HR 218 IH
106th CONGRESS
1st Session
H. R. 218
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 HOUSE OF REPRESENTATIVES
January 6, 1999
Mr. CUNNINGHAM (for himself, Mr. YOUNG of Alaska, Mr. TALENT, Ms. PRYCE of
Ohio, Mr. CALLAHAN, Mr. PACKARD, Mr. TAYLOR of North Carolina, Mr. HUNTER, Mr.
CHAMBLISS, Mr. CLEMENT, Mr. HAYWORTH, Mr. SUNUNU, Ms. DANNER, Mr. GOODE, Mrs.
KELLY, Mr. EHRLICH, Mr. LATOURETTE, Mr. HILLEARY, Mr. GREEN of Texas, Mr.
RAHALL, Mr. SMITH of Washington, Mr. HERGER, Mr. PICKETT, Mr. LEWIS of Kentucky,
Mr. TIAHRT, Mr. BARR of Georgia, Mr. HOLDEN, Mr. COBURN, Mr. JENKINS, Mr.
KLECZKA, Mr. SALMON, Mr. BRYANT, Mr. HALL of Texas, Mr. LUCAS of Oklahoma, Mrs.
MYRICK, Mr. PETERSON of Pennsylvania, and Mr. CRAMER) introduced the following
bill; which was referred to the Committee on the Judiciary
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 `Community Protection Act of 1999'.
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 at all times;
`(3) is not the subject of any disciplinary action by the agency;
and
`(4) meets standards, if any, established by the agency which require
the employee to regularly qualify in the use of a firearm.
`(d) The identification required by this subsection is the official badge
and photographic identification issued by the governmental agency for which
the individual is employed as a law enforcement officer.'.
(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 5 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 or, if the agency requires
active duty officers to do so with lesser frequency than every 12 months,
during such most recent period as the agency requires with respect to active
duty officers, has completed, at the expense of the individual, a program
approved by the State for training or qualification in the use of 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 State in which the agency for which the
individual was employed as a law enforcement officer is located.'.
(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.'.
END