"Law
Enforcement Officers Safety Act of 2004"
[[Page
118 STAT. 865]]
Public
Law 108-277
108th
Congress
An
Act
former
law enforcement officers from State laws prohibiting the carrying
of concealed handguns. <<NOTE: July 22, 2004 - [H.R. 218]>>
Be it enacted by the Senate and House of Representatives of the
United
States of America in Congress assembled, <<NOTE: Law Enforcement
Officers
Safety Act of 2004. 18 USC 921 note.>>
SECTION
1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Safety Act
of
2004''.
SEC.
2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended
by inserting after section 926A the following:
``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, 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;
or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building,
base, or park.
``(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;
``(2) is authorized by the agency to carry a firearm;
``(3) is not the subject of any disciplinary action by the
agency;
``(4) meets standards, if any, established by the agency
which require the employee to regularly qualify in the use of a
firearm;
[[Page
118 STAT. 866]]
``(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 as a law enforcement officer.
``(e) As used in this section, the term `firearm' does not include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer
(as defined in section 921 of
this title); and
``(3) any destructive device (as defined in section 921 of
this title).''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended
by inserting after the item relating to section 926A the
following:
``926B.
Carrying of concealed firearms by qualified law enforcement
officers.''.
SEC.
3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM
STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
further
amended by inserting after section 926B the following:
``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, 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;
or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified retired law
enforcement
officer' means an individual who--
``(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons of
mental instability;
``(2) before such retirement, 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;
``(3)(A) before such retirement, was regularly employed as a
law enforcement officer for an aggregate of 15 years or more; or
``(B) retired 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) has a nonforfeitable right to benefits under the
retirement plan of the agency;
[[Page
118 STAT. 867]]
``(5) during the most recent 12-month period, has met, at
the expense of the individual, the State's standards for
training and qualification for active law enforcement officers
to carry firearms;
``(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 retired from service as a law
enforcement officer that 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 standards established by the agency
for training and qualification for active law enforcement
officers to carry a firearm of the same type as the concealed
firearm; or
``(2)(A) a photographic identification issued by the agency
from which the individual retired from service as a law
enforcement officer; and
``(B) a
certification issued by the State in which the
individual resides that 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 State to meet the standards established by the State for
training and qualification for active law enforcement officers
to carry a firearm of the same type as the concealed firearm.
``(e) As used in this section, the term `firearm' does not include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of
this title); and
``(3) a destructive
device (as defined in section 921 of
this title).''.
(b) Clerical Amendment.--The table of sections for such chapter is
further
amended by inserting after the item relating to section 926B the
following:
``926C.
Carrying of concealed firearms by qualified retired law
enforcement officers.''.
Approved July 22, 2004.
LEGISLATIVE
HISTORY--H.R. 218 (S. 253):
---------------------------------------------------------------------------
HOUSE
REPORTS: No. 108-560 (Comm. on the Judiciary).
SENATE
REPORTS: No. 108-29 accompanying S. 253 (Comm. on the Judiciary).
CONGRESSIONAL
RECORD, Vol. 150 (2004):
June 23, considered and passed House.
July 7, considered and passed Senate.
Copyright 1999-2009
International Police Association Region 43
Updated October 12, 2009