18 U.S.C. § 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)

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

(2)

section 807(b) of title 10 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 , 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)

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

(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)

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

(iii)

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

Pub. L. 108–277, § 3(a)July 22, 2004118 Stat. 866 Pub. L. 111–272, § 2(c)Oct. 12, 2010124 Stat. 2855 Pub. L. 112–239, div. A, title X, § 1089(2)Jan. 2, 2013126 Stat. 1971(Added , , ; amended , , ; , , .)

Editorial Notes

References in Text

section 5849 of Title 26 section 5845 of Title 26The National Firearms Act, referred to in subsec. (e)(1)(B), (C)(i), is classified generally to chapter 53 (§ 5801 et seq.) of Title 26, Internal Revenue Code. See . Section 5845 of such Act is classified to .

Amendments

Pub. L. 112–239, § 1089(2)(A)section 807(b) of title 102013—Subsec. (c)(2). , inserted “or apprehension under , United States Code (article 7(b) of the Uniform Code of Military Justice)” after “arrest”.

Pub. L. 112–239, § 1089(2)(B)(i)Subsec. (d)(1). , substituted “that identifies the person as having been employed as a police officer or law enforcement officer and indicates” for “that indicates”.

Pub. L. 112–239, § 1089(2)(B)(ii)Subsec. (d)(2)(A). , inserted “that identifies the person as having been employed as a police officer or law enforcement officer” after “officer”.

Pub. L. 111–272, § 2(c)(1)(A)2010—Subsec. (c)(1). , substituted “separated from service” for “retired” and struck out “, other than for reasons of mental instability” after “officer”.

Pub. L. 111–272, § 2(c)(1)(B)Subsec. (c)(2). , substituted “separation” for “retirement”.

Pub. L. 111–272, § 2(c)(1)(C)(i)Subsec. (c)(3)(A). , substituted “separation, served as a law enforcement officer for an aggregate of 10 years or more” for “retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more”.

Pub. L. 111–272, § 2(c)(1)(C)(ii)Subsec. (c)(3)(B). , substituted “separated” for “retired”.

Pub. L. 111–272, § 2(c)(1)(D)Subsec. (c)(4). , added par. (4) and struck out former par. (4) which read as follows: “has a nonforfeitable right to benefits under the retirement plan of the agency;”.

Pub. L. 111–272, § 2(c)(1)(E)Subsec. (c)(5). , added par. (5) and struck out former par. (5) which read as follows: “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;”.

Pub. L. 111–272, § 2(c)(2)(A)Subsec. (d)(1). , substituted “separated” for “retired” and “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” for “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”.

Pub. L. 111–272, § 2(c)(2)(B)(i)Subsec. (d)(2)(A). , substituted “separated” for “retired”.

Pub. L. 111–272, § 2(c)(2)(B)(ii)Subsec. (d)(2)(B). , substituted “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—” for “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.” and added cls. (I) and (II).

Pub. L. 111–272, § 2(c)(3)Subsec. (e). , added subsec. (e) and struck out former subsec. (e) which read as follows: “As used in this section, the term ‘firearm’ does not include—

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

section 921 of this title“(2) any firearm silencer (as defined in ); and

section 921 of this title“(3) a destructive device (as defined in ).”