HR 492 IH

To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry certain concealed firearms in the State, and to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

February 2, 1999

Mr. STEARNS (for himself, Mr. SMITH of Washington, Mr. HALL of Texas, Mr. BACHUS, Mr. HOLDEN, Mr. NETHERCUTT, Mr. YOUNG of Alaska, Mrs. EMERSON, Mr. HOSTETTLER, Mr. GREEN of Texas, Mr. CRAMER, Mr. COMBEST, Mr. RAHALL, and Mr. BARCIA) introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry certain concealed firearms in the State, and 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. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS BY NONRESIDENTS.

(a) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`Sec. 926B. National standard for the carrying of certain concealed firearms by nonresidents

`(a) Notwithstanding any provision of the law of any State or political subdivision thereof, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and is carrying a valid license or permit which is issued by a State and which permits the person to carry a concealed firearm (other than a machinegun or destructive device) may carry in another State a concealed firearm (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b)(1) If such other State issues licenses or permits to carry concealed firearms, the person may carry a concealed firearm in the State under the same restrictions which apply to the carrying of a concealed firearm by a person to whom the State has issued such a license or permit.

`(2) If such other State does not issue licenses or permits to carry concealed firearms, the person may not, in the State, carry a concealed firearm in a police station, in a public detention facility, in a courthouse, in a public polling place, at a meeting of a State, county, or municipal governing body, in a school, at a professional or school athletic event not related to firearms, in a portion of an establishment licensed by the State to dispense alcoholic beverages for consumption on the premises, or inside the sterile or passenger area of an airport, except to the extent expressly permitted by State law.'.

(b) CLERICAL AMENDMENT- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. National standard for the carrying of certain concealed firearms by nonresidents.'.

SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED HANDGUNS.

(a) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by inserting after section 926B, as added by section 1(a) of this Act, the following:

`Sec. 926C. Carrying of concealed handguns by qualified current and former 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 or a qualified former law enforcement officer and who is carrying appropriate written identification of such status may carry a concealed handgun.

`(b) As used in this section:

`(1) The term `qualified law enforcement officer' means an officer, agent, or employee of a public agency who--

`(A) is a law enforcement officer;

`(B) is authorized by the agency to carry a firearm in the course of duty;

`(C) is not the subject of any disciplinary action by the agency; and

`(D) meets such requirements as have been established by the agency with respect to firearms.

`(2) The term `qualified former law enforcement officer' means an individual who--

`(A) retired from service with a public agency as a law enforcement officer, other than for reasons of mental disability;

`(B) immediately before such retirement, was a qualified law enforcement officer;

`(C) has a nonforfeitable right to benefits under the retirement plan of the agency;

`(D) meets such requirements as have been established by the State in which the individual resides with respect to training in the use of firearms; and

`(E) is not prohibited by Federal law from receiving a firearm.

`(3) The term `law enforcement officer' means an individual authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law, and includes corrections, probation, parole, and judicial officers.

`(4) The term `appropriate written identification' means, with respect to an individual, a document which--

`(A) was issued to the individual by the public agency with which the individual serves or served as a law enforcement officer; and

`(B) identifies the holder of the document as a current or former officer, agent, or employee of the agency.'.

(b) CLERICAL AMENDMENT- The table of sections for such chapter is amended by inserting after the item added by section 1(b) of this Act the following:

`926C. Carrying of concealed handguns by qualified current and former law enforcement officers.'.

(c) EFFECTIVE DATE- The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.

END