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Unformatted text preview: the Study of Law and Society Bag Lunch Speaker Series (University of California, Berkeley), Paper 5, 101, 146, 156 (Apr. 2003), at Rather, the study found that the adoption of shall-issue laws generally will increase crime. Id. 9 18 U.S.C. § 926B. 10 18 U.S.C. § 926B(c). 11 18 U.S.C. § 926C. 204 © Legal Community Against Violence 2008 • • • • • • Before such retirement, 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; Either: o Before retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or o Retired 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; 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 state’s standards for training and qualification for active law enforcement officers to carry firearms; Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and Is not prohibited by federal law from receiving a firearm.12 Both statutes supersede state and local laws regarding CCWs for law enforcement except in certain circumstances. States are not precluded from allowing private persons or entities to prohibit or restrict the possession of concealed firearms on their property by current or retired law enforcement. States also are not precluded from prohibiting or restricting the possession of firearms by current or retired law enforcement on any state or local government property, installations, buildings, bases or parks. A person holding a state-issued permit allowing the person to acquire or possess firearms (e.g., a concealed weapons permit) is not required to undergo a background check if the permit was issued: (1) within the previous five years in the state in which the transfer is to take place; and...
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