(1) As used in this section, unless the context otherwise requires: (a) "Peace officer" means a certified peace officer described in section 16-2.5-102. (b) "Photographic identification" means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d). (2) Except as described in subsection (3) of this section, on and after August 7, 2013, if the department had a policy in effect as of August 7, 2013, of issuing photographic identification to peace officers who have retired from the department, and the department discontinues said policy after August 7, 2013, the department shall continue to provide such photographic identification to peace officers who have retired from the department if: (a) The peace officer requests the identification; (b) The peace officer retired from the department before the date upon which the department discontinued the policy; and (c) The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c). (3) Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act" , Pub. L. 103- 159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification. (4) The department may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the department in issuing the photographic identification. (5) Notwithstanding any other provision of this section, the department shall not be required to issue a photographic identification to a particular peace officer if the attorney general elects not to do so. (6) If the department denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the department shall provide the retired peace officer a written statement setting forth the reason for the denial.
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