HR 8332
Special Operations Forces Concealed Carry Act
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Bill overview
This bill, the Special Operations Forces Concealed Carry Act, aims to grant qualified special operators certain concealed carry privileges under federal law. It amends existing code to specifically include ‘qualified special operators’ in the category of ‘qualified retired law enforcement officers’ eligible to carry firearms. The bill establishes specific criteria for determining who qualifies, including service in various special operations units within the Army, Navy SEALs, Marine Corps, Air Force, and 1st Special Forces Operational Detachment Delta, and removes the annual firearms qualification requirement for these individuals. It also creates a program to issue identification cards to eligible veterans.
Key provisions
- Expands the definition of ‘qualified retired law enforcement officer’ to include ‘qualified special operators’.
- Eliminates the annual firearms qualification requirement for qualified special operators.
- Establishes specific criteria for determining who qualifies as a ‘qualified special operator’ based on military service.
- Creates a program to issue photographic identification cards to eligible veterans.
- Requires qualified special operators to present identification upon request by law enforcement.
- Permanent authority contingent on maintaining honorable discharge status and eligibility under Federal law.
- No separate certification of firearms training is required.
- Acceptance of valid service documentation as proof of qualification.
Who is affected
- Current and former military service members who served in specific special operations roles.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
John J. McGuire
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119th CONGRESS — 2d Session
H. R. 8332
IN THE HOUSE OF REPRESENTATIVES
A BILL
To provide concealed carry privileges to qualified special operators.
This Act may be cited as the Special Operations Forces Concealed Carry Act
.
Congress finds the following:
Highly trained special operations personnel who achieved Expert level military marksmanship qualifications have demonstrated proficiency with firearms and a commitment to public service.
Their service should be recognized without undermining existing safeguards on firearm possession in sensitive places.
by inserting or a qualified special operator
after qualified retired law enforcement officer
; and
by inserting or, in the case of such a qualified special operator, the identification required by subsection (g)
after the identification required by subsection (d)
.
Section 926C of title 18, United States Code, is amended by adding at the end the following:
The authority under this section is permanent, contingent on—
maintaining honorable discharge status, as applicable;
maintaining status as a qualified special operator; and
eligibility under Federal law to possess a firearm.
The authority under this section shall terminate immediately if the individual fails to meet the criteria under subparagraph (A).
No separate certification of firearms training is required for a qualified special operator.
To be authorized to carry a concealed firearm under this section, a qualified special operator shall carry proof of identity and qualification. Acceptable forms of identification include the following:
A photographic identification issued by the Department of Defense or the Department of Veterans Affairs that—
identifies the individual as a qualified special operator, and
confirms the individual’s status as such.
A valid government issued photographic identification and official documentation of service confirming the individual’s honorable discharge and status as a qualified special operator.
qualified special operatormeans a current or former military service member with a most recent paygrade of E5–E9, W1–W5 or O1–O10 with a DD–214 or military service record that confirms service in one or more of the following roles:
a Special Forces detachment commander;
a Special Forces detachment warrant officer;
a Special Forces weapons sergeant;
an Special Forces engineer sergeant;
a Special Forces medical sergeant;
a Special Forces communications sergeant;
a Special Forces intelligence sergeant; or
a Special Forces operations sergeant.
an infantry officer;
an infantryman;
an indirect fire infantryman;
an infantry senior sergeant; or
a combat medic specialist.
an officer qualified in special warfare; or
an enlisted member who served as a special warfare operator.
a scout sniper;
a reconnaissance marine;
a sniper qualified reconnaissance marine;
a parachute and combatant diver qualified reconnaissance marine;
a special operations officer; or
a critical skills operator.
a member who served in pararescue;
a member who served in special reconnaissance;
a member who served as a tactical air control party airman; or
a member who served as a special operations weather technician.
T.
Section 926C of title 18, United States Code, is amended by inserting and qualified special operators
after officers
in the section heading.
The table of sections for chapter 44 of title 18, United States Code, is amended by amending the item relating to section 926C to read as follows:
Beginning not later than 180 days after the date of enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly implement a program to issue the photographic identification described in section 926C of title 18, United States Code, to any individual who meets the criteria of a qualified special operator.
Prior to the expiration of the 180-day period described in subsection (a), the Secretary of Defense and Secretary of Veterans Affairs shall recognize valid service documentation as sufficient proof under section 926C of title 18, United States Code.
Not later than 90 days after the date of enactment of this Act, the Attorney General shall provide guidance to law enforcement agencies nationwide to ensure acceptance of the requisite official documentation as proof of authority to carry under Federal law until such time as the photographic identification of the Department of Defense of the Department of Veterans Affairs, as applicable, is made available.
The Secretary of Defense and the Secretary of Veterans Affairs are authorized to promulgate regulations and guidance to carry out this Act, and the amendments made by this Act, including the form and process for issuing photographic identification cards, any application procedures, consistent with section 926C of title 18, United States Code, and communication with Federal, State, and local law enforcement agencies regarding implementation.
A qualified special operator may exercise the authority to carry a firearm under section 926C of title 18, United States Code, with the valid service documentation described in section 4(b)(1).
If any provision of this Act, or any amendments made by it, or the application thereof to any person or circumstance, is held invalid or unconstitutional, the remainder of the Act and its amendments, and their application to other persons or circumstances, shall not be affected.
Any remedy for noncompliance or violation of section 926C of title 18, United States Code, shall be limited to the existing remedies provided under such section or other applicable law.