118 STAT. 865 PUBLIC LAW 108–277—JULY 22, 2004 Public Law 108–277 108th Congress An Act To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. 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 of 2004’’. SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS. (a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following: ‘‘§ 926B. Carrying of concealed firearms by qualified 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 law enforcement officer and who is carrying the identi fication required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign com merce, 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 law enforcement officer’ means an employee of a governmental agency who— ‘‘(1) 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; ‘‘(2) is authorized by the agency to carry a firearm; ‘‘(3) is not the subject of any disciplinary action by the agency; ‘‘(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm; Law Enforcement Officers Safety Act of 2004. 18 USC 921 note. July 22, 2004 [H.R. 218]
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