S 727 IS

To exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed firearms and to allow States to enter into compacts to recognize other States' concealed weapons permits.

March 25, 1999

Mr. CAMPBELL (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed firearms and to allow States to enter into compacts to recognize other States' concealed weapons permits.

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 Protection Act of 1999'.

SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER 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 current and former law enforcement officers

`(a) IN GENERAL- Notwithstanding any provision of the law of any State or any political subdivision of a State, an individual may carry a concealed firearm if that individual is--

`(1) a qualified law enforcement officer or a qualified former law enforcement officer; and

`(2) carrying appropriate written identification.

`(b) EFFECT ON OTHER LAWS-

`(1) COMMON CARRIERS- Nothing in this section shall be construed to exempt from section 46505(B)(1) of title 49--

`(A) a qualified law enforcement officer who does not meet the requirements of section 46505(D) of title 49; or

`(B) a qualified former law enforcement officer.

`(2) FEDERAL LAWS- Nothing in this section shall be construed to supersede or limit any Federal law or regulation prohibiting or restricting the possession of a firearm on any Federal property, installation, building, base, or park.

`(3) STATE LAWS- Nothing in this section shall be construed to supersede or limit the laws of any State that--

`(A) grant rights to carry a concealed firearm that are broader than the rights granted under this section;

`(B) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(C) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(4) DEFINITIONS- In this section:

`(A) APPROPRIATE WRITTEN IDENTIFICATION- The term `appropriate written identification' means, with respect to an individual, a document that--

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

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

`(B) QUALIFIED LAW ENFORCEMENT OFFICER- The term `qualified law enforcement officer' means an individual who--

`(i) is presently authorized by law to engage in or supervise the prevention, detection, or investigation of any violation of criminal law;

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

`(iii) meets any requirements established by the agency with respect to firearms; and

`(iv) is not the subject of a disciplinary action by the agency that prevents the carrying of a firearm.

`(C) QUALIFIED FORMER LAW ENFORCEMENT OFFICER- The term `qualified former law enforcement officer' means, an individual who is--

`(i) retired from service with a public agency, other than for reasons of mental disability;

`(ii) immediately before such retirement, was a qualified law enforcement officer with that public agency;

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

`(iv) was not separated from service with a public agency due to a disciplinary action by the agency that prevented the carrying of a firearm;

`(v) meets the requirements established by the State in which the individual resides with respect to--

`(I) training in the use of firearms; and

`(II) carrying a concealed weapon; and

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

`(D) FIREARM- The term `firearm' means, any firearm that has, or of which any component has, traveled in interstate or foreign commerce.'.

(b) CLERICAL AMENDMENT- The chapter analysis for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified current and former law enforcement officers.'.

SEC. 3. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS.

(a) IN GENERAL- The consent of Congress is given to any 2 or more States--

(1) to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed weapons as dictated by laws of the State within which the owner of the weapon resides and is authorized to carry a concealed weapon; and

(2) to establish agencies or guidelines as they may determine to be appropriate for making effective such agreements and compacts.

(b) RESERVATION OF RIGHTS- The right to alter, amend, or repeal this section is hereby expressly reserved by Congress.

END