§ 926C. Carrying of concealed firearms by qualified retired law enforcement officers

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2004

   Law Enforcement Officers Safety Act of 2004

   Pub. L. 108–277 § 3(a) · 118 Stat. 865

   Enacted · 18 U.S.C. § 926C

   Added Pub. L. 108–277, § 3(a), July 22, 2004, 118 Stat. 866

   Source evidence

   Code source credit
   Added Pub. L. 108–277, § 3(a), July 22, 2004, 118 Stat. 866

   Enacted provision · exact public law section
   (a) In General.— Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following: “§ 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 “(3) a destructive device (as defined in section 921 of this title).” .

2. 2010

   Law Enforcement Officers Safety Act Improvements Act of 2010

   Pub. L. 111–272 § 2(c)(1)(A) · 124 Stat. 2855

   1. Substituted · 18 U.S.C. § 926C(c)(1)

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

   2. Struck · 18 U.S.C. § 926C(c)(1)

      Pub. L. 111–272, § 2(c)(1)(A), struck out “, other than for reasons of mental instability” after “officer”

   Source evidence

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

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking “retired” and inserting “separated from service”; and (ii) by striking “, other than for reasons of mental instability”;

3. 2010

   Law Enforcement Officers Safety Act Improvements Act of 2010

   Pub. L. 111–272 § 2(c)(1)(B) · 124 Stat. 2855

   Substituted · 18 U.S.C. § 926C(c)(2)

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

   Source evidence

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

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “retirement” and inserting “separation”;

4. 2010

   Law Enforcement Officers Safety Act Improvements Act of 2010

   Pub. L. 111–272 § 2(c)(1)(C)(i) · 124 Stat. 2855

   Substituted · 18 U.S.C. § 926C(c)(3)(A)

   Pub. L. 111–272, § 2(c)(1)(C)(i), 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”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 111–272, § 2(c)(1)(C)(i), 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”.

   Enacted provision · exact public law section
   (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

5. 2010

   Law Enforcement Officers Safety Act Improvements Act of 2010

   Pub. L. 111–272 § 2(c)(1)(C)(ii) · 124 Stat. 2855

   Substituted · 18 U.S.C. § 926C(c)(3)(B)

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

   Source evidence

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

   Enacted provision · exact public law section
   (ii) in subparagraph (B), by striking “retired” and inserting “separated”;

6. 2010

   Law Enforcement Officers Safety Act Improvements Act of 2010

   Pub. L. 111–272 § 2(c)(1)(D) · 124 Stat. 2855

   1. Added · 18 U.S.C. § 926C(c)(4)

      Pub. L. 111–272, § 2(c)(1)(D), added par. (4)

   2. Struck · 18 U.S.C. § 926C(c)(4)

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

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 111–272, § 2(c)(1)(D), 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;”.

   Enacted provision · exact public law section
   (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

7. 2010

   Law Enforcement Officers Safety Act Improvements Act of 2010

   Pub. L. 111–272 § 2(c)(1)(E) · 124 Stat. 2855

   1. Added · 18 U.S.C. § 926C(c)(5)

      Pub. L. 111–272, § 2(c)(1)(E), added par. (5)

   2. Struck · 18 U.S.C. § 926C(c)(5)

      Pub. L. 111–272, § 2(c)(1)(E), 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;”

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 111–272, § 2(c)(1)(E), 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;”.

   Enacted provision · exact public law section
   (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);” ;

8. 2010

   Law Enforcement Officers Safety Act Improvements Act of 2010

   Pub. L. 111–272 § 2(c)(2)(A) · 124 Stat. 2855

   1. Substituted · 18 U.S.C. § 926C(d)(1)

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

   2. Substituted · 18 U.S.C. § 926C(d)(1)

      Pub. L. 111–272, § 2(c)(2)(A), substituted “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”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 111–272, § 2(c)(2)(A), 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”.

   Enacted provision · exact public law section
   (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”;

9. 2010

   Law Enforcement Officers Safety Act Improvements Act of 2010

   Pub. L. 111–272 § 2(c)(2)(B)(i) · 124 Stat. 2855

   Substituted · 18 U.S.C. § 926C(d)(2)(A)

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

   Source evidence

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

   Enacted provision · exact public law section
   (i) in subparagraph (A), by striking “retired” and inserting “separated”; and

10. 2010

    Law Enforcement Officers Safety Act Improvements Act of 2010

    Pub. L. 111–272 § 2(c)(2)(B)(ii) · 124 Stat. 2855

    1. Substituted · 18 U.S.C. § 926C(d)(2)(B)

       Pub. L. 111–272, § 2(c)(2)(B)(ii), 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.”

    2. Added · 18 U.S.C. § 926C(d)(2)(B)

       Pub. L. 111–272, § 2(c)(2)(B)(ii), added cls. (I) and (II)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 111–272, § 2(c)(2)(B)(ii), 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).

    Enacted provision · exact public law section
    (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

11. 2010

    Law Enforcement Officers Safety Act Improvements Act of 2010

    Pub. L. 111–272 § 2(c)(3) · 124 Stat. 2855

    1. Added · 18 U.S.C. § 926C(e)

       Pub. L. 111–272, § 2(c)(3), added subsec. (e)

    2. Struck · 18 U.S.C. § 926C(e)

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

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–272, § 2(c)(3), 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); “(2) any firearm silencer (as defined in section 921 of this title); and “(3) a destructive device (as defined in section 921 of this title).”

    Enacted provision · exact public law section
    (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.” .

12. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1089(2)(A) · 126 Stat. 1632

    Inserted · 18 U.S.C. § 926C(c)(2)

    Pub. L. 112–239, § 1089(2)(A), inserted “or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)” after “arrest”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 112–239, § 1089(2)(A), inserted “or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)” after “arrest”.

    Enacted provision · exact public law section
    (A) in subsection (c)(2), by inserting “or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)” after “arrest”; and

13. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1089(2)(B)(i) · 126 Stat. 1632

    Substituted · 18 U.S.C. § 926C(d)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “that indicates” and inserting “that identifies the person as having been employed as a police officer or law enforcement officer and indicates”; and

14. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1089(2)(B)(ii) · 126 Stat. 1632

    Inserted · 18 U.S.C. § 926C(d)(2)(A)

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

    Source evidence

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

    Enacted provision · exact public law section
    (ii) in paragraph (2)(A), by inserting “that identifies the person as having been employed as a police officer or law enforcement officer” after “officer”.

20 of 20 references resolved to an enrolled provision