18 U.S.C. § 926C — Carrying of concealed firearms by quali-

Page 265 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 926C § 926C. Carrying of concealed firearms by quali- fied 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 com- merce, subject to subsection (b). (b) This section shall not be construed to su- persede or limit the laws of any State that— (1) permit private persons or entities to pro- hibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of fire- arms on any State or local government prop- erty, installation, building, base, or park. (c) As used in this section, the term ‘‘qualified retired law enforcement officer’’ means an indi- vidual who— (1) separated from service in good standing from service with a public agency as a law en- forcement officer; (2) before such separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any viola- tion of law, and had statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); (3)(A) before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or (B) separated from service with such agency, after completing any applicable probationary period of such service, due to a service-con- nected disability, as determined by such agen- cy; (4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms train- ing for active law enforcement officers, as de- termined by the former agency of the indi- vidual, the State in which the individual re- sides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual re- sides or the standards used by a certified fire- arms instructor that is qualified to conduct a firearms qualification test for active duty offi- cers within that State; (5)(A) has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relat- ing 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 sepa- rating 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); (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 re- ceiving a firearm. (d) The identification required by this sub- section is— (1) a photographic identification issued by the agency from which the individual sepa- rated from service as a law enforcement offi- cer that identifies the person as having been employed as a police officer or law enforce- ment officer and 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 estab- lished by the agency 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 sepa- rated from service as a law enforcement offi- cer that identifies the person as having been employed as a police officer or law enforce- ment officer; and (B) a certification issued by the State in which the individual resides or by a certified firearms instructor that is qualified to con- duct 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 in- structor that is qualified to conduct a fire- arms qualification test for active duty officers within that State to have met— (I) the active duty standards for qualifica- tion 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 enforce- ment agency within that State to carry a firearm of the same type as the concealed firearm. (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 Po- lice Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the execu- tive branch of the Federal Government. (Added Pub. L. 108–277, § 3(a), July 22, 2004, 118 Stat. 866; amended Pub. L. 111–272, § 2(c), Oct. 12, 2010, 124 Stat. 2855; Pub. L. 112–239, div. A, title X, § 1089(2), Jan. 2, 2013, 126 Stat. 1971.) Page 266 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 927 Editorial Notes REFERENCES IN TEXT The National Firearms Act, referred to in subsec. (e)(1)(B), (C)(i), is classified generally to chapter 53 (§ 5801 et seq.) of Title 26, Internal Revenue Code. See section 5849 of Title 26. Section 5845 of such Act is clas- sified to section 5845 of Title 26. AMENDMENTS 2013—Subsec. (c)(2). Pub. L. 112–239, § 1089(2)(A), in- serted ‘‘or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’. Subsec. (d)(1). Pub. L. 112–239, § 1089(2)(B)(i), sub- stituted ‘‘that identifies the person as having been em- ployed as a police officer or law enforcement officer and indicates’’ for ‘‘that indicates’’. Subsec. (d)(2)(A). Pub. L. 112–239, § 1089(2)(B)(ii), in- serted ‘‘that identifies the person as having been em- ployed as a police officer or law enforcement officer’’ after ‘‘officer’’. 2010—Subsec. (c)(1). Pub. L. 111–272, § 2(c)(1)(A), sub- stituted ‘‘separated from service’’ for ‘‘retired’’ and struck out ‘‘, other than for reasons of mental insta- bility’’ after ‘‘officer’’. Subsec. (c)(2). Pub. L. 111–272, § 2(c)(1)(B), substituted ‘‘separation’’ for ‘‘retirement’’. Subsec. (c)(3)(A). Pub. L. 111–272, § 2(c)(1)(C)(i), sub- stituted ‘‘separation, served as a law enforcement offi- cer for an aggregate of 10 years or more’’ for ‘‘retire- ment, was regularly employed as a law enforcement of- ficer for an aggregate of 15 years or more’’. Subsec. (c)(3)(B). Pub. L. 111–272, § 2(c)(1)(C)(ii), sub- stituted ‘‘separated’’ for ‘‘retired’’. 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 retire- ment plan of the agency;’’. 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;’’. 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 es- tablished by the agency to carry a firearm of the same type as the concealed firearm’’ for ‘‘to meet the stand- ards established by the agency for training and quali- fication for active law enforcement officers to carry a firearm of the same type as the concealed firearm’’. Subsec. (d)(2)(A). Pub. L. 111–272, § 2(c)(2)(B)(i), sub- stituted ‘‘separated’’ for ‘‘retired’’. Subsec. (d)(2)(B). Pub. L. 111–272, § 2(c)(2)(B)(ii), sub- stituted ‘‘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 cer- tified 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 train- ing and qualification for active law enforcement offi- cers to carry a firearm of the same type as the con- cealed firearm.’’ and added cls. (I) and (II). 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 in- clude— ‘‘(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).’’ § 927. Effect on State law No provision of this chapter shall be construed as indicating an intent on the part of the Con- gress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a di- rect and positive conflict between such provi- sion and the law of the State so that the two cannot be reconciled or consistently stand to- gether. (Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 234; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1226.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–618 struck out ‘‘or possession’’ after ‘‘State’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–618 effective Dec. 16, 1968, see section 105 of Pub. L. 90–618, set out as a note under section 921 of this title. EFFECTIVE DATE Section effective 180 days after June 19, 1968, see sec- tion 907 of Pub. L. 90–351, set out as a note under sec- tion 921 of this title. § 928. Separability If any provision of this chapter or the applica- tion thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other per- sons not similarly situated or to other cir- cumstances shall not be affected thereby. (Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 234; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1226.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–618 reenacted section without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–618 effective Dec. 16, 1968, see section 105 of Pub. L. 90–618, set out as a note under section 921 of this title. EFFECTIVE DATE Section effective 180 days after June 19, 1968, see sec- tion 907 of Pub. L. 90–351, set out as a note under sec- tion 921 of this title. § 929. Use of restricted ammunition (a)(1) Whoever, during and in relation to the commission of a crime of violence or drug traf- ficking crime (including a crime of violence or drug trafficking crime which provides for an en- hanced punishment if committed by the use of a deadly or dangerous weapon or device) for which