H.R. 2726House110th Congress (2007-2009)In Committee

Law Enforcement Officers Safety Act of 2007

Introduced June 14, 2007

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Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

July 16, 2007

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HouseIntro Referral

Introduced in House

June 14, 2007

HouseIntro Referral

Referred to the House Committee on the Judiciary.

June 14, 2007

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

July 16, 2007

Bill Text

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Introduced in HouseIssued June 14, 2007

I

110th CONGRESS

1st Session

H. R. 2726

IN THE HOUSE OF REPRESENTATIVES

June 14, 2007

Mr. Forbes (for himself, Mr. Gohmert, Mr. Smith of Texas, Mr. Chabot, Mr. Buchanan, and Mr. Boozman) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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.

1.

Short title

This Act may be cited as the Law Enforcement Officers Safety Act of 2007.

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)—

(A)

in paragraph (1), by inserting (or apprehension) after arrest; and

(B)

in paragraph (3), by inserting which could result in suspension or loss of police powers before the semicolon;

(2)

by striking subsection (e) and inserting the following:

(e)

As used in this section, the term ‘firearm’ has the same meaning as defined in section 921 of this title and is deemed to include ammunition and accessories the possession of which is not expressly prohibited by Federal law, or which are not subject to the provisions of the National Firearms Act, but 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); or

(3)

any destructive device (as defined in section 921 of this title).

; and

(3)

by adding at the end the following:

(f)

For purposes of this section, a law enforcement officer of the Amtrak Police Department 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).

.

(b)

Retired law enforcement officers

Section 926C of title 18, United States Code, is amended—

(1)

in subsection (c)—

(A)

in paragraph (1), by striking retired in good standing from service with a public agency and inserting departed in good standing from service with a public agency after completing an aggregate of at least 15 years of service with the agency;

(B)

in paragraph (2)—

(i)

by striking retirement and inserting departure ; and

(ii)

by inserting (or apprehension) after arrest;

(C)

by striking paragraphs (4) and (5) 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 set by the officer’s former agency, the State in which the officer resides or a law enforcement agency within the State in which the officer resides;

; and

(D)

by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively;

(2)

in subsection (d)—

(A)

in paragraph (1), by striking 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 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 or; and

(B)

in paragraph (2)(B), by striking 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. and inserting

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.

;

(3)

by striking subsection (e) and inserting the following:

(e)

As used in this section, the term ‘firearm’ has the same meaning as defined in section 921 of this title and is deemed to include ammunition and accessories the possession of which is not expressly prohibited by Federal law, or which are not subject to the provisions of the National Firearms Act, but 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); or

(3)

any destructive device (as defined in section 921 of this title).

; and

(4)

by adding at the end the following:

(f)

In this section, the term service with a public agency as a law enforcement officer includes service as a law enforcement officer of the Amtrak Police Department or as a law enforcement or police officer of the executive branch of the Federal Government.

.