[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 253 Reported in Senate (RS)]
Calendar No. 29
108th CONGRESS
1st Session
S. 253
To amend title 18, United States Code, to exempt qualified current and
former law enforcement officers from State laws prohibiting the
carrying of concealed handguns.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2003
Mr. Campbell (for himself, Mr. Leahy, Mr. Hatch, Mr. Reid, Mr. Graham
of South Carolina, Mr. Schumer, Mr. Grassley, Mr. Dorgan, Mr. Kyl, Mr.
Edwards, Mr. Sessions, Mr. Baucus, Mr. DeWine, Mr. Warner, Ms.
Cantwell, Mr. Nickles, Mr. Conrad, Mr. Burns, Ms. Landrieu, Mr. Craig,
Mr. Domenici, Mr. Dayton, Mrs. Feinstein, Mr. Cornyn, Mrs. Lincoln, Mr.
Allen, Mr. Santorum, Mr. McConnell, Mr. Bunning, Mr. Nelson of
Nebraska, Mr. Inhofe, Ms. Stabenow, Mr. Brownback, Mr. Shelby, Mr.
Chambliss, Mr. Lott, Mr. Breaux, Ms. Collins, Mr. Crapo, Mr. Murkowski,
Mr. Cochran, Mr. Sununu, and Mrs. Boxer) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
March 6, 2003
Reported by Mr. Hatch, without amendment
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to exempt qualified current and
former law enforcement officers from State laws prohibiting the
carrying of concealed handguns.
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
of 2003''.
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; and
``(5) 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, or was, employed as a law enforcement officer.
``(e) Defined Term.--As used in this section, the term `firearm'
does not include--
``(1) any machinegun (as defined in section 5845 of title
26);
``(2) any firearm silencer (as defined in section 921); and
``(3) any destructive device (as defined in section
921).''.
(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;
``(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; and
``(6) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is
photographic identification issued by the agency for which the
individual was employed as a law enforcement officer.
``(e) Defined Term.--As used in this section, the term `firearm'
does not include--
``(1) any machinegun (as defined in section 5845 of title
26);
``(2) any firearm silencer (as defined in section 921); and
``(3) a destructive device (as defined in section 921).''.
(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.''.
Calendar No. 29
108th CONGRESS
1st Session
S. 253
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to exempt qualified current and
former law enforcement officers from State laws prohibiting the
carrying of concealed handguns.
_______________________________________________________________________
March 6, 2003
Reported without amendment