Citation(s) from the GunPolicy.org literature library

USA. 2004 ‘Exemption of Qualified Law Enforcement Officers from State Laws Prohibiting the Carrying of Concealed Firearms.’ Law Enforcement Officers Safety Act of 2004, Public Law 108–277, Title 18, United States Code - Firearms; Chapter 44 (Section 926B), pp. 1-2. Washington, DC: Congress of the United States. 22 July

Relevant contents

SEC. 2. Exemption of Qualified Law Enforcement Officers from State Laws Prohibiting the Carrying of Concealed Firearms

"§ 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 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 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;
"(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
"(6) is not prohibited by Federal law from receiving a 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) any destructive device (as defined in section 921 of this title)."….

ID: Q6771

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