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1 (June 14, 2006)

handle is hein.crs/crsajgu0001 and id is 1 raw text is: Order Code RS22456
June 14, 2006
CRS Report for Congress
Received through the CRS Web
Law Enforcement Officers Safety Act of 2004
Anthony Vieux
Law Clerk
American Law Division
Summary
The Law Enforcement Officers Safety Act of 2004 (H.R. 218) was signed into law
on July 22, 2004 (P.L. 108-277). The act amends the federal criminal code in order to
authorize a qualified law enforcement officer, carrying photographic governmental
agency identification, to carry a concealed fireann, notwithstanding any state or local
law. This report summarizes the act's provisions dealing with the carrying of concealed
weapons by qualified law enforcement officers.
The Law Enforcement Officers Safety Act of 2004 (H.R. 218) exempts qualified
current and former law enforcement officers employed by local, state, or federal law
enforcement agencies from state laws prohibiting the carrying of concealed firearms.'
The act does not supersede federal law that governs the carrying of firearms onto aircraft,
federal buildings, federal property, and national parks, nor does it limit the laws of any
states that permit private persons or entities to prohibit or restrict the possession of
concealed firearms on their property, nor does it supersede state laws that prohibit or
restrict the possession of firearms on any state or local government property, installation,
building, base, or park. The House passed H.R. 218 on June 23, 2004. The Senate passed
it, without amendment by unanimous consent, on July 7, 2004. President Bush signed the
bill into law, P.L. 108-277, on July 22, 2004.
Prior to this act, states controlled within their borders who may carry concealed
weapons and when law enforcement officers may carry firearms. Before this legislation
was enacted, a state decided whether to allow out-of-state officers to carry a concealed
weapon within its borders. Prior federal law allowed active, but not retired, federal law
enforcement officers to carry a concealed weapon anywhere within the jurisdiction of the
United States. However, prior law did not allow active or retired state or local law
enforcement officers to carry a concealed weapon unless permitted under state law. H.R.
218 overrides contrary state laws and permits retired and active officers (whether state,
local, or federal) to carry a concealed weapon anywhere within the United States.
According to the House report, this act is designed to protect officers and their families
from criminals they have arrested and to allow qualified officers, whether on-duty or off-

Congressional Research Service + The Library of Congress

1 This report was prepared under the general supervision of Marie Morris, Legislative Attorney.

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