118 STAT. 866 PUBLIC LAW 108–277—JULY 22, 2004 ‘‘(5) is not under the influence of alcohol or another intoxi cating or hallucinatory drug or substance; and ‘‘(6) is not prohibited by Federal law from receiving a firearm. ‘‘(d) The identification required by this subsection is the photo graphic identification issued by the governmental agency for which the individual is employed as a law enforcement officer. ‘‘(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) any destructive device (as defined in section 921 of this title).’’. (b) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by inserting after the item relating to section 926A the following: ‘‘926B. Carrying of concealed firearms by qualified law enforcement officers.’’. SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFI CERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS. (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 retire ment plan of the agency;
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