Bill Summary
The "Protect Our Prosecutors and Judges Act of 2020" is a proposed bill that aims to establish rules for prosecutors and federal judges to carry concealed firearms. It amends existing sections of the United States Code to include provisions for identification and certification of qualified prosecutors and federal judges, as well as retired prosecutors and federal judges. The qualifications for being considered a "qualified retired prosecutor" are outlined, including a minimum of 10 years of government employment, a law license, experience prosecuting criminal or juvenile cases, and meeting certain mental health and firearms training requirements. The Attorney General and Director of the Administrative Office of United States Courts may also create regulations for implementing these qualifications.
Possible Impacts
1. A federal prosecutor who has served for over 10 years and has a valid law license may be able to carry a concealed firearm under this legislation.
2. Retired federal judges who have prosecuted criminal or juvenile delinquency cases in their career may also be eligible to carry a concealed firearm under this bill.
3. The Attorney General and Director of the Administrative Office of United States Courts may create regulations that ensure all qualified retired prosecutors have completed recent firearms training in order to carry a concealed firearm.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4445 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4445
To establish appropriate rules for prosecutors and Federal judges to
carry a concealed firearm.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2020
Mr. Cotton (for himself, Mrs. Loeffler, and Mrs. Blackburn) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To establish appropriate rules for prosecutors and Federal judges to
carry a concealed firearm.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Prosecutors and Judges
Act of 2020''.
SEC. 2. AUTHORITY TO CARRY A CONCEALED FIREARM FOR PROSECUTORS AND
FEDERAL JUDGES.
(a) Current Prosecutors and Federal Judges.--Section 926B of title
18, United States Code, is amended--
(1) in the section heading, by inserting ``, qualified
prosecutors, and qualified Federal judges'' after ``qualified
law enforcement officers'';
(2) in subsection (a)--
(A) by inserting ``, a qualified prosecutor, or a
qualified Federal judge'' after ``qualified law
enforcement officer''; and
(B) by striking ``subsection (d)'' and inserting
``subsection (c)'';
(3) by striking subsections (c), (d), and (e) and inserting
the following:
``(c) The identification required by this subsection is--
``(1) with respect to a qualified law enforcement officer,
the photographic identification issued by the governmental
agency for which the individual is employed that identifies the
employee as a police officer or law enforcement officer of the
agency;
``(2) with respect to a qualified prosecutor--
``(A) the photographic identification issued by the
governmental agency by which the individual is employed
that identifies the employee as a prosecutor of the
agency; and
``(B) a certification--
``(i) if agency employing the qualified
prosecutor has authorized the qualified
prosecutor to carry a firearm, that indicates
that the qualified prosecutor has 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
``(ii) if the agency employing the
qualified prosecutor has not authorized the
qualified prosecutor to carry a firearm, issued
by the State in which the qualified prosecutor
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
qualified prosecutor has been tested or
otherwise found by the State or 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;
and
``(3) with respect to a qualified Federal judge--
``(A) photographic identification issued by the
Federal Government that identifies the individual as a
Federal judge; and
``(B) a certification issued by the State in which
the Federal judge 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 been
tested or otherwise found by the State or 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.'';
(4) by redesignating subsection (f) as subsection (d); and
(5) by adding at the end the following:
``(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);
``(2) the term `qualified Federal judge' means an
individual who--
``(A) is serving in a position as a judge that is
established under article I, III, or IV of the
Constitution of the United States;
``(B) is not the subject of a pending impeachment
inquiry or trial;
``(C) is not under the influence of alcohol or
another intoxicating or hallucinatory drug or
substance; and
``(D) is not prohibited by Federal law from
receiving a firearm;
``(3) the term `qualified law enforcement officer' means an
employee of a governmental agency who--
``(A) is 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 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 Military Justice);
``(B) is authorized by the agency to carry a
firearm;
``(C) is not the subject of any disciplinary action
by the agency which could result in suspension or loss
of police powers;
``(D) meets standards, if any, established by the
agency which require the employee to regularly qualify
in the use of a firearm;
``(E) is not under the influence of alcohol or
another intoxicating or hallucinatory drug or
substance; and
``(F) is not prohibited by Federal law from
receiving a firearm; and
``(4) the term `qualified prosecutor' means an individual
who--
``(A) is a full-time employee of an agency of the
Federal Government or a State or unit of local
government who--
``(i) is continually licensed to practice
law; and
``(ii) prosecutes criminal or juvenile
delinquency cases at the Federal, State, or
local level (including supervision, education,
or training of other persons prosecuting such
cases);
``(B) is not the subject of any disciplinary action
by the agency which could result in suspension;
``(C) meets standards, if any, established by the
agency which require the employee to regularly qualify
in the use of a firearm;
``(D) is not under the influence of alcohol or
another intoxicating or hallucinatory drug or
substance; and
``(E) is not prohibited by Federal law from
receiving a firearm.''.
(b) Retired Prosecutors and Federal Judges.--Section 926C of title
18, United States Code, is amended--
(1) in the section heading, by inserting ``, qualified
retired prosecutors, and qualified retired Federal judges''
after ``qualified retired law enforcement officers'';
(2) in subsection (a)--
(A) by inserting ``, a qualified retired
prosecutor, or a qualified Federal judge'' after
``qualified law enforcement officer''; and
(B) by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(3) by striking subsections (c), (d), and (e) and inserting
the following:
``(c) The identification required by this subsection is--
``(1) with respect to a qualified retired law enforcement
officer--
``(A) a photographic identification issued by the
agency from which the individual separated from service
as a law enforcement officer that identifies the person
as having been employed as a police officer or law
enforcement officer and indicates that the individual
has, not less recently than 1 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
``(B)(i) a photographic identification issued by
the agency from which the individual separated from
service as a law enforcement officer that identifies
the person as having been employed as a police officer
or law enforcement officer; and
``(ii) 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 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;
``(2) with respect to a qualified retired prosecutor--
``(A) the photographic identification issued by the
governmental agency by which the individual was
employed that identifies the individual as a former
prosecutor of the agency; and
``(B) a certification issued by the State in which
the qualified retired prosecutor 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
qualified retired prosecutor has, not less than 1 year
before the date the qualified retired prosecutor is
carrying the concealed firearm, been tested or
otherwise found by the State or 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; and
``(3) with respect to a qualified retired Federal judge--
``(A) photographic identification issued by the
Federal Government that identifies the individual as a
former Federal judge; and
``(B) a certification issued by the State in which
the Federal judge 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 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.
``(d) 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);
``(2) the term `qualified retired Federal judge' means an
individual who--
``(A) separated from service in good standing from
service in a position as a judge that was established
under article I, III, or IV of the Constitution of the
United States;
``(B)(i) has not been officially found by a
qualified medical professional employed by the Federal
Government to be unqualified for reasons relating to
mental health and as a result of this finding will not
be issued the photographic identification as described
in subsection (c)(3); and
``(ii) has not entered into an agreement with the
Federal Government 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
(c)(3);
``(C) 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 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;
``(D) is not under the influence of alcohol or
another intoxicating or hallucinatory drug or
substance; and
``(E) is not prohibited by Federal law from
receiving a firearm;
``(3) the term `qualified retired law enforcement officer'
means an individual who--
``(A) separated from service in good standing from
service with a public agency as a law enforcement
officer;
``(B) 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 or apprehension under
section 807(b) of title 10, United States Code (article
7(b) of the Uniform Code of Military Justice);
``(C)(i) before such separation, served as a law
enforcement officer for an aggregate of 10 years or
more; or
``(ii) 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;
``(D) 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;
``(E)(i) 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 finding will not be issued the
photographic identification as described in subsection
(c)(1); or
``(ii) 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 (c)(1);
``(F) is not under the influence of alcohol or
another intoxicating or hallucinatory drug or
substance; and
``(G) is not prohibited by Federal law from
receiving a firearm; and
``(4) the term `qualified retired prosecutor' means an
individual who--
``(A) separated from service in good standing from
service as a full-time employee of an agency of the
Federal Government or a State or unit of local
government who--
``(i) during such service was continually
licensed to practice law; and
``(ii) prosecuted criminal or juvenile
delinquency cases at the Federal, State, or
local level (including supervision, education,
or training of other persons prosecuting such
cases);
``(B) before such separation, served as described
in subparagraph (A) for an aggregate of 10 years or
more;
``(C)(i) 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 finding will not be issued the
photographic identification as described in subsection
(c)(2); and
``(ii) has not entered into an agreement with the
agency 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 (c)(2);
``(D) 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;
``(E) is not under the influence of alcohol or
another intoxicating or hallucinatory drug or
substance; and
``(F) is not prohibited by Federal law from
receiving a firearm.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by striking the
items relating to sections 926B and 926C and inserting the following:
``926B. Carrying of concealed firearms by qualified law enforcement
officers, qualified prosecutors, and
qualified Federal judges.
``926C. Carrying of concealed firearms by qualified retired law
enforcement officers, qualified retired
prosecutors, and qualified retired Federal
judges.''.
(d) Regulations.--The Attorney General and the Director of the
Administrative Office of United States Courts may promulgate such
regulations as are necessary to carry out the amendments made by this
section.
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