[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \6\Id.
    \7\Id.
    \8\Id.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \9\Id.; 18 U.S.C. Sec.  926(B).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \10\Id.; 18 U.S.C. Sec.  926(C).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
                

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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/.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \7\Id.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                              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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.