15 U.S.C. § 5902 — State reciprocity of weapons licenses

Page 2216 TITLE 15—COMMERCE AND TRADE §§ 5802, 5803 and is set out as a note under section 50501 of Title 51, National and Commercial Space Programs. §§ 5802, 5803. Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444 Section 5802, Pub. L. 102–588, title V, § 502, Nov. 4, 1992, 106 Stat. 5123, provided definitions for this chapter. See section 50501 of Title 51, National and Commercial Space Programs. Section 5803, Pub. L. 102–588, title V, § 504, Nov. 4, 1992, 106 Stat. 5124; Pub. L. 105–303, title I, § 103, Oct. 28, 1998, 112 Stat. 2851, related to launch voucher demonstration program. See section 50502 of Title 51. § 5804. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section, Pub. L. 102–588, title V, § 505, Nov. 4, 1992, 106 Stat. 5124, related to space transportation infrastruc- ture matching grants. §§ 5805 to 5808. Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444 Section 5805, Pub. L. 102–588, title V, § 506, Nov. 4, 1992, 106 Stat. 5127, related to identification of launch sup- port facilities. Section 5806, Pub. L. 102–588, title V, § 507, Nov. 4, 1992, 106 Stat. 5127, related to anchor tenancy and termi- nation liability. See section 50503 of Title 51, National and Commercial Space Programs. Section 5807, Pub. L. 102–588, title V, § 508, Nov. 4, 1992, 106 Stat. 5128, related to use of Government facilities. See section 50504 of Title 51. Section 5808, Pub. L. 102–588, title V, § 510, Nov. 4, 1992, 106 Stat. 5129, related to Commercial Space Achieve- ment Award. See section 50506 of Title 51. CHAPTER 85—ARMORED CAR INDUSTRY RECIPROCITY Sec. 5901. Findings. 5902. State reciprocity of weapons licenses issued to armored car company crew members. 5903. Relation to other laws. 5904. Definitions. § 5901. Findings Congress finds that— (1) the distribution of goods and services to consumers in the United States requires the free flow of currency, bullion, securities, sup- plemental nutrition assistance program bene- fits, and other items of unusual value in inter- state commerce; (2) the armored car industry transports and protects such items in interstate commerce, including daily transportation of currency and supplemental nutrition assistance program benefits valued at more than $1,000,000,000; (3) armored car crew members are often sub- ject to armed attack by individuals attempt- ing to steal such items; (4) to protect themselves and the items they transport, such crew members are armed with weapons; (5) various States require both weapons training and a criminal record background check before licensing a crew member to carry a weapon; and (6) there is a need for each State to recip- rocally accept weapons licenses of other States for armored car crew members to as- sure the free and safe transport of valuable items in interstate commerce. (Pub. L. 103–55, § 2, July 28, 1993, 107 Stat. 276; Pub. L. 110–234, title IV, § 4002(b)(1)(E), (2)(L), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(E), (2)(L), June 18, 2008, 122 Stat. 1664, 1857, 1858.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Pars. (1), (2). Pub. L. 110–246, § 4002(b)(1)(E), (2)(L), substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamps’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(E), (2)(L) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–287, § 1, Oct. 27, 1998, 112 Stat. 2776, pro- vided that: ‘‘This Act [amending section 5902 of this title and enacting provisions set out as a note under section 5902 of this title] may be cited as the ‘Armored Car Reciprocity Amendments of 1998’.’’ SHORT TITLE Pub. L. 103–55, § 1, July 28, 1993, 107 Stat. 276, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Armored Car Industry Reciprocity Act of 1993’.’’ § 5902. State reciprocity of weapons licenses issued to armored car company crew mem- bers (a) In general If an armored car crew member employed by an armored car company— (1) has in effect a license issued by the ap- propriate State agency (in the State in which such member is primarily employed by such company) to carry a weapon while acting in the services of such company in that State, and such State agency meets the minimum re- quirements under subsection (b); and (2) has met all other applicable requirements to act as an armored car crew member in the State in which such member is primarily em- ployed by such company, then such crew member shall be entitled to law- fully carry any weapon to which such license re- lates and function as an armored car crew mem- ber in any State while such member is acting in the service of such company. (b) Minimum State requirements A State agency meets the minimum State re- quirements of this subsection if— (1) in issuing an initial weapons license to an armored car crew member described in sub- Page 2217 TITLE 15—COMMERCE AND TRADE § 5904 1 So in original. The word ‘‘is’’ probably should not appear. section (a), the agency determines to its satis- faction that— (A) the crew member has received class- room and range training in weapons safety and marksmanship during the current year from a qualified instructor for each weapon that the crew member will be licensed to carry; and (B) the receipt or possession of a weapon by the crew member would not violate Fed- eral law, determined on the basis of a crimi- nal record background check conducted dur- ing the current year; (2) in issuing a renewal of a weapons license to an armored car crew member described in subsection (a), the agency determines to its satisfaction that— (A) the crew member has received con- tinuing training in weapons safety and marksmanship from a qualified instructor for each weapon that the crew member is li- censed to carry; and (B) the receipt or possession of a weapon by the crew member would not violate Fed- eral law, as determined by the agency; and (3) in issuing a weapons license under para- graph (1) or paragraph (2), as the case may be— (A) the agency issues such license for a pe- riod not to exceed 2 years; or (B) the agency issues such license for a pe- riod not to exceed 5 years in the case of a State that enacted a State law before Octo- ber 1, 1996, that provides for the issuance of an initial weapons license or a renewal of a weapons license, as the case may be, for a period not to exceed 5 years. (Pub. L. 103–55, § 3, July 28, 1993, 107 Stat. 276; Pub. L. 105–287, § 2, Oct. 27, 1998, 112 Stat. 2776.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–287, § 2(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘If an armored car crew member employed by an armored car company has in effect a license issued by the appropriate State agency (in the State in which such member is primarily employed by such company) to carry a weapon while acting in the services of such company in that State, and such State agency meets the minimum State re- quirements under subsection (b) of this section, then such crew member shall be entitled to lawfully carry any weapon to which such license relates in any State while such crew member is acting in the service of such company.’’ Subsec. (b). Pub. L. 105–287, § 2(b), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘A State agency meets the min- imum State requirements of this subsection if in issuing a weapons license to an armored car crew mem- ber described in subsection (a) of this section, the agen- cy requires the crew member to provide information on an annual basis to the satisfaction of the agency that— ‘‘(1) the crew member has received classroom and range training in weapons safety and marksmanship during the current year by a qualified instructor for each weapon that the crew member is licensed to carry; and ‘‘(2) the receipt or possession of a weapon by the crew member would not violate Federal law, deter- mined on the basis of a criminal record background check conducted during the current year.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–287, § 3, Oct. 27, 1998, 112 Stat. 2777, pro- vided that: ‘‘The amendments made by section 2 [amending this section] shall take effect 30 days after the date of the enactment of this Act [Oct. 27, 1998].’’ § 5903. Relation to other laws This chapter shall supersede any provision of State law (or the law of any political subdivi- sion of a State) that is inconsistent with this chapter. (Pub. L. 103–55, § 4, July 28, 1993, 107 Stat. 277.) § 5904. Definitions As used in this chapter: (1) The term ‘‘armored car crew member’’ means an individual who provides protection for goods transported by an armored car com- pany. (2) The term ‘‘armored car company’’ means a company— (A) subject to regulation under subchapter I of chapter 135 of title 49; and (B) is 1 registered under chapter 139 of such title, in order to engage in the business of transporting and protecting currency, bul- lion, securities, precious metals, supple- mental nutrition assistance program bene- fits, and other articles of unusual value in interstate commerce. (3) The term ‘‘State’’ means any State of the United States or the District of Columbia. (Pub. L. 103–55, § 5, July 28, 1993, 107 Stat. 277; Pub. L. 104–88, title III, § 336, Dec. 29, 1995, 109 Stat. 954; Pub. L. 110–234, title IV, § 4002(b)(1)(E), (2)(L), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(E), (2)(L), June 18, 2008, 122 Stat. 1664, 1857, 1858.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Par. (2)(B). Pub. L. 110–246, § 4002(b)(1)(E), (2)(L), substituted ‘‘supplemental nutrition assistance pro- gram benefits’’ for ‘‘food stamps’’. 1995—Par. (2). Pub. L. 104–88 substituted ‘‘subchapter I of chapter 135’’ for ‘‘subchapter II of chapter 105’’ in subpar. (A) and ‘‘is registered under chapter 139’’ for ‘‘holding the appropriate certificate, permit, or license issued under subchapter II of chapter 109’’ in subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(E), (2)(L) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L.