HR 218 Passed...
Sorry for the delayed resposnse. HR 218 gives all full time active police officers in the United States the ability to carry concealed nationwide. In addition, this also covers honorably retired officers. It makes alll the sense in the world. While I don't have a problem with CHL holders carrying their weapons, you should also understand there are additional reasons for officers to carry nationwide. I have made numerous felony arrests in my career. There have been many times when off duty and even in other states I have run into people that I have arrested or otherwise had professional dealings with. Most individuals are not happy with any officer that has taken away their liberty and caused them to go to prison.
Simply put there have been several instances over the years in which I was extremely happy that I almost always carry a weapon, whether on or off duty. By the Grace of God, I have been lucky enough I have never been involved in a shooting and hope to remain that way.
There is a huge difference between the responsibilities of a police officer and of a CHL holder. The CHL holder should be most concerned with the protection of themselves, their family and their property. While police officers have to be concerned about a much wider range of topics. We are obligated to take action in many situations On Duty or Off Duty. But even Off Duty, my first responsibility is to my family and to myself.
Be glad that this law has past allowing Police Officers Nationwide carry, it is a step in the right direction for other law abiding gun owners to be able to do the same.
Sorry for the delayed resposnse. HR 218 gives all full time active police officers in the United States the ability to carry concealed nationwide. In addition, this also covers honorably retired officers. It makes alll the sense in the world. While I don't have a problem with CHL holders carrying their weapons, you should also understand there are additional reasons for officers to carry nationwide. I have made numerous felony arrests in my career. There have been many times when off duty and even in other states I have run into people that I have arrested or otherwise had professional dealings with. Most individuals are not happy with any officer that has taken away their liberty and caused them to go to prison.
Simply put there have been several instances over the years in which I was extremely happy that I almost always carry a weapon, whether on or off duty. By the Grace of God, I have been lucky enough I have never been involved in a shooting and hope to remain that way.
There is a huge difference between the responsibilities of a police officer and of a CHL holder. The CHL holder should be most concerned with the protection of themselves, their family and their property. While police officers have to be concerned about a much wider range of topics. We are obligated to take action in many situations On Duty or Off Duty. But even Off Duty, my first responsibility is to my family and to myself.
Be glad that this law has past allowing Police Officers Nationwide carry, it is a step in the right direction for other law abiding gun owners to be able to do the same.
H.R.218: The Law Enforcement Officers Safety Act of 2004
(Enrolled as Agreed to or Passed by Both House and Senate)
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
(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:`(3) any destructive device (as defined in section 921 of this title).'.
`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
(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:`(3) a destructive device (as defined in section 921 of this title).'.
`926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.