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

(a) A qualified law enforcement officer carrying the right ID may carry a concealed firearm. This is true even if state or local law says otherwise. The firearm must have moved through interstate or foreign commerce at some point. This right is limited by what subsection (b) says. (b) This section does not cancel two kinds of state law. States can still let private property owners ban concealed firearms on their own property. States can also still restrict firearms on state or local government property, like buildings, bases, or parks. (c) A "qualified law enforcement officer" is a government agency employee who meets six tests. The officer must be legally authorized to investigate, prosecute, or supervise law violations. The officer must also have arrest powers under a specific military-justice statute. The agency must authorize the officer to carry a firearm. The officer must not face discipline that could suspend or end their police powers. The officer must meet any firearm-qualification standard the agency has set. The officer must not be under the influence of alcohol or another intoxicating drug. The officer must not be barred by federal law from receiving a firearm. (d) The required ID is a photo ID from the officer's agency. It must show the person as a police or law enforcement officer. (e) "Firearm" generally has the same meaning as in section 921. It includes ammunition, unless federal law or the National Firearms Act specifically bans that ammunition. It does not include machineguns, firearm silencers, or destructive devices. (f) Some other officers automatically count as qualifying employees. These include Amtrak Police officers, Federal Reserve officers, and federal executive branch law enforcement officers.

The record. According to the source credit, this section was added to Title 18 by Public Law 108-277, § 2(a), enacted July 22, 2004, and published at 118 Stat. 865. The credit further indicates the section was subsequently amended twice: by Public Law 111-272, § 2(a) and (b), on October 12, 2010, and by Public Law 112-239 (a defense authorization measure), division A, title X, § 1089(1), on January 2, 2013. Beyond these citations, the source credit does not describe the substantive content of each amendment. Historical context. Public Law 108-277 is commonly known as the Law Enforcement Officers Safety Act of 2004. This Act is generally understood to have been enacted to allow qualified active and retired law enforcement officers to carry concealed firearms across state lines, addressing concerns that officers' authority to carry a concealed weapon for personal protection was otherwise limited to the jurisdiction employing them or by varying state concealed-carry laws. The commonly cited purpose was to provide consistent nationwide authority for eligible officers, subject to certain conditions and exceptions, such as those found in this section. The 2010 and 2013 amendments appear, based on their placement within a subsequent defense authorization act, to reflect legislative refinements or expansions of the statute's scope, such as extending coverage to additional categories of law enforcement personnel. However, the record here does not establish the specific legislative intent or reasoning behind these particular amendments, and no further detail should be inferred beyond what the source credit reflects.