    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-272
    111th Congress

    An Act

    To amend title 18, United States Code, to improve the provisions
    relating to the carrying of concealed weapons by law enforcement
    officers, and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. <> SHORT TITLE.

    This Act may be cited as the ``Law Enforcement Officers Safety Act
    Improvements Act of 2010''.
    SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF
    TITLE 18.

    (a) In General.--Section 926B of title 18, United States Code, is
    amended--
    (1) in subsection (c)(3), by inserting ``which could result
    in suspension or loss of police powers'' after ``agency''; and
    (2) by adding at the end the following:

    ``(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.''.
    (b) Active Law Enforcement Officers.--Section 926B of title 18,
    United States Code is amended by striking subsection (e) and inserting
    the following:
    ``(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 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).''.

    (c) Retired Law Enforcement Officers.--Section 926C of title 18,
    United States Code is amended--
    (1) in subsection (c)--
    (A) in paragraph (1)--

    [[Page 2856]]

    (i) by striking ``retired'' and inserting
    ``separated from service''; and
    (ii) by striking ``, other than for reasons of
    mental instability'';
    (B) in paragraph (2), by striking ``retirement'' and
    inserting ``separation'';
    (C) in paragraph (3)--
    (i) in subparagraph (A), by striking
    ``retirement, was regularly employed as a law
    enforcement officer for an aggregate of 15 years
    or more'' and inserting ``separation, served as a
    law enforcement officer for an aggregate of 10
    years or more''; and
    (ii) in subparagraph (B), by striking
    ``retired'' and inserting ``separated'';
    (D) by striking paragraph (4) and inserting the
    following:
    ``(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;''; and
    (E) by striking paragraph (5) and replacing it with
    the following:
    ``(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);'';
    (2) in subsection (d)--
    (A) paragraph (1)--
    (i) by striking ``retired'' and inserting
    ``separated''; and
    (ii) by striking ``to meet the standards'' and
    all that follows through ``concealed firearm'' and
    inserting ``to meet the active duty standards for
    qualification in firearms training as established
    by the agency to carry a firearm of the same type
    as the concealed firearm'';
    (B) paragraph (2)--
    (i) in subparagraph (A), by striking
    ``retired'' and inserting ``separated''; and
    (ii) in subparagraph (B), by striking ``that
    indicates'' and all that follows through the
    period and inserting ``or by a certified firearms
    instructor that is qualified to conduct a firearms
    qualification test for active duty officers within
    that State that indicates

    [[Page 2857]]

    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.'';
    and
    (3) by striking subsection (e) and inserting the following:

    ``(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 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.''.

    Approved October 12, 2010.

    LEGISLATIVE HISTORY--S. 1132:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 111-233 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    May 13, considered and passed Senate.
    Sept. 29, considered and passed House.