LEOS 2007(as it would read after S. 376 Amendments)
I, for one, find it confusing skipping back and forth from the section dealing with LEO retirees in LEOSA 2004 to S. 376 trying to figure out how LEOSA 2007 in will read IF AND WHEN it's passed. I took a little time to "strike" and "insert" where appropriate with the following results. I apologize for any inadvertent errors on my part that I may have made during this transition. I hope my efforts prove helpful.
Section 926C. Carrying of concealed firearms by qualified retired law enforcement officers
“(a) Notwithstanding any other provision of the law of any State or political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subdivision (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 incarnation of any person for, any violation of law, and had statutory powers of arrest;
“(3)(A) before such retirement, served as a law enforcement officer for an aggregate of 10 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) 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 set by the officer’s former agency, the State in which the officer resides or a law enforcement agency within the State in which the officer resides;’; and
“(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.
“(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 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’; and
“(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 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
“(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).”.
“(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, of the incarceration of any person for, any violation of law, and has statutory powers of arrest.’.
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