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

Page 263 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 926B (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; Pub. L. 99–308, § 106, May 19, 1986, 100 Stat. 459; Pub. L. 103–322, title XI, § 110401(d), Sept. 13, 1994, 108 Stat. 2015; Pub. L. 107–296, title XI, § 1112(f)(6), Nov. 25, 2002, 116 Stat. 2276.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Firearms Owners’ Protection Act, referred to in subsec. (a), is the date of enactment of Pub. L. 99–308, which was approved May 19, 1986. AMENDMENTS 2002—Subsecs. (a) to (c). Pub. L. 107–296 substituted ‘‘Attorney General’’ for ‘‘Secretary’’. 1994—Subsec. (a)(3). Pub. L. 103–322 added par. (3). 1986—Subsec. (a). Pub. L. 99–308, § 106(1)–(4), des- ignated existing provision as subsec. (a), and in subsec. (a) as so designated, in provision preceding par. (1) sub- stituted ‘‘may prescribe only’’ for ‘‘may prescribe’’ and ‘‘as are’’ for ‘‘as he deems reasonably’’, and in closing provision substituted provision that no rule or regula- tion prescribed after May 19, 1986, require that records required under this chapter be recorded at or trans- ferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, nor any system of registration of firearms, firearms owners, or firearms transactions or disposi- tions be established and that nothing in this section ex- pand or restrict the authority of the Secretary to in- quire into the disposition of any firearm in the course of a criminal investigation for provision that the Sec- retary give reasonable public notice, and afford an op- portunity for a hearing, prior to prescribing rules and regulations. Subsecs. (b), (c). Pub. L. 99–308, § 106(5), added subsecs. (b) and (c). 1968—Pub. L. 90–618 inserted provisions authorizing the Secretary to prescribe regulations requiring a li- censee, when dealing with another licensee, to provide such other licensee a certified copy of the license, and regulations authorizing the issuance of certified copies of the license required under this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–308 effective 180 days after May 19, 1986, see section 110(a) of Pub. L. 99–308, set out as a note under section 921 of this title. 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. § 926A. Interstate transportation of firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transpor- tation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such trans- porting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammu- nition shall be contained in a locked container other than the glove compartment or console. (Added Pub. L. 99–360, § 1(a), July 8, 1986, 100 Stat. 766.) Editorial Notes PRIOR PROVISIONS A prior section 926A, added Pub. L. 99–308, § 107(a), May 19, 1986, 100 Stat. 460, provided that any person not prohibited by this chapter from transporting, shipping, or receiving a firearm be entitled to transport an un- loaded, not readily accessible firearm in interstate commerce notwithstanding any provision of any legis- lation enacted, or rule or regulation prescribed by any State or political subdivision thereof, prior to repeal by Pub. L. 99–360, § 1(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on date on which Firearms Owners’ Protection Act, Pub. L. 99–308, became effective, see section 2 of Pub. L. 99–360, set out as an Effective Date of 1986 Amendments note under section 921 of this title. § 926B. Carrying of concealed firearms by quali- fied 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 en- forcement 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 commerce, 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 law enforcement officer’’ means an employee of a governmental agency who— (1) is authorized by law to engage in or su- pervise the prevention, detection, investiga- tion, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Mili- tary Justice); (2) is authorized by the agency to carry a firearm; (3) is not the subject of any disciplinary ac- tion by the agency which could result in sus- pension or loss of police powers; Page 264 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 926B (4) meets standards, if any, established by the agency which require the employee to reg- ularly 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 re- ceiving a firearm. (d) The identification required by this sub- section is the photographic identification issued by the governmental agency for which the indi- vidual is employed that identifies the employee as a police officer or law enforcement officer of the agency. (e) As used in this section, the term ‘‘fire- arm’’— (1) except as provided in this subsection, has the same meaning as in section 921 of this title; (2) includes ammunition not expressly pro- hibited by Federal law or subject to the provi- sions of the National Firearms Act; and (3) does not include— (A) any machinegun (as defined in section 5845 of the National Firearms Act); (B) any firearm silencer (as defined in sec- tion 921 of this title); and (C) any destructive device (as defined in section 921 of this title). (f) For the purposes of this section, a law en- forcement officer of the Amtrak Police Depart- ment, a law enforcement officer of the Federal Reserve, or a law enforcement or police officer of the executive branch of the Federal Govern- ment qualifies as an employee of a govern- mental agency who is authorized by law to en- gage in or supervise the prevention, detection, investigation, or prosecution of, or the incarcer- ation of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Mili- tary Justice). (Added Pub. L. 108–277, § 2(a), July 22, 2004, 118 Stat. 865; amended Pub. L. 111–272, § 2(a), (b), Oct. 12, 2010, 124 Stat. 2855; Pub. L. 112–239, div. A, title X, § 1089(1), Jan. 2, 2013, 126 Stat. 1970.) Editorial Notes REFERENCES IN TEXT The National Firearms Act, referred to in subsec. (e), is classified generally to chapter 53 (§ 5801 et seq.) of Title 26, Internal Revenue Code. See section 5849 of Title 26. Section 5845 of the Act is classified to section 5845 of Title 26. AMENDMENTS 2013—Subsec. (c)(1). Pub. L. 112–239, § 1089(1)(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). Pub. L. 112–239, § 1089(1)(B), substituted ‘‘that identifies the employee as a police officer or law enforcement officer of the agency’’ for ‘‘as a law en- forcement officer’’. Subsec. (f). Pub. L. 112–239, § 1089(1)(C), inserted ‘‘or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Mili- tary Justice)’’ after ‘‘arrest’’. 2010—Subsec. (c)(3). Pub. L. 111–272, § 2(a)(1), inserted ‘‘which could result in suspension or loss of police pow- ers’’ after ‘‘agency’’. Subsec. (e). Pub. L. 111–272, § 2(b), 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) any destructive device (as defined in section 921 of this title).’’ Subsec. (f). Pub. L. 111–272, § 2(a)(2), added subsec. (f). Statutory Notes and Related Subsidiaries FEDERAL LAW ENFORCEMENT SELF-DEFENSE AND PROTECTION Pub. L. 114–180, June 22, 2016, 130 Stat. 445, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Federal Law Enforce- ment Self-Defense and Protection Act of 2015’. ‘‘SEC. 2. FINDINGS. ‘‘Congress finds the following: ‘‘(1) Too often, Federal law enforcement officers en- counter potentially violent criminals, placing officers in danger of grave physical harm. ‘‘(2) In 2012 alone, 1,857 Federal law enforcement of- ficers were assaulted, with 206 sustaining serious in- juries. ‘‘(3) From 2008 through 2011, an additional 8,587 Fed- eral law enforcement officers were assaulted. ‘‘(4) Federal law enforcement officers remain a tar- get even when they are off-duty. Over the past 3 years, 27 law enforcement officers have been killed off-duty. ‘‘(5) It is essential that law enforcement officers are able to defend themselves, so they can carry out their critical missions and ensure their own personal safe- ty and the safety of their families whether on-duty or off-duty. ‘‘(6) These dangers to law enforcement officers con- tinue to exist during a covered furlough. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act— ‘‘(1) the term ‘agency’ means each authority of the executive, legislative, or judicial branch of the Gov- ernment of the United States; ‘‘(2) the term ‘covered Federal law enforcement of- ficer’ means any individual who— ‘‘(A) is an employee of an agency; ‘‘(B) has the authority to make arrests or appre- hensions for, or prosecute, violations of Federal law; and ‘‘(C) on the day before the date on which the ap- plicable covered furlough begins, is authorized by the agency employing the individual to carry a fire- arm in the course of official duties; ‘‘(3) the term ‘covered furlough’ means a planned event by an agency during which employees are in- voluntarily furloughed due to downsizing, reduced funding, lack of work, or any budget situation includ- ing a lapse in appropriations; and ‘‘(4) the term ‘firearm’ has the meaning given that term in section 921 of title 18, United States Code. ‘‘SEC. 4. PROTECTING FEDERAL LAW ENFORCE- MENT OFFICERS WHO ARE SUBJECTED TO A COVERED FURLOUGH. ‘‘During a covered furlough, a covered Federal law enforcement officer shall have the same rights to carry a firearm issued by the Federal Government as if the covered furlough was not in effect, including, if author- ized on the day before the date on which the covered furlough begins, the right to carry a concealed firearm, if the sole reason the covered Federal law enforcement officer was placed on leave was due to the covered fur- lough.’’ 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.)