H.R. 3752

Law Enforcement Officers Safety Act Improvements Act of 2009

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I

111th CONGRESS

1st Session

H. R. 3752

IN THE HOUSE OF REPRESENTATIVES

October 7, 2009

Mr. Forbes 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 Improvements Act of 2009.

2.

Amendments to law enforcement officer safety provisions of title 18

(a)

Carrying of concealed firearm by qualified law enforcement officer

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 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, a law enforcement officer of the Federal Reserve System, and 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)

Carrying of concealed firearm by qualified retired law enforcement officer

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

(1)

in subsection (c)—

(A)

by striking paragraph (1) and inserting the following:

(1)

separated from service in good standing, or was honorably discharged from service, with a public agency as a law enforcement officer;

.

(B)

in paragraph (2)—

(i)

by striking retirement and inserting separation; and

(ii)

by inserting or apprehension after arrest; and

(C)

by striking paragraphs (3) through (5) and inserting the following:

(3)
(A)

before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or

(B)

separated from service with the agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by the agency;

(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 agency, the State in which the officer resides, or if the State has not established the standards, a law enforcement agency in the State in which the officer resides;

(5)
(A)

has not been found by a physician, licensed as such under State law, to not be qualified to handle a firearm for reasons related to mental health; and

(B)

has not entered into an agreement with the agency, in which the officer acknowledges he is not qualified to handle a firearm for reasons related to mental health;

;

(2)

in subsection (d)—

(A)

in paragraph (1)—

(i)

by striking retired and inserting separated; and

(ii)

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)—

(i)

in subparagraph (A), by striking retired and inserting separated; and

(ii)

by striking subparagraph (B) and inserting the following:

(B)

a certification issued by the State in which the individual resides, or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers in the State, which indicates that the individual has, not less recently than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or the certified firearms instructor 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 a law enforcement agency in the 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 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, service as a law enforcement officer of the Federal Reserve System, service as a law enforcement officer or in a primarily law enforcement capacity for a branch of the United States Armed Forces, or as a law enforcement or police officer of the executive branch of the Federal Government.

.

(c)

Possession of firearm in a school zone by qualified law enforcement officer or qualified retired law enforcement officer

Section 922(q)(2)(B)(vi) of such title is amended by inserting , a qualified law enforcement officer (as defined in section 926B(c)), or a qualified retired law enforcement officer (as defined in section 926C(c)) before the semicolon.