney General.
(c) In any case not otherwise prohibited by this chapter, a
licensed importer, licensed manufacturer, or licensed dealer
may sell a firearm to a person who does not appear in person at
the licensee's business premises (other than another licensed
importer, manufacturer, or dealer) only if--
(1) the transferee submits to the transferor a sworn
statement in the following form:
``Subject to penalties provided by law, I swear that,
in the case of any firearm other than a shotgun or a
rifle, I am twenty-one years or more of age, or that,
in the case of a shotgun or a rifle, I am eighteen
years or more of age; that I am not prohibited by the
provisions of chapter 44 of title 18, United States
Code, from receiving a firearm in interstate or foreign
commerce; and that my receipt of this firearm will not
be in violation of any statute of the State and
published ordinance applicable to the locality in which
I reside. Further, the true title, name, and address of
the principal law enforcement officer of the locality
to which the firearm will be delivered are ____________
_______________________
Signature _________ Date ____.''
and containing blank spaces for the attachment of a
true copy of any permit or other information required
pursuant to such statute or published ordinance;
(2) the transferor has, prior to the shipment or
delivery of the firearm, forwarded by registered or
certified mail (return receipt requested) a copy of the
sworn statement, together with a description of the
firearm, in a form prescribed by the Attorney General,
to the chief law enforcement officer of the
transferee's place of residence, and has received a
return receipt evidencing delivery of the statement or
has had the statement returned due to the refusal of
the named addressee to accept such letter in accordance
with United States Post Office Department regulations;
and
(3) the transferor has delayed shipment or delivery
for a period of at least seven days following receipt
of the notification of the acceptance or refusal of
delivery of the statement.
A copy of the sworn statement and a copy of the notification to
the local law enforcement officer, together with evidence of
receipt or rejection of that notification shall be retained by
the licensee as a part of the records required to be kept under
section 923(g).
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person, including
as a juvenile--
(1) is under indictment for, or has been convicted in
any court of, a crime punishable by imprisonment for a
term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has
been committed to any mental institution at 16 years of
age or older;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) is subject to a court order that restrains such
person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a
court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had the opportunity to participate;
and
(B)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury;
(9) has been convicted in any court of a misdemeanor
crime of domestic violence;
(10) intends to sell or otherwise dispose of the
firearm or ammunition in furtherance of a felony, a
Federal crime of terrorism, or a drug trafficking
offense (as such terms are defined in section 932(a));
or
(11) intends to sell or otherwise dispose of the
firearm or ammunition to a person described in any of
paragraphs (1) through (10).
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
who pursuant to subsection (b) of section 925 is not precluded
from dealing in firearms or ammunition, or to a person who has
been granted relief from disabilities pursuant to subsection
(c) of section 925.
(e) It shall be unlawful for any person knowingly to deliver
or cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce,
to persons other than licensed importers, licensed
manufacturers, licensed dealers, or licensed collectors, any
package or other container in which there is any firearm or
ammunition without written notice to the carrier that such
firearm or ammunition is being transported or shipped; except
that any passenger who owns or legally possesses a firearm or
ammunition being transported aboard any common or contract
carrier for movement with the passenger in interstate or
foreign commerce may deliver said firearm or ammunition into
the custody of the pilot, captain, conductor or operator of
such common or contract carrier for the duration of the trip
without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label,
tag, or other written notice to be placed on the outside of any
package, luggage, or other container that such package,
luggage, or other container contains a firearm.
(f)(1) It shall be unlawful for any common or contract
carrier to transport or deliver in interstate or foreign
commerce any firearm or ammunition with knowledge or reasonable
cause to believe that the shipment, transportation, or receipt
thereof would be in violation of the provisions of this
chapter.
(2) It shall be unlawful for any common or contract carrier
to deliver in interstate or foreign commerce any firearm
without obtaining written acknowledgement of receipt from the
recipient of the package or other container in which there is a
firearm.
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one
year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or
who has been committed to a mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had an opportunity to participate;
(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner
or person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury to the partner or child;
and
(C)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition; or
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section,
in the course of such employment--
(1) to receive, possess, or transport any firearm or
ammunition in or affecting interstate or foreign
commerce; or
(2) to receive any firearm or ammunition which has
been shipped or transported in interstate or foreign
commerce.
(i) It shall be unlawful for any person to transport or ship
in interstate or foreign commerce, any stolen firearm or stolen
ammunition, knowing or having reasonable cause to believe that
the firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm
or stolen ammunition, or pledge or accept as security for a
loan any stolen firearm or stolen ammunition, which is moving
as, which is a part of, which constitutes, or which has been
shipped or transported in, interstate or foreign commerce,
either before or after it was stolen, knowing or having
reasonable cause to believe that the firearm or ammunition was
stolen.
(k) It shall be unlawful for any person knowingly to
transport, ship, or receive, in interstate or foreign commerce,
any firearm which has had the importer's or manufacturer's
serial number removed, obliterated, or altered or to possess or
receive any firearm which has had the importer's or
manufacturer's serial number removed, obliterated, or altered
and has, at any time, been shipped or transported in interstate
or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it
shall be unlawful for any person knowingly to import or bring
into the United States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any person knowingly
to receive any firearm or ammunition which has been imported or
brought into the United States or any possession thereof in
violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly
to make any false entry in, to fail to make appropriate entry
in, or to fail to properly maintain, any record which he is
required to keep pursuant to section 923 of this chapter or
regulations promulgated thereunder.
(n) It shall be unlawful for any person who is under
indictment for a crime punishable by imprisonment for a term
exceeding one year to ship or transport in interstate or
foreign commerce any firearm or ammunition or receive any
firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be
unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under
the authority of, the United States or any department
or agency thereof or a State, or a department, agency,
or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a
machinegun that was lawfully possessed before the date
this subsection takes effect.
(p)(1) It shall be unlawful for any person to manufacture,
import, sell, ship, deliver, possess, transfer, or receive any
firearm--
(A) that, after removal of grips, stocks, and
magazines, is not as detectable as the Security
Exemplar, by walk-through metal detectors calibrated
and operated to detect the Security Exemplar; or
(B) any major component of which, when subjected to
inspection by the types of x-ray machines commonly used
at airports, does not generate an image that accurately
depicts the shape of the component. Barium sulfate or
other compounds may be used in the fabrication of the
component.
(2) For purposes of this subsection--
(A) the term ``firearm'' does not include the frame
or receiver of any such weapon;
(B) the term ``major component'' means, with respect
to a firearm, the barrel, the slide or cylinder, or the
frame or receiver of the firearm; and
(C) the term ``Security Exemplar'' means an object,
to be fabricated at the direction of the Attorney
General, that is--
(i) constructed of, during the 12-month
period beginning on the date of the enactment
of this subsection, 3.7 ounces of material type
17-4 PH stainless steel in a shape resembling a
handgun; and
(ii) suitable for testing and calibrating
metal detectors:
Provided, however, That at the close of such 12-month period,
and at appropriate times thereafter the Attorney General shall
promulgate regulations to permit the manufacture, importation,
sale, shipment, delivery, possession, transfer, or receipt of
firearms previously prohibited under this subparagraph that are
as detectable as a ``Security Exemplar'' which contains 3.7
ounces of material type 17-4 PH stainless steel, in a shape
resembling a handgun, or such lesser amount as is detectable in
view of advances in state-of-the-art developments in weapons
detection technology.
(3) Under such rules and regulations as the Attorney General
shall prescribe, this subsection shall not apply to the
manufacture, possession, transfer, receipt, shipment, or
delivery of a firearm by a licensed manufacturer or any person
acting pursuant to a contract with a licensed manufacturer, for
the purpose of examining and testing such firearm to determine
whether paragraph (1) applies to such firearm. The Attorney
General shall ensure that rules and regulations adopted
pursuant to this paragraph do not impair the manufacture of
prototype firearms or the development of new technology.
(4) The Attorney General shall permit the conditional
importation of a firearm by a licensed importer or licensed
manufacturer, for examination and testing to determine whether
or not the unconditional importation of such firearm would
violate this subsection.
(5) This subsection shall not apply to any firearm which--
(A) has been certified by the Secretary of Defense or
the Director of Central Intelligence, after
consultation with the Attorney General and the
Administrator of the Federal Aviation Administration,
as necessary for military or intelligence applications;
and
(B) is manufactured for and sold exclusively to
military or intelligence agencies of the United States.
(6) This subsection shall not apply with respect to any
firearm manufactured in, imported into, or possessed in the
United States before the date of the enactment of the
Undetectable Firearms Act of 1988.
(q)(1) The Congress finds and declares that--
(A) crime, particularly crime involving drugs and
guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in
and around schools, as documented in numerous hearings
in both the Committee on the Judiciary the House of
Representatives and the Committee on the Judiciary of
the Senate;
(D) in fact, even before the sale of a firearm, the
gun, its component parts, ammunition, and the raw
materials from which they are made have considerably
moved in interstate commerce;
(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to
travel to or through certain parts of the country due
to concern about violent crime and gun violence, and
parents may decline to send their children to school
for the same reason;
(F) the occurrence of violent crime in school zones
has resulted in a decline in the quality of education
in our country;
(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
(H) States, localities, and school systems find it
almost impossible to handle gun-related crime by
themselves--even States, localities, and school systems
that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavailing
due in part to the failure or inability of other States
or localities to take strong measures; and
(I) the Congress has the power, under the interstate
commerce clause and other provisions of the
Constitution, to enact measures to ensure the integrity
and safety of the Nation's schools by enactment of this
subsection.
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm--
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is
licensed to do so by the State in which the school zone
is located or a political subdivision of the State, and
the law of the State or political subdivision requires
that, before an individual obtains such a license, the
law enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked
firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved
by a school in the school zone;
(v) by an individual in accordance with a contract
entered into between a school in the school zone and
the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or
her official capacity; [or]
(vii) that is unloaded and is possessed by an
individual while traversing school premises for the
purpose of gaining access to public or private lands
open to hunting, if the entry on school premises is
authorized by school authorities[.]; or
(viii) by an individual authorized by section 926B or
926C to carry a concealed firearm.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard
for the safety of another, to discharge or attempt to discharge
a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the person knows
is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a
firearm--
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the
school zone, by an individual who is participating in
the program;
(iii) by an individual in accordance with a contract
entered into between a school in a school zone and the
individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or
her official capacity.
(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government from
enacting a statute establishing gun free school zones as
provided in this subsection.
(r) It shall be unlawful for any person to assemble from
imported parts any semiautomatic rifle or any shotgun which is
identical to any rifle or shotgun prohibited from importation
under section 925(d)(3) of this chapter as not being
particularly suitable for or readily adaptable to sporting
purposes except that this subsection shall not apply to--
(1) the assembly of any such rifle or shotgun for
sale or distribution by a licensed manufacturer to the
United States or any department or agency thereof or to
any State or any department, agency, or political
subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the
purposes of testing or experimentation authorized by
the Attorney General.
(s)(1) Beginning on the date that is 90 days after the date
of enactment of this subsection and ending on the day before
the date that is 60 months after such date of enactment, it
shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
a handgun (other than the return of a handgun to the person
from whom it was received) to an individual who is not licensed
under section 923, unless--
(A) after the most recent proposal of such transfer
by the transferee--
(i) the transferor has--
(I) received from the transferee a
statement of the transferee containing
the information described in paragraph
(3);
(II) verified the identity of the
transferee by examining the
identification document presented;
(III) within 1 day after the
transferee furnishes the statement,
provided notice of the contents of the
statement to the chief law enforcement
officer of the place of residence of
the transferee; and
(IV) within 1 day after the
transferee furnishes the statement,
transmitted a copy of the statement to
the chief law enforcement officer of
the place of residence of the
transferee; and
(ii)(I) 5 business days (meaning days on
which State offices are open) have elapsed from
the date the transferor furnished notice of the
contents of the statement to the chief law
enforcement officer, during which period the
transferor has not received information from
the chief law enforcement officer that receipt
or possession of the handgun by the transferee
would be in violation of Federal, State, or
local law; or
(II) the transferor has received notice from
the chief law enforcement officer that the
officer has no information indicating that
receipt or possession of the handgun by the
transferee would violate Federal, State, or
local law;
(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement
officer of the place of residence of the transferee
during the 10-day period ending on the date of the most
recent proposal of such transfer by the transferee,
stating that the transferee requires access to a
handgun because of a threat to the life of the
transferee or of any member of the household of the
transferee;
(C)(i) the transferee has presented to the transferor
a permit that--
(I) allows the transferee to possess or
acquire a handgun; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
handgun by the transferee would be in violation of the
law;
(D) the law of the State requires that, before any
licensed importer, licensed manufacturer, or licensed
dealer completes the transfer of a handgun to an
individual who is not licensed under section 923, an
authorized government official verify that the
information available to such official does not
indicate that possession of a handgun by the transferee
would be in violation of law;
(E) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(F) on application of the transferor, the Attorney
General has certified that compliance with subparagraph
(A)(i)(III) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the transferor
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer; and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make
a reasonable effort to ascertain within 5 business days whether
receipt or possession would be in violation of the law,
including research in whatever State and local recordkeeping
systems are available and in a national system designated by
the Attorney General.
(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
(A) the name, address, and date of birth appearing on
a valid identification document (as defined in section
1028(d)(1)) of the transferee containing a photograph
of the transferee and a description of the
identification used;
(B) a statement that the transferee--
(i) is not under indictment for, and has not
been convicted in any court of, a crime
punishable by imprisonment for a term exceeding
1 year, and has not been convicted in any court
of a misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in
section 102 of the Controlled Substances Act);
(iv) has not been adjudicated as a mental
defective or been committed to a mental
institution;
(v) is not an alien who--
(I) is illegally or unlawfully in the
United States; or
(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed
Forces under dishonorable conditions; and
(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a
handgun from the transferor.
(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer
containing information that receipt or possession of the
handgun by the transferee violates Federal, State, or local law
shall, within 1 business day after receipt of such request,
communicate any information related to the transfer that the
transferor has about the transfer and the transferee to--
(A) the chief law enforcement officer of the place of
business of the transferor; and
(B) the chief law enforcement officer of the place of
residence of the transferee.
(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection
shall not disclose such information except to the transferee,
to law enforcement authorities, or pursuant to the direction of
a court of law.
(6)(A) Any transferor who sells, delivers, or otherwise
transfers a handgun to a transferee shall retain the copy of
the statement of the transferee with respect to the handgun
transaction, and shall retain evidence that the transferor has
complied with subclauses (III) and (IV) of paragraph (1)(A)(i)
with respect to the statement.
(B) Unless the chief law enforcement officer to whom a
statement is transmitted under paragraph (1)(A)(i)(IV)
determines that a transaction would violate Federal, State, or
local law--
(i) the officer shall, within 20 business days after
the date the transferee made the statement on the basis
of which the notice was provided, destroy the
statement, any record containing information derived
from the statement, and any record created as a result
of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall
not be conveyed to any person except a person who has a
need to know in order to carry out this subsection; and
(iii) the information contained in the statement
shall not be used for any purpose other than to carry
out this subsection.
(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the
individual requests the officer to provide the reason for such
determination, the officer shall provide such reasons to the
individual in writing within 20 business days after receipt of
the request.
(7) A chief law enforcement officer or other person
responsible for providing criminal history background
information pursuant to this subsection shall not be liable in
an action at law for damages--
(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the
handgun is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a handgun.
(8) For purposes of this subsection, the term ``chief law
enforcement officer'' means the chief of police, the sheriff,
or an equivalent officer or the designee of any such
individual.
(9) The Attorney General shall take necessary actions to
ensure that the provisions of this subsection are published and
disseminated to licensed dealers, law enforcement officials,
and the public.
(t)(1) Beginning on the date that is 30 days after the
Attorney General notifies licensees under section 103(d) of the
Brady Handgun Violence Prevention Act that the national instant
criminal background check system is established, a licensed
importer, licensed manufacturer, or licensed dealer shall not
transfer a firearm to any other person who is not licensed
under this chapter, unless--
(A) before the completion of the transfer, the
licensee contacts the national instant criminal
background check system established under section 103
of that Act;
(B)(i) the system provides the licensee with a unique
identification number; or
(ii) subject to subparagraph (C), 3 business days
(meaning a day on which State offices are open) have
elapsed since the licensee contacted the system, and
the system has not notified the licensee that the
receipt of a firearm by such other person would violate
subsection (g) or (n) of this section, or State, local,
or Tribal law;
(C) in the case of a person less than 21 years of
age, in addition to all other requirements of this
chapter--
(i) the system provides the licensee with a
unique identification number;
(ii) 3 business days (meaning a day on which
State offices are open) have elapsed since the
licensee contacted the system, and the system
has not notified the licensee that cause exists
to further investigate a possibly disqualifying
juvenile record under subsection (d); or
(iii) in the case of such a person with
respect to whom the system notifies the
licensee in accordance with clause (ii) that
cause exists to further investigate a possibly
disqualifying juvenile record under subsection
(d), 10 business days (meaning a day on which
State offices are open) have elapsed since the
licensee contacted the system, and the system
has not notified the licensee that--
(I) transferring the firearm to the
other person would violate subsection
(d) of this section; or
(II) receipt of a firearm by the
other person would violate subsection
(g) or (n) of this section, or State,
local, or Tribal law; and
(D) the transferor has verified the identity of the
transferee by examining a valid identification document
(as defined in section 1028(d) of this title) of the
transferee containing a photograph of the transferee.
(2) If transfer or receipt of a firearm would not violate
subsection (d), (g), or (n) (as applicable) or State, local or
Tribal law, the system shall--
(A) assign a unique identification number to the
transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to
the call (other than the identifying number and the
date the number was assigned) and all records of the
system relating to the person or the transfer.
(3) Paragraph (1) shall not apply to a firearm transfer
between a licensee and another person if--
(A)(i) such other person has presented to the
licensee a permit that--
(I) allows such other person to possess or
acquire a firearm; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
firearm by such other person would be in violation of
law;
(B) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(C) on application of the transferor, the Attorney
General has certified that compliance with paragraph
(1)(A) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the licensee at
which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8)); and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(4) If the national instant criminal background check system
notifies the licensee that the information available to the
system does not demonstrate that the transfer of a firearm to
or receipt of a firearm by such other person would violate
subsection (d), (g), or (n) (as applicable) or State local, or
Tribal law, and the licensee transfers a firearm to such other
person, the licensee shall include in the record of the
transfer the unique identification number provided by the
system with respect to the transfer.
(5) If the licensee knowingly transfers a firearm to such
other person and knowingly fails to comply with paragraph (1)
of this subsection with respect to the transfer and, at the
time such other person most recently proposed the transfer, the
national instant criminal background check system was operating
and information was available to the system demonstrating that
transfer of a firearm to or receipt of a firearm by such other
person would violate subsection (d), (g), or (n) (as
applicable) of this section or State 5 local, or
Tribal law, the Attorney General may, after notice and
opportunity for a hearing, suspend for not more than 6 months
or revoke any license issued to the licensee under section 923,
and may impose on the licensee a civil fine of not more than
$5,000.
(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal
background check system shall be liable in an action at law for
damages--
(A) for failure to prevent the sale or transfer of a
firearm to a person whose receipt or possession of the
firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a firearm.
(u) It shall be unlawful for a person to steal or unlawfully
take or carry away from the person or the premises of a person
who is licensed to engage in the business of importing,
manufacturing, or dealing in firearms, any firearm in the
licensee's business inventory that has been shipped or
transported in interstate or foreign commerce.
(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(3) This subsection does not apply to--
(A) a temporary transfer of a handgun or ammunition
to a juvenile or to the possession or use of a handgun
or ammunition by a juvenile if the handgun and
ammunition are possessed and used by the juvenile--
(i) in the course of employment, in the
course of ranching or farming related to
activities at the residence of the juvenile (or
on property used for ranching or farming at
which the juvenile, with the permission of the
property owner or lessee, is performing
activities related to the operation of the farm
or ranch), target practice, hunting, or a
course of instruction in the safe and lawful
use of a handgun;
(ii) with the prior written consent of the
juvenile's parent or guardian who is not
prohibited by Federal, State, or local law from
possessing a firearm, except--
(I) during transportation by the
juvenile of an unloaded handgun in a
locked container directly from the
place of transfer to a place at which
an activity described in clause (i) is
to take place and transportation by the
juvenile of that handgun, unloaded and
in a locked container, directly from
the place at which such an activity
took place to the transferor; or
(II) with respect to ranching or
farming activities as described in
clause (i), a juvenile may possess and
use a handgun or ammunition with the
prior written approval of the
juvenile's parent or legal guardian and
at the direction of an adult who is not
prohibited by Federal, State or local
law from possessing a firearm;
(iii) the juvenile has the prior written
consent in the juvenile's possession at all
times when a handgun is in the possession of
the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of
the United States or the National Guard who possesses
or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile;
or
(D) the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other
persons against an intruder into the residence of the
juvenile or a residence in which the juvenile is an
invited guest.
(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the
transferor is not in violation of this subsection shall not be
subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful
because of the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun or ammunition is no
longer required by the Government for the purposes of
investigation or prosecution.
(5) For purposes of this subsection, the term ``juvenile''
means a person who is less than 18 years of age.
(6)(A) In a prosecution of a violation of this subsection,
the court shall require the presence of a juvenile defendant's
parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce
subparagraph (A).
(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a
prosecution of a violation of this subsection for good cause
shown.
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
(1) Definitions.--In this subsection--
(A) the term ``alien'' has the same meaning
as in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)); and
(B) the term ``nonimmigrant visa'' has the
same meaning as in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)).
(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B),
and (s)(3)(B)(v)(II) do not apply to any alien who has
been lawfully admitted to the United States under a
nonimmigrant visa, if that alien is--
(A) admitted to the United States for lawful
hunting or sporting purposes or is in
possession of a hunting license or permit
lawfully issued in the United States;
(B) an official representative of a foreign
government who is--
(i) accredited to the United States
Government or the Government's mission
to an international organization having
its headquarters in the United States;
or
(ii) en route to or from another
country to which that alien is
accredited;
(C) an official of a foreign government or a
distinguished foreign visitor who has been so
designated by the Department of State; or
(D) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official law enforcement business.
(3) Waiver.--
(A) Conditions for waiver.--Any individual
who has been admitted to the United States
under a nonimmigrant visa may receive a waiver
from the requirements of subsection (g)(5),
if--
(i) the individual submits to the
Attorney General a petition that meets
the requirements of subparagraph (C);
and
(ii) the Attorney General approves
the petition.
(B) Petition.--Each petition under
subparagraph (B) shall--
(i) demonstrate that the petitioner
has resided in the United States for a
continuous period of not less than 180
days before the date on which the
petition is submitted under this
paragraph; and
(ii) include a written statement from
the embassy or consulate of the
petitioner, authorizing the petitioner
to acquire a firearm or ammunition and
certifying that the alien would not,
absent the application of subsection
(g)(5)(B), otherwise be prohibited from
such acquisition under subsection (g).
(C) Approval of petition.--The Attorney
General shall approve a petition submitted in
accordance with this paragraph, if the Attorney
General determines that waiving the
requirements of subsection (g)(5)(B) with
respect to the petitioner--
(i) would be in the interests of
justice; and
(ii) would not jeopardize the public
safety.
(z) Secure Gun Storage or Safety Device.--
(1) In general.--Except as provided under paragraph
(2), it shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell,
deliver, or transfer any handgun to any person other
than any person licensed under this chapter, unless the
transferee is provided with a secure gun storage or
safety device (as defined in section 921(a)(34)) for
that handgun.
(2) Exceptions.--Paragraph (1) shall not apply to--
(A)(i) the manufacture for, transfer to, or
possession by, the United States, a department
or agency of the United States, a State, or a
department, agency, or political subdivision of
a State, of a handgun; or
(ii) the transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off duty);
or
(B) the transfer to, or possession by, a rail
police officer directly employed by or
contracted by a rail carrier and certified or
commissioned as a police officer under the laws
of a State of a handgun for purposes of law
enforcement (whether on or off duty);
(C) the transfer to any person of a handgun
listed as a curio or relic by the Secretary
pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun
for which a secure gun storage or safety device
is temporarily unavailable for the reasons
described in the exceptions stated in section
923(e), if the licensed manufacturer, licensed
importer, or licensed dealer delivers to the
transferee within 10 calendar days from the
date of the delivery of the handgun to the
transferee a secure gun storage or safety
device for the handgun.
(3) Liability for use.--
(A) In general.--Notwithstanding any other
provision of law, a person who has lawful
possession and control of a handgun, and who
uses a secure gun storage or safety device with
the handgun, shall be entitled to immunity from
a qualified civil liability action.
(B) Prospective actions.--A qualified civil
liability action may not be brought in any
Federal or State court.
(C) Defined term.--As used in this paragraph,
the term ``qualified civil liability action''--
(i) means a civil action brought by
any person against a person described
in subparagraph (A) for damages
resulting from the criminal or unlawful
misuse of the handgun by a third party,
if--
(I) the handgun was accessed
by another person who did not
have the permission or
authorization of the person
having lawful possession and
control of the handgun to have
access to it; and
(II) at the time access was
gained by the person not so
authorized, the handgun had
been made inoperable by use of
a secure gun storage or safety
device; and
(ii) shall not include an action
brought against the person having
lawful possession and control of the
handgun for negligent entrustment or
negligence per se.
* * * * * * *
Sec. 926B. Carrying of concealed firearms by qualified law enforcement
officers
(a) Notwithstanding any other provision of the law of any
State or any political subdivision thereof or any other
provision of Federal law, or any regulation prescribed by the
Secretary of the Interior pertaining to a unit of the National
Park System, an individual who is a qualified law enforcement
officer and who is carrying the identification required by
subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce,
subject to subsection (b).
(b) This section shall not be construed to supersede or limit
the laws of any State that--
(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property, except to the extent that the laws apply on
property used by a common or contract carrier to
transport people or property by land, rail, or water or
on property open to the public (whether or not a fee is
charged to enter the property); or
(2) prohibit or restrict the possession of firearms
on any State or local government property,
installation, building, base, or park, except to the
extent that the laws apply on property used by a common
or contract carrier to transport people or property by
land, rail, or water or on property open to the public
(whether or not a fee is charged to enter the
property).
(c) As used in this section, the term ``qualified law
enforcement officer'' means an employee of a governmental
agency who--
(1) 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);
(2) is authorized by the agency to carry a firearm;
(3) is not the subject of any disciplinary action by
the agency which could result in suspension or loss of
police powers;
(4) meets standards, if any, established by the
agency which require the employee to regularly qualify
in the use of a firearm;
(5) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
(6) is not prohibited by Federal law from receiving a
firearm.
(d) The identification required by this subsection is 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.
(e) As used in this section, the term ``firearm''--
(1) except as provided in this subsection, has the
same meaning as in section 921 of this title;
(2) includes any magazine and ammunition not
expressly prohibited by Federal law or subject to the
provisions of the National Firearms Act; and
(3) does not include--
(A) any machinegun (as defined in section
5845 of the National Firearms Act);
(B) any firearm silencer (as defined in
section 921 of this title); and
(C) any destructive device (as defined in
section 921 of this title).
(f) For the purposes of this section, a law enforcement
officer of the Amtrak Police Department, a law enforcement
officer of the Federal Reserve, or a law enforcement or police
officer of the executive branch of the Federal Government
qualifies as an employee of a governmental agency who 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).
Sec. 926C. Carrying of concealed firearms by qualified retired law
enforcement officers
(a) Notwithstanding any other provision of the law of any
State or any political subdivision thereof or any other
provision of Federal law, or any regulation prescribed by the
Secretary of the Interior pertaining to a unit of the National
Park System, an individual who is a qualified retired law
enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm that
has been shipped or transported in interstate or foreign
commerce, subject to subsection (b).
(b) This section shall not be construed to supersede or limit
the laws of any State that--
(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property, except to the extent that the laws apply on
property used by a common or contract carrier to
transport people or property by land, rail, or water or
on property open to the public (whether or not a fee is
charged to enter the property); or
(2) prohibit or restrict the possession of firearms
on any State or local government property,
installation, building, base, or park, except to the
extent that the laws apply on property used by a common
or contract carrier to transport people or property by
land, rail, or water or on property open to the public
(whether or not a fee is charged to enter the
property).
(c) As used in this section, the term ``qualified retired law
enforcement officer'' means an individual who--
(1) separated from service in good standing from
service with a public agency as a law enforcement
officer;
(2) 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);
(3)(A) before such separation, served as a law
enforcement officer for an aggregate of 10 years or
more; or
(B) 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;
[(4) 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;]
(4) has met the standards for qualification in
firearms training during the most recent period of 12
months (or, at the option of the State in which the
individual resides, a greater number of months, not
exceeding 36 months), and for purposes of this
paragraph, the term ``standards for qualification in
firearms training'' means--
(A) the standards for active duty law
enforcement officers as established by the
former agency of the individual;
(B) the standards for active duty law
enforcement officers as established by the
State in which the individual resides;
(C) the standards for active duty law
enforcement officers employed by any law
enforcement agency in the State in which the
individual resides; or
(D) any standard for active duty law
enforcement officers for firearms qualification
conducted by any certified firearms instructor
within the State in which the individual
resides;
(5)(A) 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
(d)(1); or
(B) 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 (d)(1);
(6) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
(7) is not prohibited by Federal law from receiving a
firearm.
(d) The identification required by this subsection is--
(1) 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 one 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] met the
standards for qualification in firearms training
required by subsection (c)(4) for a firearm of the same
type as the concealed firearm; or
(2)(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
[(B) 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 a 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.]
(B) a certification issued by the former agency of
the individual, the State in which the individual
resides, any law enforcement agency within the State in
which the individual resides, or any certified firearms
instructor within the State in which the individual
resides that indicates that the individual has met the
standards for qualification in firearms training
required by subsection (c)(4).
(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 any magazine and 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);
and
(2) the term ``service with a public agency as a law
enforcement officer'' includes service as a law
enforcement officer of the Amtrak Police Department,
service as a law enforcement officer of the Federal
Reserve, or service as a law enforcement or police
officer of the executive branch of the Federal
Government.
* * * * * * *
Sec. 930. Possession of firearms and dangerous weapons in Federal
facilities
(a) Except as provided in subsection (d), whoever knowingly
possesses or causes to be present a firearm or other dangerous
weapon in a Federal facility (other than a Federal court
facility), or attempts to do so, shall be fined under this
title or imprisoned not more than 1 year, or both.
(b) Whoever, with intent that a firearm or other dangerous
weapon be used in the commission of a crime, knowingly
possesses or causes to be present such firearm or dangerous
weapon in a Federal facility, or attempts to do so, shall be
fined under this title or imprisoned not more than 5 years, or
both.
(c) A person who kills any person in the course of a
violation of subsection (a) or (b), or in the course of an
attack on a Federal facility involving the use of a firearm or
other dangerous weapon, or attempts or conspires to do such an
act, shall be punished as provided in sections 1111, 1112,
1113, and 1117.
(d) Subsection (a) shall not apply to--
(1) the lawful performance of official duties by an
officer, agent, or employee of the United States, a
State, or a political subdivision thereof, who is
authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of
any violation of law;
(2) the possession of a firearm or other dangerous
weapon by a Federal official or a member of the Armed
Forces if such possession is authorized by law; [or]
(3) the lawful carrying of firearms or other
dangerous weapons in a Federal facility incident to
hunting or other lawful purposes[.] ; or
(4) the possession of a firearm or ammunition in a
Facility Security Level I or II civilian public access
facility by a qualified law enforcement officer (as
defined in section 926B(c)) or a qualified retired law
enforcement officer (as defined in section 926C(c)).
(e)(1) Except as provided in paragraph (2), whoever knowingly
possesses or causes to be present a firearm or other dangerous
weapon in a Federal court facility, or attempts to do so, shall
be fined under this title, imprisoned not more than 2 years, or
both.
(2) Paragraph (1) shall not apply to conduct which is
described in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of
the United States to punish for contempt or to promulgate rules
or orders regulating, restricting, or prohibiting the
possession of weapons within any building housing such court or
any of its proceedings, or upon any grounds appurtenant to such
building.
(g) As used in this section:
(1) The term ``Federal facility'' means a building or
part thereof owned or leased by the Federal Government,
where Federal employees are regularly present for the
purpose of performing their official duties.
(2) The term ``dangerous weapon'' means a weapon,
device, instrument, material, or substance, animate or
inanimate, that is used for, or is readily capable of,
causing death or serious bodily injury, except that
such term does not include a pocket knife with a blade
of less than 21/2 inches in length.
(3) The term ``Federal court facility'' means the
courtroom, judges' chambers, witness rooms, jury
deliberation rooms, attorney conference rooms, prisoner
holding cells, offices of the court clerks, the United
States attorney, and the United States marshal,
probation and parole offices, and adjoining corridors
of any court of the United States.
(4) The term ``Facility Security Level'' means a
security risk assessment level assigned to a Federal
facility by the security agency of the facility in
accordance with the biannually issued Interagency
Security Committee Standard.
(5) The term ``civilian public access facility''
means a facility open to the general public.
(h) Notice of the provisions of subsections (a) and (b) shall
be posted conspicuously at each public entrance to each Federal
facility, and notice of subsection (e) shall be posted
conspicuously at each public entrance to each Federal court
facility, and no person shall be convicted of an offense under
subsection (a) or (e) with respect to a Federal facility if
such notice is not so posted at such facility, unless such
person had actual notice of subsection (a) or (e), as the case
may be.
* * * * * * *
Dissenting Views
The LEOSA Reform Act furthers the Republican agenda of
``more guns for more people in more places.'' It intrudes on
the states' ability to make their own judgments about public
safety, concealed firearms, and the regulation of their own law
enforcement, and would make us all less safe.
In 2004, Congress passed the Law Enforcement Officer Safety
Act (LEOSA), permitting qualified active and retired law
enforcement officers to carry concealed firearms and ammunition
in certain places. Every state allows the concealed carry of
firearms subject to certain conditions, but the original LEOSA
overrode whatever permit, training, or other requirements might
be in place--with important, commonsense exceptions for
national parks, playgrounds, government buildings, private
property, and other sensitive areas.
The LEOSA Reform Act would go even further than the
original LEOSA by doing away with those exceptions and
effectively eliminating a state's ability to control the
carrying of concealed firearms within its borders. It would
also undermine state magazine capacity limits so that some
people will be allowed to carry magazines that exceed state
law. It would relax training standards so that a covered person
could carry a concealed firearm even though it may have been 3
years since their last firearms training certification.
Finally, the bill erodes federal prohibitions that have kept
concealed firearms out of federal facilities except when they
are used by on-duty law enforcement or carried incidental to
hunting. The House should reject this dangerous, irresponsible
bill.
I. BACKGROUND
In 2004, Congress passed, and President Bush signed, the
Law Enforcement Officer Safety Act, permitting qualified active
and retired law enforcement officers to carry concealed
firearms and ammunition in certain places.\1\ Before its
passage, only active federal law enforcement officers enjoyed
nationwide concealed carry privileges. States could decide
whether to allow out-of-state officers or retired law
enforcement officers (federal or state, including their own
retired officers) to carry concealed firearms within their
borders. Every state allows individuals to carry a concealed
firearm in public so long as they meet certain conditions, but
LEOSA supersedes whatever permit, training, or other
requirements might be in place.\2\
---------------------------------------------------------------------------
\1\18 U.S.C. Sec. 926B applies to ``qualified law enforcement
officers'' while 18 U.S.C. Sec. 926C contains substantially similar
language but applies to ``qualified retired law enforcement officers''
(emphasis added).
\2\https://giffords.org/lawcenter/gun-laws/policy-areas/guns-in-
public/concealed-carry/.
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LEOSA's concealed carry authorization applies to certain
active and retired law enforcement officers.\3\ Qualified
active officers must carry a photo ID from their employing
agency that identifies them as a law enforcement officer of the
agency.\4\ Qualified retired officers must carry a photo ID
from their former agency that identifies them as a former
officer and indicates that they have met the firearms training
qualification standards for active law enforcement within the
last year, or a combination of documents that establish prior
employment and having met state or agency firearms training
standards within the last year.\5\
Police groups did not uniformly support LEOSA at the time
it was passed. The Committee report on the bill noted that, at
a hearing on the legislation, the ``International Association
of Chiefs of Police (IACP) argued that the variation among the
States on firearms training and other policies and procedures
regarding police officers, such as authority to carry firearms
off duty and use-of-force policies, will create a dangerous
environment for out-of-State officers and citizens. Laws
regulating the carrying of firearms must remain within the
jurisdiction of the State government where they can be more
effectively monitored and enforced.''\6\
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\3\See 18 U.S.C. Sec. 926B(c) and 18 U.S.C. Sec. 926C(c).
\4\18 U.S.C. Sec. 926B(d).
\5\18 U.S.C. Sec. 926C(d).
\6\House Report 108-560, available at https://www.congress.gov/108/
crpt/hrpt560/CRPT-108hrpt560.pdf.
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Members of Congress from both parties also raised concerns.
The Republican Chairman of the Committee at the time, James
Sensenbrenner (WI), opposed the legislation, explaining that it
``violate[d] the principles of federalism and undermine[d] the
authorities of the States.''\7\ He explained that its goals
could be achieved in a way that respected a state's authority
through concealed carry reciprocity agreements, and that many
such agreements already existed. Congressman Robert ``Bobby''
Scott (D-VA) also opposed the legislation. During the hearing
on the bill, he submitted ``dozens of reports'' of instances in
which off-duty, plainclothes law enforcement officers shot
other off-duty officers or were shot by uniformed officers who
mistook the off-duty officers for criminals. He noted that many
of these incidents involved shots fired between off-duty
officers in their home jurisdiction and their fellow officers
from that same jurisdiction. If even these officers made
mistakes and shot each other, he argued, then encouraging out-
of-state officers to use their firearms would certainly put
more officers and the public at risk. Similarly, I also opposed
the bill and expressed my concern that it would allow officers
to carry concealed firearms nationwide despite the broad
diversity in firearms training requirements across law
enforcement agencies.
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\7\Id.
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While LEOSA's concealed carry authorization applies
``notwithstanding any other provision of the law of any State
or any political subdivision thereof,''\8\ it still respects
certain state restrictions. The law states that it ``shall not
be construed to supersede or limit the laws of any State that--
(1) permit private persons or entities to prohibit or restrict
the possession of concealed firearms on their property; or (2)
prohibit or restrict the possession of firearms on any State or
local government property, installation, building, base, or
park.''\9\ This limitation preserved the right of states to
maintain some limited control over the possession of concealed
firearms within their borders and the right of private persons
and entities to limit the possession of concealed firearms on
their property. With this limitation in place, LEOSA was passed
with significant bipartisan support. Congress amended LEOSA in
2010 and 2013 and retained this language.
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\8\18 U.S.C. Sec. 926B(a), 18 U.S.C. Sec. 926C(a).
\9\18 U.S.C. Sec. 926B(b), 18 U.S.C. Sec. 926C(b).
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II. CONCERNS
The LEOSA Reform Act would all but eliminate the carveouts
in the original legislation, erasing what little control LEOSA
gave to states, private persons, and private entities who might
want to limit concealed firearms within their borders or on
their property. Many states have exercised this right and
prohibit (or allow private entities to prohibit) the carrying
of concealed firearms in parks, playgrounds, restaurants,
theaters, or on buses, trains, or boats. Under the LEOSA Reform
Act, all places open to the public and all common carriers must
allow active and retired officers who meet the requirements of
LEOSA to carry a concealed firearm, even if this is contrary to
the judgment of the private property owner or the state or
local government.
The bill also extends LEOSA privileges into Gun-Free School
Zones. Under current law, a person can carry a concealed
firearm in a Gun-Free School Zone only under limited
circumstances, including if they are licensed to do so by the
state, are acting in their official capacity as a law
enforcement officer or are acting in accordance with a school
security contract.
The bill also extends LEOSA privileges into federally
controlled spaces, including national parks and certain federal
facilities. Under current law, an individual may carry a
concealed firearm in a national park if the possession of the
firearm complies with the laws of the state where the park area
is located.\10\ However, an individual generally may not carry
a concealed firearm within a federal facility within that
national park since federal law prohibits firearms in federal
facilities except when used by on-duty law enforcement or
incidental to hunting and other lawful purposes.\11\ The LEOSA
Reform Act would undo both aspects of current law, allowing
concealed carry under LEOSA in national parks regardless of
state law and allowing concealed carry under LEOSA within
certain federal facilities, including those in national parks.
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\10\54 U.S.C. Sec. 104906; https://www.nps.gov/articles/firearms-
in-national-parks.htm.
\11\18 U.S.C. Sec. 930(a), (d).
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The LEOSA Reform Act's expansion of LEOSA authority into
federal facilities will create significant confusion. The bill
extends LEOSA carry authority to include a ``Facility Security
Level I or II civilian public access facility.'' However, there
is no way to know which federal facilities are or are not
included in this definition given that, as the bill itself
states, the ``Facility Security Level'' is determined on a
facility-by-facility basis by a particular facility's security
agency. We have found no listing of federal facilities that
fall within Facility Security Level I or II.
The bill's definition of a ``civilian public access
facility'' as ``a facility open to the general public'' is also
ambiguous given that many federal facilities are open to the
general public with certain restrictions and it is not clear
what degree of public access brings a facility within this
definition. For example, most areas of House office buildings
are open to the public so long as a person goes through
security screening and does not bring in prohibited items,
including firearms. Many district offices are in federal
buildings that are open to the public with even fewer
restrictions. Even the Capitol building is open to the public
provided that a member of the public is participating in a
tour, has obtained a gallery pass, or has an appointment in the
Capitol. Given that there is no central listing of security
levels and the ambiguities of the definition of ``civilian
public access facility,'' it is not clear which congressional
office buildings (including federal buildings that contain
congressional district offices), federal historic places, or
federal agency offices might fall within this exception. During
the markup, we asked for clarification on which facilities
would be affected by this provision and the Majority could not
provide any. Congressman Glenn Ivey (D-MD) offered an amendment
to strike the federal facility provision of the bill, given
this uncertainty, but Republicans rejected that amendment.
The bill not only expands where LEOSA applies, but also
impacts state regulation on ammunition. Under current law, a
qualified officer or retired officer carrying under LEOSA must
still abide by any state laws limiting magazine capacity.
However, the bill allows an individual carrying a weapon under
LEOSA to also carry ``any magazine,'' eliminating any state
limits as applied to concealed carry under LEOSA.
Finally, the bill would allow retired officers who carry
concealed firearms under LEOSA to meet firearms training
standards as infrequently as every 3 years, rather than every
year, as required by current law. This means that more
individuals, some who may have retired from law enforcement
many years ago, will be allowed to carry a concealed firearm
despite not having been trained in its proper use in as many as
3 years. Because this bill went forward without a hearing, the
Committee did not have the opportunity to investigate the
impact of this change in policy on overall public safety.
III. CONCLUSION
Yet again, my Republican colleagues are pushing guns
everywhere as a solution for public safety, when we know that
the presence of guns only escalates a situation and increases
the potential for violence and deadly mistakes. This bill marks
a radical abandonment of at least some Republicans' commitment
to states' rights in favor of a national mandate to allow
concealed firearms in virtually every place, regardless of the
public safety judgments of local officials and private property
owners. Unfortunately, this is just one bill of many in which
Republicans are pursuing guns as their only answer for
addressing crime--an approach that has contributed to record
gun deaths in recent years.
Given that this proliferation of guns has taken its toll on
law enforcement, I find it ironic that it is being moved during
Police Week. More than 100 Americans die each day from gun
violence and these deaths are preventable. I again call on
Republicans to pass lifesaving bills like the Bipartisan
Background Checks Act, the Enhanced Background Checks Act, the
Assault Weapons Ban, and the Federal Extreme Risk Protection
Order Act. By forcing more guns into more public spaces, this
bill is a step backward that jeopardizes the safety of all
Americans, including law enforcement.
For these reasons, I dissent, and I urge all my colleagues
to oppose this legislation.
Jerrold Nadler,
Ranking Member.