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15 USC CHAPTER 85 - ARMORED CAR INDUSTRY RECIPROCITY 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 85 - ARMORED CAR INDUSTRY RECIPROCITY

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CHAPTER 85 - ARMORED CAR INDUSTRY RECIPROCITY

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Sec.

5901. Findings.

5902. State reciprocity of weapons licenses issued to armored car

company crew members.

(a) In general.

(b) Minimum State requirements.

5903. Relation to other laws.

5904. Definitions.

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15 USC Sec. 5901 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 85 - ARMORED CAR INDUSTRY RECIPROCITY

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Sec. 5901. Findings

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Congress finds that -

(1) the distribution of goods and services to consumers in the

United States requires the free flow of currency, bullion,

securities, food stamps, and other items of unusual value in

interstate commerce;

(2) the armored car industry transports and protects such items

in interstate commerce, including daily transportation of

currency and food stamps valued at more than $1,000,000,000;

(3) armored car crew members are often subject to armed attack

by individuals attempting to steal such items;

(4) to protect themselves and the items they transport, such

crew members are armed with weapons;

(5) various States require both weapons training and a criminal

record background check before licensing a crew member to carry a

weapon; and

(6) there is a need for each State to reciprocally accept

weapons licenses of other States for armored car crew members to

assure the free and safe transport of valuable items in

interstate commerce.

-SOURCE-

(Pub. L. 103-55, Sec. 2, July 28, 1993, 107 Stat. 276.)

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SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-287, Sec. 1, Oct. 27, 1998, 112 Stat. 2776, provided

that: ''This Act (amending section 5902 of this title and enacting

provisions set out as a note under section 5902 of this title) may

be cited as the 'Armored Car Reciprocity Amendments of 1998'.''

SHORT TITLE

Section 1 of Pub. L. 103-55 provided that: ''This Act (enacting

this chapter) may be cited as the 'Armored Car Industry Reciprocity

Act of 1993'.''

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15 USC Sec. 5902 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 85 - ARMORED CAR INDUSTRY RECIPROCITY

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Sec. 5902. State reciprocity of weapons licenses issued to armored

car company crew members

-STATUTE-

(a) In general

If an armored car crew member employed by an armored car company

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(1) has in effect a license issued by the appropriate State

agency (in the State in which such member is primarily employed

by such company) to carry a weapon while acting in the services

of such company in that State, and such State agency meets the

minimum requirements under subsection (b) of this section; and

(2) has met all other applicable requirements to act as an

armored car crew member in the State in which such member is

primarily employed by such company,

then such crew member shall be entitled to lawfully carry any

weapon to which such license relates and function as an armored car

crew member in any State while such member is acting in the service

of such company.

(b) Minimum State requirements

A State agency meets the minimum State requirements of this

subsection if -

(1) in issuing an initial weapons license to an armored car

crew member described in subsection (a) of this section, the

agency determines to its satisfaction that -

(A) the crew member has received classroom and range training

in weapons safety and marksmanship during the current year from

a qualified instructor for each weapon that the crew member

will be licensed to carry; and

(B) the receipt or possession of a weapon by the crew member

would not violate Federal law, determined on the basis of a

criminal record background check conducted during the current

year;

(2) in issuing a renewal of a weapons license to an armored car

crew member described in subsection (a) of this section, the

agency determines to its satisfaction that -

(A) the crew member has received continuing training in

weapons safety and marksmanship from a qualified instructor for

each weapon that the crew member is licensed to carry; and

(B) the receipt or possession of a weapon by the crew member

would not violate Federal law, as determined by the agency; and

(3) in issuing a weapons license under paragraph (1) or

paragraph (2), as the case may be -

(A) the agency issues such license for a period not to exceed

2 years; or

(B) the agency issues such license for a period not to exceed

5 years in the case of a State that enacted a State law before

October 1, 1996, that provides for the issuance of an initial

weapons license or a renewal of a weapons license, as the case

may be, for a period not to exceed 5 years.

-SOURCE-

(Pub. L. 103-55, Sec. 3, July 28, 1993, 107 Stat. 276; Pub. L.

105-287, Sec. 2, Oct. 27, 1998, 112 Stat. 2776.)

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AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-287, Sec. 2(a), amended heading

and text of subsec. (a) generally. Prior to amendment, text read

as follows: ''If an armored car crew member employed by an armored

car company has in effect a license issued by the appropriate State

agency (in the State in which such member is primarily employed by

such company) to carry a weapon while acting in the services of

such company in that State, and such State agency meets the minimum

State requirements under subsection (b) of this section, then such

crew member shall be entitled to lawfully carry any weapon to which

such license relates in any State while such crew member is acting

in the service of such company.''

Subsec. (b). Pub. L. 105-287, Sec. 2(b), amended heading and text

of subsec. (b) generally. Prior to amendment, text read as

follows: ''A State agency meets the minimum State requirements of

this subsection if in issuing a weapons license to an armored car

crew member described in subsection (a) of this section, the agency

requires the crew member to provide information on an annual basis

to the satisfaction of the agency that -

''(1) the crew member has received classroom and range training

in weapons safety and marksmanship during the current year by a

qualified instructor for each weapon that the crew member is

licensed to carry; and

''(2) the receipt or possession of a weapon by the crew member

would not violate Federal law, determined on the basis of a

criminal record background check conducted during the current

year.''

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-287, Sec. 3, Oct. 27, 1998, 112 Stat. 2777, provided

that: ''The amendments made by section 2 (amending this section)

shall take effect 30 days after the date of the enactment of this

Act (Oct. 27, 1998).''

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15 USC Sec. 5903 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 85 - ARMORED CAR INDUSTRY RECIPROCITY

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Sec. 5903. Relation to other laws

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This chapter shall supersede any provision of State law (or the

law of any political subdivision of a State) that is inconsistent

with this chapter.

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(Pub. L. 103-55, Sec. 4, July 28, 1993, 107 Stat. 277.)

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15 USC Sec. 5904 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 85 - ARMORED CAR INDUSTRY RECIPROCITY

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Sec. 5904. Definitions

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As used in this chapter:

(1) The term ''armored car crew member'' means an individual

who provides protection for goods transported by an armored car

company.

(2) The term ''armored car company'' means a company -

(A) subject to regulation under subchapter I of chapter 135

of title 49; and

(B) is (FOOTNOTE 1) registered under chapter 139 of such

title, in order to engage in the business of transporting and

protecting currency, bullion, securities, precious metals, food

stamps, and other articles of unusual value in interstate

commerce.

(FOOTNOTE 1) So in original. The word ''is'' probably should

not appear.

(3) The term ''State'' means any State of the United States or

the District of Columbia.

-SOURCE-

(Pub. L. 103-55, Sec. 5, July 28, 1993, 107 Stat. 277; Pub. L.

104-88, title III, Sec. 336, Dec. 29, 1995, 109 Stat. 954.)

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AMENDMENTS

1995 - Par. (2). Pub. L. 104-88 substituted ''subchapter I of

chapter 135'' for ''subchapter II of chapter 105'' in subpar. (A)

and ''is registered under chapter 139'' for ''holding the

appropriate certificate, permit, or license issued under subchapter

II of chapter 109'' in subpar. (B).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

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