[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:
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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.