This post cause quite a ruckus on another forum. What do you think?
President Bush signs H.R. 218; Exempting active and retired law
enforcement officers from State laws that prohibit the carrying of
concealed firearms.
The White House, Washington, D.C.
July 22, 2004
STATEMENT BY THE PRESS SECRETARY
On Thursday, July 22, 2004, the President signed into law H.R. 218,
the Law Enforcement Officers Safety Act of 2004," which exempts
qualified active and retired law enforcement officers from State laws
that prohibit the carrying of concealed firearms.
TEXT of H.R. 218 as passed by The Congress of the United States of
America and signed into law by The President:
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
An Act
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:
`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;
`(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:
`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 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 officers.'.
I think it's a very good thing, and naturally I want the same for civilian carriers. The only way we're going to effectively fight crime nationwide is to put fear back into the criminals. Even they know that getting a wallet or electronics is not worth taking a bullet.
This bill reinforces the gov't oppression of us and our second amendment rights. This law creates a new class system in which only some of the population can enjoy the rights granted under the second amendment. The rest of us aren't worthy.
how could anyone see this as bad? unless qualified means cops who have gone off the deep end and think they are Chuck Norris "texas Ranger"
I've seen some "qualified" LEO's who only go to the range a few times a year. But the fact remains that they are entrusted with the responsibility on the job. Why wouldn't they be treated the same off the job?
We're all citizens, we all have the right to keep and bear arms, and we all have a stake in defending ourselves and others.
I don't know about "Walker: Texas Ranger", but I'm OK with cops who think like "Lone Wolf McQuaid".
This bill reinforces the gov't oppression of us and our second amendment rights. This law creates a new class system in which only some of the population can enjoy the rights granted under the second amendment. The rest of us aren't worthy.
Interesting point, but the police carry weapons already! What difference does it make if they cross state lines? The LEO's there are armed as well!
The bottom line is that there are more inviduals out and about who are in a position to deter and defend against criminals. Bravo!
Not just LEO's but retired LEO's as well. There not LEO's anymore, but they have access to the second amendment in a way that you and I do not.
The principle of preferential treatment of active and retired police with respect to carry is very upsetting to me, but the fact remains that when more law-abiding citizens carry guns, fewer criminals victimize people.
The principle of preferential treatment of active and retired police with respect to carry is very upsetting to me, but the fact remains that when more law-abiding citizens carry guns, fewer criminals victimize people.
I feel that way too. But I also agree with the other side of the argument. I'm torn, I guess. In the end, it's law, and I don't think it's bad.
I just don't like saying thank you for table scraps, when I deserve the full dinner.[&:]
National CCW
