[Senate Report 111-233]
[From the U.S. Government Publishing Office]
111th Congress Report
SENATE
2d Session 111-233
======================================================================
LAW ENFORCEMENT OFFICERS SAFETY ACT IMPROVEMENTS ACT OF 2010
_______
July 27, 2010.--Ordered to be printed
_______
Mr. Leahy, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany S. 1132]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (S. 1132), to amend title 18, United States Code, to
improve the provisions relating to the carrying of concealed
weapons by law enforcement officers, and for other purposes,
having considered the same, with an amendment, reports
favorably thereon and recommends that the bill, as amended, do
pass.
CONTENTS
Page
I. Background and Purpose of the Law Enforcement Officers Safety Act
Improvement Act of 2010..........................................1
II. History of the Bill and Committee Consideration..................5
III. Section-by-Section Summary of the Bill...........................5
IV. Congressional Budget Office Cost Estimate........................6
V. Regulatory Impact Evaluation.....................................7
VI. Conclusion.......................................................7
VII. Changes to Existing Law Made by the Bill, as Reported............7
I. Background and Purpose of the Law Enforcement Officers Safety Act
Improvements Act of 2010
A. SUMMARY
The purpose of S. 1132, the Law Enforcement Officers Safety
Act Improvements Act of 2010 (LEOSA Improvements Act) is to
amend existing law to refine the eligibility requirements and
procedures by which active and retired law enforcement officers
obtain certification to carry concealed firearms across State
lines.\1\
---------------------------------------------------------------------------
\1\See 18 U.S.C. Sec. Sec. 926B-926C (providing the requirements
and procedures for qualified law enforcement officers to be certified
for carrying a concealed firearm nationally).
---------------------------------------------------------------------------
B. BACKGROUND AND NEED FOR LEGISLATION
On May 21, 2009, Judiciary Committee Chairman Patrick Leahy
introduced the LEOSA Improvements Act, S. 1132,\2\ to make
amendments to the existing law (18 U.S.C. Sec. Sec. 926B-926C),
which permits qualified State and Federal law enforcement
officers to carry concealed firearms across State lines.
Judiciary Committee Ranking Member Jeff Sessions of Alabama,
Senator Jon Kyl of Arizona, and Senator Kent Conrad of North
Dakota are cosponsors of the legislation.
---------------------------------------------------------------------------
\2\During the Judiciary Committee's consideration of the bill,
Chairman Leahy offered a complete substitute amendment, which was
adopted and, among other minor changes detailed herein, changed the
title of the bill to reflect year in which the Committee approved the
bill. The title of the reported bill, as amended, is the Law
Enforcement Officers Safety Act Improvements Act of 2010.
---------------------------------------------------------------------------
Since the enactment of the Law Enforcement Officers Safety
Act of 2003 (LEOSA), varying State approaches to implementation
have hindered the consistent and effective operation of the
law, particularly with respect to qualified retired law
enforcement officers. Under current law, qualified retired law
enforcement officers must carry photographic identification
issued by the agency at which they were employed and
documentation that certifies they have met, within the most
recent 12-month period, the active duty law enforcement
standards for qualification for a firearm of the same type as
the one they intend to carry. Currently, the firearm aptitude
certification component of this document must be issued by the
retired officer's former agency or by the State in which the
retired officer resides, and pursuant to State active duty
firearm testing standards.\3\
---------------------------------------------------------------------------
\3\18 U.S.C. Sec. Sec. 926C(d)(1)-(2). Certification under Section
926C(d)(2)(B) requires:
---------------------------------------------------------------------------
[A] certification issued by the State in which the
individual resides 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.
A memorandum issued on January 31, 2005 by then-Attorney
General of the United States John Ashcroft complicated the
statutory process for retired Federal law enforcement officers.
In his memorandum to all Department of Justice law enforcement
agencies,\4\ Attorney General Ashcroft directed:
---------------------------------------------------------------------------
\4\Bureau of Alcohol, Tobacco, Firearms, and Explosives; Drug
Enforcement Administration; Federal Bureau of Investigation; Federal
Bureau of Prisons; The Inspector General; United States Marshals
Service.
Individual components shall not themselves train or
qualify retired employees to carry a firearm, as
authorized under the law. In order to be authorized
under the Act to carry a firearm, a retired qualified
LEO from a DOJ component must qualify pursuant to 18
U.S.C. Sec. 926C(d)(2)(B), and in accordance with state
standards for active LEOs.\5\
---------------------------------------------------------------------------
\5\Memorandum from John Ashcroft, Attorney General, to all
Department of Justice Law Enforcement Agencies (Jan. 31, 2005) (on file
with the Senate Judiciary Committee).
The effect of the Attorney General Ashcroft's memorandum
was to preclude officers who had retired from service with a
Department of Justice law enforcement component from
certification pursuant to 18 U.S.C. Sec. 926C(d)(1).\6\ This
Section provides that a qualified retired officer may
demonstrate compliance with the law using a single
identification card issued by his or her agency denoting both
prior service with the agency and firearms testing within one
year prior to the date of carriage. The practical result of
Attorney General Ashcroft's directive was to subject
individuals who had retired from Federal law enforcement to
varying State procedures--and to State law enforcement agencies
with which they had not been employed--in order to satisfy the
firearms testing requirement of 18 U.S.C. Sec. 926C(d)(2)(B).
---------------------------------------------------------------------------
\6\(d) The identification required by this subsection is
---------------------------------------------------------------------------
(1) a photographic identification issued by the agency from
which the individual retired 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 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.
18 U.S.C. Sec. 926C(d)(1).
To remedy the difficulties that have arisen in some
jurisdictions for both Federal and State retired law
enforcement officers, S. 1132 provides that a ``certified
firearms instructor'' may conduct testing and qualify retired
law enforcement officers.
This change would enable any firearms instructor certified
to test active duty law enforcement officers in a State to
qualify a retired officer using either the standards set by the
State in which the instructor is certified and the officer
resides, or in the absence of such standards--or the
recognition thereof--the standards of any law enforcement
agency in the State. This change will have the dual effect of
minimizing the responsibilities of State and Federal law
enforcement agencies to administer this testing, and will
provide flexibility to retired officers in obtaining such
testing and certification.
The legislation would also make clear that those active and
retired law enforcement officers who are or were employed by
the Amtrak Police Department or the Federal Reserve meet the
definition of ``qualified active law enforcement officer'' and
``qualified retired law enforcement officer.''\7\ Because
Amtrak is, under Title 49, ``not a department, agency, or
instrumentality of the United States Government,''\8\ police
officers employed by Amtrak do not meet the definition at 18
U.S.C. Sec. 926B(c), which requires an officer to be or have
been an ``employee of a governmental agency.''\9\
---------------------------------------------------------------------------
\7\18 U.S.C. Sec. Sec. 926B(c), 926C(c).
\8\49 U.S.C. Sec. 24301(a)(3).
\9\18 U.S.C. Sec. 926B(c).
---------------------------------------------------------------------------
The Amtrak Police Department was first accredited in 1992.
It has been reaccredited twice--in 1997 and 2002--by the
Commission on Accreditation for Law Enforcement Agencies.
Amtrak police officers are assigned to the Federal Bureau of
Investigation's Joint Terrorism Task Force and Joint Operations
Center in Washington, D.C. In 1999, Congress amended the
Omnibus Crime Control and Safe Streets Act of 1968 to allow
railroad police officers to attend the FBI's National Academy
for Law Enforcement Training.\10\ To date, several Amtrak
officers have successfully completed that program.
---------------------------------------------------------------------------
\10\42 U.S.C. Sec. 3771(a).
---------------------------------------------------------------------------
Further, in the most recent Department of Justice report on
Federal law enforcement officers, entitled Federal Law
Enforcement Officers, 2004, the Bureau of Justice Statistics
listed the Amtrak Police Department as a Federal law
enforcement agency.\11\
---------------------------------------------------------------------------
\11\Bureau of Justice Statistics, BJS Bull. No. NCj212750, Federal
Law Enforcement Officers, 2004 4 (2006), available at http:// http://
bjs.ojp.usdoj.gov/content/pub/pdf/fleo04.pdf.
---------------------------------------------------------------------------
In light of the fact that the officers of the Amtrak Police
Department are Federal law enforcement officers and, but for
the language in Title 49, would clearly meet the definition at
18 U.S.C. Sec. 926B(c), it is appropriate for these officers to
be eligible for the benefits of LEOSA. For these reasons, S.
1132 expands the definitions in 18 U.S.C. Sec. Sec. 926B and
926C to include the officers employed by the Amtrak Police
Department.
Law enforcement officers employed by the Federal Reserve
System are authorized at 12 U.S.C. Sec. 248(q). They are
required to complete training at the Federal Law Enforcement
Training Center and are considered ``fully sworn'' officers of
the Federal Government. The primary responsibility of these
officers is the protection of the Federal Reserve facilities
and its employees. Federal Reserve officers also engage in
dignitary protection and operate Special Response Teams,
hazardous material response teams, and K-9 teams. These facts
reinforce the Committee's belief that any ambiguity concerning
the eligibility for benefits under 18 U.S.C. Sec. Sec. 926B-
926C for Federal Reserve law enforcement officers should be
removed by explicit inclusion in the legislation.\12\
---------------------------------------------------------------------------
\12\The Committee notes that the specifically named Federal law
enforcement agencies named in the legislation constitute a non-
exhaustive list. For example, special police assigned to the National
Zoological Park in Washington, D.C., who have statutory power of
arrest, carry firearms, and complete training at the Federal Law
Enforcement Training Center should, in the Committee's view, be
eligible for the benefits provided under 18 U.S.C. Sec. Sec. 926B-926C.
---------------------------------------------------------------------------
The bill also addresses two other issues that have unduly
restricted retired officers from being eligible for the
privileges conferred under LEOSA. The bill reduces the required
years of service, from 15 to 10, which a retired officer must
have served in order to be eligible for LEOSA certification.
This amendment is responsive to the fact that some law
enforcement officers enter the profession as a second career,
often subsequent to military service.
The bill also removes the requirement in existing law that
a retired officer be entitled to ``non-forfeitable'' retirement
benefits.\13\ Some small State and local law enforcement
agencies do not provide these benefits, and the Committee
recognizes that this requirement has the potential effect of
disqualifying otherwise eligible retired officers.
---------------------------------------------------------------------------
\13\18 U.S.C. Sec. 926C(c)(4).
---------------------------------------------------------------------------
The legislation changes the term ``retired'' with
``separated from service''. This change was made in order to
ensure that law enforcement officers who had put in the
requisite term of service were not denied benefits due to not
being technically ``retired''.
The legislation revises the provision in existing law
related to the ineligibility of retired officers due to mental
health issues. Under current law, a retired officer must have
retired in good standing and for reasons unrelated to mental
health.\14\ The legislation refines this requirement by giving
law enforcement agencies two alternatives in making a
determination about an officer's eligibility for the benefits
of the law in light of mental health issues: an officer shall
be ineligible if a medical professional employed by the
officer's agency makes such a determination, and alternatively,
the officer may enter an agreement with the employing agency
acknowledging ineligibility for mental health reasons.
---------------------------------------------------------------------------
\14\18 U.S.C. Sec. 926C(c)(1).
---------------------------------------------------------------------------
II. History of the Bill and Committee Consideration
In 2004, Congress passed, and President George W. Bush
signed into law, the Law Enforcement Officers Safety Act of
2003 (Pub. L. 108-277). The Senate version of that bill (S.
253) was co-sponsored by 70 Senators and was reported out of
the Judiciary Committee on March 6, 2003 by a vote of 18-1. It
was agreed to in the House of Representatives by a voice vote
on June 23, 2004, and passed by unanimous consent in the Senate
on July 7, 2004. The President signed the Law Enforcement
Officers Safety Act of 2003 into law on June 22, 2004. The
history of the Law Enforcement Officers Safety Act of 2003 is
recounted in S. Rpt. 108-29.
In the 110th Congress on January 24, 2007, Chairman Leahy
introduced S. 376, the Law Enforcement Officers Safety Act of
2007. Like S. 1132, S. 376 was intended to improve the existing
law at 18 U.S.C. Sec. Sec. 926B and 926C. Senate Bill 376 was
favorably reported twice by the Senate Judiciary Committee in
the 110th Congress: once on September 9, 2007, without
amendment, and again on September 21, 2007, as part of S. 2084,
the School Safety and Law Enforcement Improvements Act of 2007.
The Senate took no further action on either of these bills.
Chairman Leahy introduced S. 1132 on May 21, 2009, and the
bill was referred to the Senate Judiciary Committee. The bill
was first listed on the Committee's agenda on February 4, 2010.
On March 11, 2010, the Committee met in open session and voted
by voice vote to report the Law Enforcement Officers Safety Act
Improvements Act of 2010, with an amendment in the nature of a
substitute, to the Senate.
III. Section-by-Section Summary of the Bill
Section 1 designates the short title of the bill as the
``Law Enforcement Officers Safety Act Improvements Act of
2010''.
Section 2(a)(1) amends 18 U.S.C. Sec. 926B to add a
qualifier to 926B(c)(3)'s requirements for eligibility under
the law, such that the officer must not have been subject to
disciplinary action that ``could result in suspension or loss
of police powers''.
Section 2(a)(2) makes explicit that active law enforcement
officers employed by the Amtrak Police Department, the Federal
Reserve, or who serve as law enforcement officers ``of the
executive branch of the Federal Government'' are eligible for
the law's benefits.
Section 2(b) amends 18 U.S.C. Sec. 926B(e) by clarifying
the type of firearm and ammunition a qualified officer may
carry under the law.
Section 2(c) amends 18 U.S.C. Sec. 926C to replace the term
``retired'' with ``separated from service''. Section 2(c) also
reduces the requisite years of service for a qualified officer
from 15 years to 10 years. The section also revises the
qualification process for retired officers by permitting the
firearms testing portion of the certification obtainable, where
certification from a State law enforcement agency is not
possible, from certified firearms instructor qualified by the
State.
Section 2(c) also makes changes to the current law's
provisions for disqualification from LEOSA certification due to
mental health issues. The legislation would deny certification
where 1) an officer had been found by a medical professional to
be unqualified for LEOSA certification for mental health
reasons; or 2) the officer entered into an agreement with his
or her employing agency where the officer acknowledges that he
or she is unqualified for reasons relating to mental health.
Finally, Section 2(c) makes explicit that retired law
enforcement officers who were employed by the Amtrak Police
Department, the Federal Reserve, or who served as law
enforcement officers ``of the executive branch of the Federal
Government'', and otherwise meet the law's requirements, are
eligible for the law's benefits.
IV. Congressional Budget Office Cost Estimate
In compliance with paragraph 11(a) of rule XXVI, of the
Standing Rules of the Senate, the Committee sets forth, with
respect to the bill, S. 1132, the following estimate prepared
by the Director of the Congressional Budget Office under
section 403 of the Congressional Budget Act of 1974:
March 19, 2010.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1132, the Law
Enforcement Officers Safety Act Improvements Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1132--Law Enforcement Officers Safety Act Improvements Act of 2010
Current federal law exempts certain active and retired law
enforcement officers from most state and local laws prohibiting
the carrying of concealed firearms. S. 1132 would clarify that
officers of the Amtrak Police Department, the Federal Reserve,
and the executive branch of the federal government would
qualify as individuals who may carry concealed firearms. The
bill also would change the requirements that retired officers
must meet to carry concealed firearms.
CBO estimates that implementing the bill would result in no
significant costs to the federal government. Enacting S. 1132
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
S. 1132 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA) because it would expand
an existing mandate that preempts state or local laws
prohibiting the carrying of concealed weapons. CBO estimates
that the costs, if any, for state, local, or tribal governments
to comply would be insignificant and well below the annual
threshold established in UMRA ($70 million in 2010, adjusted
annually for inflation).
S. 1132 contains no private-sector mandates as defined in
UMRA.
The CBO staff contacts for this estimate are Mark Grabowicz
(for federal costs) and Melissa Merrell (for the state and
local impact). The estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
V. Regulatory Impact Evaluation
In compliance with rule XXVI of the standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 1132.
VI. Conclusion
In passing the Law Enforcement Officers Safety Act of 2003,
the Senate recognized that law enforcement officers occupy a
unique place in American society and should be entrusted with
special privileges related to firearms. The bill the Committee
reports in 111th Congress continues this recognition by making
improvements to existing law necessary to ensure that qualified
retired officers are able to gain the privileges and
protections Congress originally intended in the Law Enforcement
Officers Safety Act of 2003.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1132, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
UNITED STATES CODE
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 44--FIREARMS
* * * * * * *
Sec. 926B. Carrying of concealed firearms by qualified 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 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 law
enforcement officer'' means an employee of a governmental
agency who--
(1) 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;
(2) is authorized by the agency to carry a firearm;
(3) is not the subject of any disciplinary action by
the agency which could result in suspension or loss of
police powers;
(4) meets standards, if any, established by the
agency which require the employee to regularly qualify
in the use of a firearm;
(5) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
(6) is not prohibited by Federal law from receiving a
firearm.
(d) The identification required by this subsection is the
photographic identification issued by the governmental agency
for which the individual is employed as a law enforcement
officer.
[(e) 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).]
(e) As used in this section, the term ``firearm''--
(1) except as provided in this subsection, has the
same meaning as in section 921 of this title;
(2) includes ammunition not expressly prohibited by
Federal law or subject to the provisions of the
National Firearms Act; and
(3) does not include--
(A) any machinegun (as defined in section
5845 of the National Firearms Act);
(B) any firearm silencer (as defined in
section 921 of this title); and
(C) any destructive device (as defined in
section 921 of this title).
(f) For the purposes of this section, a law enforcement
officer of the Amtrak Police Department, a law enforcement
officer of the Federal Reserve, or a law enforcement or police
officer of the executive branch of the Federal Government
qualifies as an employee of a governmental agency who 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.
Sec. 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''] ``separated from service'' means an
individual who--
(1) retired in good standing from service with a
public agency as a law enforcement officer[, other than
for reasons of mental instability];
(2) before such [retirement] 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 [retirement, was regularly
employed as a law enforcement officer for an aggregate
of 15 years or more] separation, served as a law
enforcement officer for an aggregate of 10 years or
more; or
(B) [retired] 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) [has a nonforfeitable right to benefits under the
retirement plan of the agency] 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; and;
[(5) 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;] (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 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 [retired] 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 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] 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 [retired] separated
from service as a law enforcement officer; and
(B) a certification issued by the State in which the
individual resides [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.] 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, 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).]
(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 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.