Text: S.1132 — 111th Congress (2009-2010)
10/12/2010 Became Public Law No: 111-272
Shown Here:
Enrolled Bill (09/30/2010)
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 1132 Enrolled Bill (ENR)]
S.1132
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend title 18, United States Code, to improve the provisions
relating to the carrying of concealed weapons by law enforcement
officers, and for other purposes.
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
Improvements Act of 2010''.
SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF
TITLE 18.
(a) In General.--Section 926B of title 18, United States Code, is
amended--
(1) in subsection (c)(3), by inserting ``which could result in
suspension or loss of police powers'' after ``agency''; and
(2) by adding at the end the following:
``(f) For the purposes of this section, a law enforcement officer
of the Amtrak Police Department, a law enforcement officer of the
Federal Reserve, or a law enforcement or police officer of the
executive branch of the Federal Government qualifies as an employee of
a governmental agency who 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.''.
(b) Active Law Enforcement Officers.--Section 926B of title 18,
United States Code is amended by striking subsection (e) and inserting
the following:
``(e) As used in this section, the term `firearm'--
``(1) except as provided in this subsection, has the same
meaning as in section 921 of this title;
``(2) includes ammunition not expressly prohibited by Federal
law or subject to the provisions of the National Firearms Act; and
``(3) does not include--
``(A) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(B) any firearm silencer (as defined in section 921 of
this title); and
``(C) any destructive device (as defined in section 921 of
this title).''.
(c) Retired Law Enforcement Officers.--Section 926C of title 18,
United States Code is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``retired'' and inserting ``separated
from service''; and
(ii) by striking ``, other than for reasons of mental
instability'';
(B) in paragraph (2), by striking ``retirement'' and
inserting ``separation'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``retirement, was
regularly employed as a law enforcement officer for an
aggregate of 15 years or more'' and inserting ``separation,
served as a law enforcement officer for an aggregate of 10
years or more''; and
(ii) in subparagraph (B), by striking ``retired'' and
inserting ``separated'';
(D) by striking paragraph (4) and inserting the following:
``(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;'';
and
(E) by striking paragraph (5) and replacing it with the
following:
``(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);'';
(2) in subsection (d)--
(A) paragraph (1)--
(i) by striking ``retired'' and inserting
``separated''; and
(ii) by striking ``to meet the standards'' and all that
follows through ``concealed firearm'' and inserting ``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'';
(B) paragraph (2)--
(i) in subparagraph (A), by striking ``retired'' and
inserting ``separated''; and
(ii) in subparagraph (B), by striking ``that
indicates'' and all that follows through the period and
inserting ``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.''; and
(3) by striking subsection (e) and inserting the following:
``(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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
