LEOs carrying of concealed firearms

§ 926C

TITLE 18—CRIMES AND CRIMINAL PROCEDURE
AMENDMENTS

2010—Subsec. (c)(3). Pub. L. 111–272, § 2(a)(1), inserted
‘‘which could result in suspension or loss of police powers’’ 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 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) any destructive device (as defined in section 921
of this title).’’
Subsec. (f). Pub. L. 111–272, § 2(a)(2), added subsec. (f).

§ 926C. Carrying of concealed firearms by qualified 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 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) separated from service in good standing
from service with a public agency as a law enforcement 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 violation of law, and had statutory powers of arrest;
(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-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 determined by the former agency of the individual, the State in which the individual resides
or, if the State has not established such standards, either a law enforcement agency within
the State in which the individual resides or
the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers
within that State;
(5)(A) has not been officially found by a
qualified medical professional employed by
the agency to be unqualified for reasons relating to mental health and as a result of this

Page 246

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 separating 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 receiving a firearm.
(d) The identification required by this subsection is—
(1) a photographic identification issued by
the agency from which the individual separated 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
(2)(A) a photographic identification issued
by the agency from which the individual separated from service as a law enforcement officer; and
(B) a certification issued by the State in
which the individual resides 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 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.
(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

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§ 929

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

a law enforcement officer of the Amtrak Police Department, service as a law enforcement
officer of the Federal Reserve, or service as a
law enforcement or police officer of the executive 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.)
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 classified to section 5845 of Title 26.
AMENDMENTS
2010—Subsec. (c)(1). Pub. L. 111–272, § 2(c)(1)(A), substituted ‘‘separated from service’’ for ‘‘retired’’ and
struck out ‘‘, other than for reasons of mental instability’’ 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), substituted ‘‘separation, served as a law enforcement officer for an aggregate of 10 years or more’’ for ‘‘retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more’’.
Subsec. (c)(3)(B). Pub. L. 111–272, § 2(c)(1)(C)(ii), substituted ‘‘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 retirement 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 established by the agency to carry a firearm of the same
type as the concealed firearm’’ for ‘‘to meet the standards established by the agency for training and qualification 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), substituted ‘‘separated’’ for ‘‘retired’’.
Subsec. (d)(2)(B). Pub. L. 111–272, § 2(c)(2)(B)(ii), substituted ‘‘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 certified 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 training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed 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 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).’’

§ 927. Effect on State law
No provision of this chapter shall be construed
as indicating an intent on the part of the Congress 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 direct and positive conflict between such provision and the law of the State so that the two
cannot be reconciled or consistently stand together.
(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.)
AMENDMENTS
1968—Pub. L. 90–618 struck out ‘‘or possession’’ after
‘‘State’’ wherever appearing.
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.

§ 928. Separability
If any provision of this chapter or the application thereof to any person or circumstance is
held invalid, the remainder of the chapter and
the application of such provision to other persons not similarly situated or to other circumstances 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.)
AMENDMENTS
1968—Pub.
change.

L.

90–618

reenacted

section

without

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.

§ 929. Use of restricted ammunition
(a)(1) Whoever, during and in relation to the
commission of a crime of violence or drug trafficking crime (including a crime of violence or
drug trafficking crime which provides for an enhanced punishment if committed by the use of a
deadly or dangerous weapon or device) for which
he may be prosecuted in a court of the United
States, uses or carries a firearm and is in possession of armor piercing ammunition capable of
being fired in that firearm, shall, in addition to
the punishment provided for the commission of
such crime of violence or drug trafficking crime
be sentenced to a term of imprisonment for not
less than five years.
(2) For purposes of this subsection, the term
‘‘drug trafficking crime’’ means any felony punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or
chapter 705 of title 46.
(b) Notwithstanding any other provision of
law, the court shall not suspend the sentence of
any person convicted of a violation of this section, nor place the person on probation, nor
shall the terms of imprisonment run concurrently with any other terms of imprisonment,