Law Enforcement Officers Safety Act of 2004 Page: 2 of 2
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duty or retired, to carry concealed firearms across state and other jurisdictional lines
where they can respond immediately to a crime.2 Essentially, the act allows law
enforcement officers to travel interstate with a firearm.
The act creates two new sections in Title 18. Section 926B covers "qualified law
enforcement officers," and Section 926C covers "qualified retired law enforcement
officers." The two sections are virtually identical, with several additional requirements
being placed on qualified retired law enforcement officers. Section 926B defines a
current governmental agency law enforcement officer as one who is authorized to carry
a firearm, who is not the subject of disciplinary action, who meets agency standards that
require the employee to regularly qualify in the use of a firearm, and who is not under the
influence of alcohol or another intoxicating or hallucinatory drug or substance. Section
926C defines a "qualified retired law enforcement officer" as one who retired in good
standing from a public agency service, who was regularly employed as a law enforcement
officer for at least 15 years, who has a nonforfeitable right to agency retirement benefits,
who has met the state's standards for training and qualification for active law enforcement
officers to carry firearms during the most recent 12-month period, and who is not under
the influence of alcohol or another intoxicating or hallucinatory drug or substance.
This act does not authorize officers to carry machine guns, as defined by section
5845 of the National Firearms Act, or silencers or destructive devices, as defined in
section 921, chapter 44, title 18 U.S.C. It also requires that retired law enforcement
officers qualify at their own expense to be able to carry the firearm that they have been
permitted to carry by their state or agency. This act requires that active officers carry
photographic identification issued by their agency, but retired officers must carry both
documentation stating that they are qualified to carry their firearm by their state or agency
and photographic identification.2 H.Rept. 108-560, 108th Congress, 2d Session, June 22, 2004.
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Law Enforcement Officers Safety Act of 2004, report, June 14, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc805420/m1/2/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.