18 U.S.C. § 926C — Carrying of concealed firearms by qualified retired law enforcement officers

submitted 22 years ago by Pub. L. 108-277 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 902 words · no verdicts yet

in plain englishAI-generated · not legal advice

Qualified retired law enforcement officers may carry a concealed firearm in any state if they carry required identification. This overrides most state and local gun laws. States may still restrict guns on private and government property. Officers must also meet strict service, training, and fitness conditions.

(a) A qualified retired law enforcement officer may carry a concealed firearm anywhere in the country. This overrides state and local gun laws, but only if the officer carries the required ID under subsection (d). (b) This section does not stop states from letting private property owners restrict concealed guns on their own land. States may still ban firearms on government property, buildings, or parks. (c) To count as "qualified," a retired officer must meet several conditions. They left their agency in good standing after having legal authority to enforce laws and make arrests. They served as an officer for at least 10 years, or left earlier because of a job-related disability. Within the last 12 months, they passed a firearms test at their own expense, using standards set by their old agency or their home state. They must not have been found unfit to carry a gun for mental health reasons. They cannot be impaired by alcohol or drugs. Federal law must not otherwise forbid them from owning a gun. (d) The officer must carry specific photo identification. It must be issued by their old agency and show they passed a firearms test within the past year. Alternatively, they can carry that agency ID plus a separate certification from their state, or a certified instructor, confirming they passed a similar test. (e) "Firearm" has the same meaning as in section 921 and includes ammunition. It does not include machine guns, silencers, or destructive devices. "Service with a public agency" also covers work as an Amtrak police officer or a Federal Reserve police officer. It also covers law enforcement work in the federal executive branch.

facts

- Codified at 18 U.S.C. § 926C, titled "Carrying of concealed firearms by qualified retired law enforcement officers." - Enacted by Pub. L. 108-277, § 3(a), on July 22, 2004 (118 Stat. 866). - Amended twice thereafter: by Pub. L. 111-272 (2010) and Pub. L. 112-239 (2013), for a total of 3 source-credit references. - The section comprises 902 words across five subsections (a)–(e).

the actual law source: uscode.house.gov ↗public domain

(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)

separated from service in good standing from service with a public agency as a law enforcement officer;

(2)

before such separation, 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 or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

(3)

(A)

before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or

(B)

separated 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)

during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State;

(5)

(A)

has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in subsection (d)(1); or

(B)

has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection (d)(1);

(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 separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and 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 active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm; or

(2)

(A)

(B)

a certification issued by the State in which the individual resides or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met—

(I)

the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or

(II)

if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.

(e)

As used in this section—

(1)

the term “firearm”—

(A)

except as provided in this paragraph, has the same meaning as in section 921 of this title;

(B)

includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and

(C)

does not include—

(i)

any machinegun (as defined in section 5845 of the National Firearms Act);

(ii)

any firearm silencer (as defined in section 921 of this title); and

(iii)

any destructive device (as defined in section 921 of this title); and

(2)

the term “service with a public agency as a law enforcement officer” includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.

Source credit: (Added Pub. L. 108–277, § 3(a), July 22, 2004, 118 Stat. 866; amended Pub. L. 111–272, § 2(c), Oct. 12, 2010, 124 Stat. 2855; Pub. L. 112–239, div. A, title X, § 1089(2), Jan. 2, 2013, 126 Stat. 1971.)

history & why it existsrecord from the source credit

2004Enacted · Pub. L. 108-277 · 118 Stat. 866
2010Amended · Pub. L. 111-272 · 124 Stat. 2855
2013Amended · Pub. L. 112-239 · 126 Stat. 1971

The record shows that this section was added by Public Law 108–277, § 3(a), enacted July 22, 2004, and published at 118 Stat. 866. The source credit further indicates that the section has since been amended twice: by Public Law 111–272, § 2(c), on October 12, 2010, and by Public Law 112–239, division A, title X, § 1089(2), on January 2, 2013. Beyond these citations, the source credit does not describe the substance of each amendment. Public Law 108–277 is commonly known as the Law Enforcement Officers Safety Act of 2004. The Act is generally understood to have been enacted to allow qualified current and retired law enforcement officers to carry concealed firearms across state lines, notwithstanding varying state and local restrictions, in recognition of officers' ongoing safety needs and their training in firearms handling. The broader legislative context of the mid-2000s reflected concerns about officer safety extending beyond active duty, as well as interest in providing a uniform federal standard rather than a patchwork of state concealed-carry laws for this specific population. The 2010 and 2013 amendments likely refined eligibility, identification, or definitional provisions, given their placement within broader public laws addressing law enforcement and defense-related matters, but the source credit does not specify their content. Accordingly, the record does not establish the particular legislative intent behind those amendments, and no further detail should be inferred beyond what the citations themselves confirm.

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