H.R.218
One Hundred Eighth Congress
of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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 "Law Enforcement Officers Safety Act of 2004".
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:"§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; "(3) is not the subject of any disciplinary action by the agency;"(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;"(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and"(6) is not prohibited by Federal law from receiving a firearm."(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer."(e) As used in this section, the term 'firearm' 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); and"(3) any destructive device (as defined in section 921 of this title).".(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:"§ 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 15 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, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;"(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and"(7) is not prohibited by Federal law from receiving a firearm, "(d) The identification required by this subsection is—"(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency 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"(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and"(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or 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. "(e) As used in this section, the term 'firearm' 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); and"(3) a destructive device (as defined in section 921 of this title).".(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 officer.Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Info the PBA
If you retired on July 1, 1992 or later and are currently enrolled in Blue Cross /Blue Shield, you are eligible for reinbursement of your Blue cross/BlueShield Major Medical deductions you have paid since Jan 1, 2004, must be mailed to: P & A Administrative Services Inc., 17 Court St, Suite 500, Buffalo, NY 14202-3204.
Receipts must be submitted in P & A envelopes, which may be obtained at the PBA office or at 17 Court St., Suite 500, Bflo
S. 376 Moves Out Of Committee
Friday, May 18, 2007
When the 108th Congress passed the original "Law Enforcement Officers' Safety Act of 2004" authorizing active and retired police officers to carry firearms throughout the United States it took a step forward in advancing public safety.
The premise of that law was simple: Allowing trained, active-duty and retired law enforcement officers to carry firearms could only enhance public safety. It would also allow current and former officers to defend themselves against revenge attacks by those they'd once brought to justice.
Since 2004, however, nagging issues in the original law have prevented police and the public from realizing its potential benefits. Many retirees, in particular, have complained that agencies won't make the necessary annual training available. The "Law Enforcement Officers' Safety Act of 2007" (S. 376), sponsored by Senate Judiciary Committee
Chairman Patrick Leahy (D-Vt.) and a bipartisan group of Judiciary Committee members, would fix these problems.
We are happy to report that, this week, the Senate Judiciary Committee voted to report S. 376 favorably, without any of the many anti-gun amendments Sen. Edward Kennedy (D-Mass.) had threatened to propose. The bill is now available for consideration by the full Senate.
Please contact your U.S. Senators and ask them to cosponsor and support S. 376. And please encourage your family, friends, and fellow firearm owners to do the same!
You can call your U.S. Senators at (202) 224-3121.
A companion House bill is expected to be introduced in the near future.
Below is a link to the Press Release with more information. S. 376 Moves Out Of Committee
