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Louisiana State Laws: Field-Division

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Louisiana State Laws

Updated through all 2018 Legislation.

Office of the Attorney General New Orleans Field Division


1885 N. Third Street One Galleria Boulevard, Suite 1700
Baton Rouge, LA 70802 Metairie, Louisiana 70001
Voice: (225) 326-6079 Voice: (504) 841-7000
https://www.ag.state.la.us/ https://www.atf.gov/new-orleans-
field-division

Table of Contents
Title 14. Criminal Law
Chapter 1. Criminal Code
Part 5. Offenses Affecting the Public Morals
Subpart B. Offenses Affecting General Morality
2. Offenses Affecting the Health and Morals of Minors
§ Sec. 14:91. Unlawful sales of weapons to minors.
Part 6. Offenses Affecting the Public Generally
Subpart A. Offenses Affecting the Public Safety
§ Sec. 14:95. Illegal carrying of weapons.
§ Sec. 14:95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies.
§ Sec. 14:95.1.1. Illegally supplying a felon with a firearm.
§ Sec. 14:95.1.2. Illegally supplying a felon with ammunition.
§ Sec. 14:95.1.3. Fraudulent firearm and ammunition purchase.
§ Sec. 14:95.1.4. Illegal transfer of a firearm to a prohibited possessor
§ Sec. 14:95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-
sponsored functions, or in a firearm-free zone.
§ Sec. 14:95.6. Firearm-free zone; notice; signs; crime; penalties.
§ Sec. 14:95.7. Possession of or dealing in firearms with obliterated numbers or marks.
§ Sec. 14:95.8. Illegal possession of a handgun by a juvenile.
§ Sec. 14:95.10 Possession of a firearm or carrying of a concealed weapon by a person convicted of domestic abuse
battery.

Title 40. Public Health and Safety


Chapter 6. Department of Public Safety
Part 3. State Police
Subpart A. State Police Law
§ Sec. 40:1379.3. Statewide permits for concealed handguns; application procedures; definitions.
Chapter 9. Weapons
Part 1. Machine Guns
§ Sec. 40:1751. Definitions.
§ Sec. 40:1752. Handling of machine guns unlawful; exceptions.
§ Sec. 40:1753. Transfers of possessions permitted in certain cases; method.
§ Sec. 40:1754. Registers to be kept; inspection thereof.
§ Sec. 40:1755. Penalty.
Part 2. Registration
§ Sec. 40:1781. Definitions.
§ Sec. 40:1782. Exemptions from Part.
§ Sec. 40:1785. Possession or dealing in unregistered or illegally transferred weapons.
§ Sec. 40:1788. Identification with number or other mark; obliteration or alteration of number or mark.
§ Sec. 40:1789. Records of importers, manufacturers, or dealers.
§ Sec. 40:1790. Rules and regulations; importation of firearms.
§ Sec. 40:1791. Penalty.
§ Sec. 40:1792. Possession of unidentifiable firearm; particular penalties; identification of source of firearm.
Part 4. Armor-Piercing Bullets
§ Sec. 40:1810. Definitions.
§ Sec. 40:1811. Prohibitions.
§ Sec. 40:1812. Exemptions.
Title 46. Public Welfare and Assistance
Chapter 28. Protection From Family Violence Act
Part 2. Domestic Abuse Assistance
§ Sec. 46:2136.3. Prohibition on the possession of firearms by a person against whom a protective order is issued

Title 14. Criminal Law


Chapter 1. Criminal Code
Part 5. Offenses Affecting the Public Morals
Subpart B. Offenses Affecting General Morality
2. Offenses Affecting the Health and Morals of Minors
§ Sec. 14:91. Unlawful sales of weapons to minors.
A. Unlawful sales of weapons to minors is the selling or otherwise delivering for value of any firearm or other
instrumentality customarily used as a dangerous weapon to any person under the age of eighteen. Lack of knowledge of
the minor's age shall not be a defense.
B. Whoever commits the crime of unlawful sales of weapons to minors shall be fined not more than $300 or imprisoned
for not more than 6 months, or both.
Part 6. Offenses Affecting the Public Generally
Subpart A. Offenses Affecting the Public Safety
§ Sec. 14:95. Illegal carrying of weapons.
A. Illegal carrying of weapons is:
(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use
as a dangerous weapon, on one's person; or
(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a
dangerous weapon, at any time by an enemy alien; or
(5)
(a) The intentional possession or use by any person of a dangerous weapon on a school campus during regular
school hours or on a school bus. "School" means any elementary, secondary, high school, or vo-tech school in
this state and "campus" means all facilities and property within the boundary of the school property. "School bus"
means any motor bus being used to transport children to and from school or in connection with school activities.
(b) The provisions of this Paragraph shall not apply to:
(i) A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.
(ii) A school official or employee acting during the normal course of his employment or a student acting under
the direction of such school official or employee.
(iii) Any person having the written permission of the principal or school board and engaged in competition or
in marksmanship or safety instruction.
B.
(1) Whoever commits the crime of illegal carrying of weapons shall be fined not more than $500, or imprisoned for not
more than 6 months, or both.
(2) Whoever commits the crime of illegal carrying of weapons with any firearm used in the commission of a crime of
violence as defined in R.S. 14:2(B), shall be fined not more than $2,000, or imprisoned, with or without hard labor, for
not less than 1 year nor more than 2 years, or both. Any sentence issued pursuant to the provisions of this Paragraph
and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served
consecutively.
C. On a second conviction, the offender shall be imprisoned with or without hard labor for not more than 5 years.
D. On third and subsequent convictions, the offender shall be imprisoned with or without hard labor for not more than 10
years without benefit of parole, probation, or suspension of sentence.
E. If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily
used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence
or while unlawfully in the possession of a controlled dangerous substance except the possession of 14 grams or less of
marijuana, or during the unlawful sale or distribution of a controlled dangerous substance, the offender shall be fined not
more than $10,000 and imprisoned at hard labor for not less than 5 nor more than 10 years without the benefit of
probation, parole, or suspension of sentence. Upon a second or subsequent conviction, the offender shall be imprisoned
at hard labor for not less than 20 years nor more than 30 years without the benefit of probation, parole, or suspension of
sentence
F.
(1) For purposes of determining whether a defendant has a prior conviction for a violation of this Section, a conviction
pursuant to this Section or a conviction pursuant to an ordinance of a local governmental subdivision of this state
which contains the elements provided for in Subsection A of this Section shall constitute a prior conviction.
(2) The enhanced penalty upon second, third, and subsequent convictions shall not be applicable in cases where
more than 5 years have elapsed since the expiration of the maximum sentence, or sentences, of the previous
conviction or convictions, and the time of the commission of the last offense for which he has been convicted; the
sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.
(3) Any ordinance that prohibits the unlawful carrying of firearms enacted by a municipality, town, or similar political
subdivision or governing authority of this state shall be subject to the provisions of R.S. 40:1796.
G.
(1) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to sheriffs and their deputies,
state and city police, constables and town marshals, or persons vested with police power when in the actual discharge
of official duties. These provisions shall not apply to sheriffs and their deputies and state and city police who are not
actually discharging their official duties, provided that such persons are full time, active, and certified by the Council
on Peace Officer Standards and Training and have on their persons valid identification as duly commissioned law
enforcement officers.
(2) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to any law enforcement officer
who is retired from full-time active law enforcement service with at least 12 years of service upon retirement, nor shall
it apply to any enforcement officer of the office of state parks, in the Department of Culture, Recreation and Tourism
who is retired from active duty as an enforcement officer, provided that such retired officers have on their persons
valid identification as retired law enforcement officers, which identification shall be provided by the entity which
employed the officer prior to his or her public retirement. The retired law enforcement officer must be qualified
annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such
qualification. This exception shall not apply to such officers who are medically retired based upon any mental
impairment.
(3)
(a) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to active or retired reserve
or auxiliary law enforcement officers qualified annually by the Council on Peace Officer Standards and Training
and who have on their person valid identification as active or retired reserve law or auxiliary municipal police
officers. The active or retired reserve or auxiliary municipal police officer shall be qualified annually in the use of
firearms by the Council on Peace Officer Standards and Training and have proof of such certification.
(b) For the purposes of this Paragraph, a reserve or auxiliary municipal police officer shall be defined as a
volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation
and has regular police powers while functioning as such agency's representative, and who participates on a
regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and
the preservation of the peace and enforcement of the law.
H.
(1) Except as provided in Paragraph (A)(5) of this Section and in Paragraph (2) of this Subsection, the provisions of
this Section shall not prohibit active justices or judges of the supreme court, courts of appeal, district courts, parish
courts, juvenile courts, family courts, city courts, federal courts domiciled in the state of Louisiana, and traffic courts,
members of either house of the legislature, officers of either house of the legislature, the legislative auditor,
designated investigative auditors, constables, coroners, designated coroner investigators, district attorneys and
designated assistant district attorneys, United States attorneys and assistant United States attorneys and
investigators, the attorney general, designated assistant attorneys general, and justices of the peace from possessing
and concealing a handgun on their person when such persons are qualified annually in the use of firearms by the
Council on Peace Officer Standards and Training.
(2) Nothing in this Subsection shall permit the carrying of a weapon in the state capitol building.
I. The provisions of this Section shall not prohibit the carrying of a concealed handgun by a person who is a college or
university police officer under the provisions of R.S. 17:1805 and who is carrying a concealed handgun in accordance with
the provisions of that statute.
K.
(1) The provisions of this Section shall not prohibit a retired justice or judge of the supreme court, courts of appeal,
district courts, parish courts, juvenile courts, family courts, city courts, retired attorney general, retired assistant
attorneys general, retired district attorneys, and retired assistant district attorneys, from possessing and concealing a
handgun on their person provided that such retired person is qualified annually in the use of firearms by the Council
on Peace Officer Standards and Training and has on their person valid identification showing proof of their status as a
retired justice, judge, attorney general, assistant attorney general, district attorney, or assistant district attorney.
(2) The retired justice, judge, attorney general, assistant attorney general, district attorney, or assistant district
attorney shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and
have proof of qualification. However, this Subsection shall not apply to a retired justice, judge, attorney general,
assistant attorney general, district attorney, or assistant district attorney who is medically retired based upon any
mental impairment, or who has entered a plea of guilty or nolo contendere to or been found guilty of a felony offense.
For the purposes of this Subsection, "retired district attorney" or "retired assistant district attorney" shall mean a
district attorney or an assistant district attorney receiving retirement benefits from the District Attorneys' Retirement
System.
§ Sec. 14:95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies.
A. It is unlawful for any person who has been convicted of, or has been found not guilty by reason of insanity for, a crime
of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an
inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous
instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a
bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous
substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is
defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated
offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States
or of any foreign government or country of a crime which, if committed in this state, would be one of the above-
enumerated crimes, to possess a firearm or carry a concealed weapon.
B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than 5
nor more than 20 years without the benefit of probation, parole, or suspension of sentence and be fined not less than
$1,000 nor more than $5,000. Notwithstanding the provisions of R.S. 14:27, whoever is found guilty of attempting to
violate the provisions of this Section shall be imprisoned at hard labor for not more than 7-1/2 years and fined not less
than $500 nor more than $2,500.
C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who
have been convicted of, or who have been found not guilty by reason of insanity for, certain felonies shall not apply to any
person who has not been convicted of, or who has not been found guilty by reason of insanity for, any felony for a period
of 10 years from the date of completion of sentence, probation, parole, suspension of sentence, or discharge from a
mental institute by a court of competent jurisdiction.
D. For the purposes of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun,
black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from
which a shot or projectile is discharged by an explosive.
§ Sec. 14:95.1.1. Illegally supplying a felon with a firearm.
A. Illegally supplying a felon with a firearm is the intentional giving, selling, donating, providing, lending, delivering, or
otherwise transferring a firearm to any person known by the offender to be a person convicted of a felony and prohibited
from possessing a firearm as provided for in R.S. 14:95.1.
B. Whoever commits the crime of illegally supplying a felon with a firearm shall be imprisoned with or without hard labor
for not more than 5 years and may be fined not less than $1,000 nor more than $5,000. At least 1 year of the sentence
imposed shall be served without benefit of parole, probation, or suspension of sentence.
§ Sec. 14:95.1.2. Illegally supplying a felon with ammunition.
A. Illegally supplying a felon with ammunition is the intentional giving, selling, donating, providing, lending, delivering, or
otherwise transferring ammunition to any person known by the offender to be a person convicted of a felony and
prohibited from possessing a firearm as provided for in R.S. 14:95.1.
B. For the purposes of this Section, the following words shall have the following meanings:
(1) "Ammunition" means any projectiles with their fuses, propelling charges, or primers fired from any firearm.
(2) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle, which is
designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an
explosive.
C. Whoever commits the crime of illegally supplying a felon with ammunition shall be imprisoned for not more than 5 years
and may be fined not less than $1,000 nor more than $5,000.
§ Sec. 14:95.1.3. Fraudulent firearm and ammunition purchase.
A. It is unlawful for any person:
(1) To knowingly solicit, persuade, encourage, or entice a licensed dealer or private seller of firearms or ammunition to
sell a firearm or ammunition under circumstances which the person knows would violate the laws of this state or of the
United States.
(2) To provide to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially
false information with intent to deceive the dealer or seller about the legality of a sale of a firearm or ammunition.
(3) To willfully procure another person to engage in conduct prohibited by this Section.
B. For purposes of this Section:
(1) "Ammunition" means any cartridge, shell, or projectile designed for use in a firearm.
(2) "Licensed dealer" means a person who is licensed pursuant to 18 U.S.C. § 923 to engage in the business of
dealing in firearms or ammunition.
(3) "Materially false information" means information that portrays an illegal transaction as legal or a legal
transaction as illegal.
(4) "Private seller" means a person who sells or offers for sale any firearm or ammunition.
C. The provisions of this Section shall not apply to a law enforcement officer acting in his official capacity or to a person
acting at the direction of such law enforcement officer.
D. Whoever violates the provisions of Subsection A of this Section shall be fined not less than $1,000 or more than
$5,000, or imprisoned, with or without hard labor, for not more than 20 years, or both. The sentence imposed shall be
served without benefit of parole, probation, or suspension of sentence.
E.
(1) If a person is reported ineligible to purchase firearms by the National Instant Criminal Background Check System
(NICS), the licensed dealer shall report the NICS denial to the sheriff of the parish in which the attempted purchase
occurred and to the Louisiana Automated Victim Notification System.
(2) If at any time a law enforcement agency discovers that a licensed dealer knew or should have known that a
purchaser or attempted purchaser of a firearm was prohibited from possessing a firearm and the licensed dealer failed
to report as required by this Section, the sheriff or law enforcement agency shall notify all state and federal licensing
agencies of the licensed dealer’s failure to report.
§ Sec. 14:95.1.4. Illegal transfer of a firearm to a prohibited possessor
A. Illegal transfer of a firearm to a prohibited possessor is the intentional giving, selling, donating, lending, delivering, or
otherwise transferring a firearm to any person known to the offender to be a person prohibited from possessing a firearm
under state or federal law.
B. Whoever commits the crime of illegal transfer of a firearm to a prohibited possessor may be fined not more than two
thousand five hundred dollars, imprisoned for not more than one year, or both.
§ Sec. 14:95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at
school-sponsored functions, or in a firearm-free zone.
A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a
school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or
dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school
sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any
extracurricular activities, or within 1,000 feet of any school campus.
B. For purposes of this Section, the following words have the following meanings:
(1) "Campus" means all facilities and property within the boundary of the school property.
(2) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not
have permission to be on the school campus.
(3) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this
state.
(4) "School bus" means any motor bus being used to transport children to and from school or in connection with
school activities
C. The provisions of this Section shall not apply to:
(1) A federal law enforcement officer or a Louisiana-commissioned state or local Post Certified law enforcement
officer who is authorized to carry a firearm.
(2) A school official or employee acting during the normal course of his employment or a student acting under the
direction of such school official or employee.
(3) Any person having the written permission of the principal or as provided in R.S. 17:3361.1.
(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property,
or entirely within a private residence.
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely
within a motor vehicle.
(6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in
the class.
(7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC
function under the authorization of a university.
(8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person
with permission of the administration.
(9) Any person who has a valid concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3 and who
carries a concealed handgun within one thousand feet of any school campus.
D.
(1) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, by a student or
nonstudent on school property, at a school-sponsored function, or in a firearm-free zone shall be imprisoned at hard
labor for not more than 5 years.
(2) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, on school
property or in a firearm-free zone with the firearm or dangerous weapon being used in the commission of a crime of
violence as defined in R.S. 14:2(B) on school property or in a firearm-free zone, shall be fined not more than $2,000,
or imprisoned, with or without hard labor, for not less than 1 year nor more than 5 years, or both. Any sentence issued
pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as
defined in R.S. 14:2(B) shall be served consecutively. Upon commitment to the Department of Public Safety and
Corrections after conviction for a crime committed on school property, at a school-sponsored function or in a firearm-
free zone, the department shall have the offender evaluated through appropriate examinations or tests conducted
under the supervision of the department. Such evaluation shall be made within 30 days of the order of commitment.
E. Lack of knowledge that the prohibited act occurred on or within 1,000 feet of school property shall not be a defense.
F.
(1) School officials shall notify all students and parents of the impact of this legislation and shall post notices of the
impact of this Section at each major point of entry to the school. These notices shall be maintained as permanent
notices.
(2)
(a) If a student is detained by the principal or other school official for violation of this Section or the school
principal or other school official confiscates or seizes a firearm or concealed weapon from a student while upon
school property, at a school function, or on a school bus, the principal or other school official in charge at the time
of the detention or seizure shall immediately report the detention or seizure to the police department or sheriff's
department where the school is located and shall deliver any firearm or weapon seized to that agency.
(b) The confiscated weapon shall be disposed of or destroyed as provided by law.
(3) If a student is detained pursuant to Paragraph (2) of this Subsection for carrying a concealed weapon on campus,
the principal shall immediately notify the student's parents.
(4) If a person is arrested for carrying a concealed weapon on campus by a university or college police officer, the
weapon shall be given to the sheriff, chief of police, or other officer to whom custody of the arrested person is
transferred as provided by R.S. 17:1805(B).
G. Any principal or school official in charge who fails to report the detention of a student or the seizure of a firearm or
concealed weapon to a law enforcement agency as required by Paragraph (F)(2) of this Section within 72 hours of notice
of the detention or seizure may be issued a misdemeanor summons for a violation hereof and may be fined not more than
$500 or sentenced to not more than 40 hours of community service, or both. Upon successful completion of the
community service or payment of the fine, or both, the arrest and conviction shall be set aside as provided for in Code of
Criminal Procedure Article 894(B).
§ Sec. 14:95.6. Firearm-free zone; notice; signs; crime; penalties.
A. A "firearm-free zone" is an area inclusive of any school campus and within 1,000 feet of any such school campus,
and within a school bus, wherein the possession of firearms is prohibited, except as specifically set forth in Subsection B
of this Section and R.S. 14:95.2(C).
B. The provisions of this Section shall not apply to:
(1) A federal, state, or local law enforcement building.
(2) A military base.
(3) A commercial establishment which is permitted by law to have firearms or armed security.
(4) Private premises where a firearm is kept pursuant to law.
(5) Any constitutionally protected activity within the firearm-free zone, such as a firearm contained entirely within a
motor vehicle.
C. For purposes of this Section:
(1) "School" means any public or private elementary, secondary, high school, or vocational-technical school, college,
or university in this state.
(2) "School campus" means all facilities and property within the boundary of the school property.
(3) "School bus" means any motor bus being used to transport children to and from school or in connection with
school activities.
D. The local governing authority which has jurisdiction over zoning matters in which each firearm-free zone is located shall
publish a map clearly indicating the boundaries of each firearm-free zone in accordance with the specifications in
Subsection A. The firearm-free zone map shall be made an official public document and placed with the clerk of court for
the parish or parishes in which the firearm-free zone is located.
E.
(1) The state superintendent of education, with the approval of the State Board of Elementary and Secondary
Education, and the commissioner of higher education, with the approval of the Board of Regents, shall develop a
method by which to mark firearm-free zones, including the use of signs or other markings suitable to the situation.
Signs or other markings shall be located in a visible manner on or near each school and on and in each school bus
indicating that such area is a firearm-free zone and that such zone extends to 1,000 feet from the boundary of school
property. The state Department of Education shall assist each approved school with the posting of notice as required
in this Subsection.
(2) Signs or other markings, in addition to the method developed pursuant to Paragraph (1) of this Subsection, shall
provide notice that armed law enforcement officers are permitted within the firearm-free zone by including in the signs
or other markings the language "Law Enforcement Weapons Permitted" or language substantially similar thereto.
F.
(1) It is unlawful for any person to cover, remove, deface, alter, or destroy any sign or other marking identifying a
firearm-free zone as provided in this Section.
(2) Whoever violates the provisions of this Subsection shall be fined not more than $1,000 or imprisoned for not more
than 6 months, or both.
§ Sec. 14:95.7. Possession of or dealing in firearms with obliterated numbers or marks.
A. No person shall intentionally receive, possess, carry, conceal, buy, sell, or transport any firearm from which the serial
number or mark of identification has been obliterated.
B. This Section shall not apply to any firearm which is an antique or war relic and is inoperable or for which ammunition is
no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade, or
which was originally manufactured without such a number.
C. Whoever violates the provisions of this Section shall be fined not more than $1,000 and imprisoned as follows:
(1) For a first offense, the penalty shall be imprisonment, with or without hard labor, for not less than 1 year nor more
than 5 years.
(2) For a second or subsequent offense, the penalty shall be imprisonment, with or without hard labor, for not less
than 2 years nor more than 10 years.
§ Sec. 14:95.8. Illegal possession of a handgun by a juvenile.
A. It is unlawful for any person who has not attained the age of 17 years knowingly to possess any handgun on his
person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a
handgun by a juvenile.
B.
(1) On a first conviction, the offender shall be fined not more than $100 and imprisoned for not less than 90 days and
not more than 6 months.
(2) On a second conviction, the offender shall be fined not more than $500 and imprisoned with or without hard labor
for not more than 2 years.
(3) On a third or subsequent conviction, the offender shall be fined not more than $1,000 and imprisoned at hard labor
for not more than 5 years.
(4) A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent
for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon
a first or subsequent conviction be fined not less than $500 and not more than $1,000 and shall be imprisoned with or
without hard labor for not less than 6 months and not more than 5 years. At least 90 days shall be served without
benefit of probation, parole, or suspension of sentence.
C. The provisions of this Section shall not apply to any person under the age of 17 years who is:
(1) Attending a hunter's safety course or a firearms safety course.
(2) Engaging in practice in the use of a firearm or target shooting at an established range.
(3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.
(4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an
unloaded gun.
(5) On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee
of the property.
(6) At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a
handgun.
(7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such
person carries on his person a copy of such written permission.
D. For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the
barrel length shall not exceed twelve inches.
§ Sec. 14:95.10 Possession of a firearm or carrying of a concealed weapon by a person convicted of domestic
abuse battery and certain offenses of battery of a dating partner.
A. It is unlawful for any person who has been convicted of any of the following offenses to possess a firearm or carry a
concealed weapon:
(1) Domestic abuse battery (R.S. 14:35.3).
(2) A second or subsequent offense of battery of a dating partner (R.S. 14:34.9).
(3) Battery of a dating partner when the offense involves strangulation (R.S. 14:34.9(K)).
(4) Battery of a dating partner when the offense involves burning (R.S. 14:34.9(L)).
B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned with or without hard labor for not
less than 1 year nor more than 5 years and shall be fined not less than $500 nor more than $1,000.
C. A person shall not be considered to have been convicted of domestic abuse battery or battery of a dating partner for
purposes of this Section unless the person was represented by counsel in the case, or knowingly and intelligently waived
the right to counsel in the case; and in the case of a prosecution for an offense described in this Section for which a
person was entitled to a jury trial in the jurisdiction in which the case was tried, either the case was tried by a jury, or the
person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. A person
shall not be considered convicted of R.S. 14:35.3 or 34.9 for the purposes of this Section if the conviction has been
expunged, set aside, or is an offense for which the person has been pardoned or had civil rights restored unless the
pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, possess, or receive
firearms.
D. For the provisions of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun,
black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from
which a shot or projectile is discharged by an explosive.
E. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who
have been convicted of the offenses set forth in Subsection A of this Section shall not apply to any person who has not
been convicted of any of the offenses set forth in Subsection A of this Section for a period of 10 years from the date of
completion of sentence, probation, parole, or suspension of sentence.

Title 40. Public Health and Safety


Chapter 6. Department of Public Safety
Part 3. State Police
Subpart A. State Police Law
§ Sec. 40:1379.3. Statewide permits for concealed handguns; application procedures; definitions.
A.
(1) Notwithstanding any other provision of law to the contrary, the deputy secretary of public safety services of the
Department of Public Safety and Corrections shall issue a concealed handgun permit to any Louisiana resident who
qualifies for a permit under the provisions of this Section and may promulgate rules and adopt regulations regarding
concealed handgun permits in accordance with the Administrative Procedure Act. The permit shall contain a permit
number, expiration date, photograph, and the name, address, and date of birth of the permittee.
(2) Any information in any application for a concealed handgun permit or any information provided in connection with
the application submitted to the deputy secretary of public safety services of the Department of Public Safety and
Corrections under the provisions of this Section shall be held confidential and shall not be subject to any public
records request nor shall the information be considered as a public record pursuant to R.S. 44:1 et seq. The
Department of Public Safety and Corrections shall not release any list of persons who applied for or received a permit
for a concealed handgun pursuant to this Section. However, nothing contained herein shall limit or impede the free
flow of information between law enforcement agencies, prohibit the department from releasing information necessary
to perform the background investigation, or provide statistical information which does not identify individual applicants
or permittees.
(3)
(a) Absent a valid court order requiring the release of information, or unless an applicant or a recipient of a
concealed handgun permit is charged with a felony offense involving the use of a handgun, it shall be unlawful for
any employee of the Department of Public Safety and Corrections or any law enforcement officer to intentionally
release or disseminate for publication any information contained in an application for a concealed handgun permit
or any information regarding the identity of any person who applied for or received a concealed handgun permit
issued pursuant to this Section. A person who violates the provisions of this Subparagraph shall be fined not more
than five hundred dollars, imprisoned for not more than six months, or both.
(b)
(i) It shall be unlawful for any person other than an employee of the Department of Public Safety and
Corrections or a law enforcement officer to intentionally release, disseminate, or make public in any manner
any information contained in an application for a concealed handgun permit or any information regarding the
identity of any person who applied for or received a concealed handgun permit issued pursuant to this
Section. Any person who violates the provisions of this Subparagraph shall be fined ten thousand dollars and
may be imprisoned for not more than six months.
(ii) The provisions of this Subparagraph shall not apply to the release of information under any of the following
circumstances:
(aa) A valid court order requires the release of the information.
(bb) The information released identifies a concealed handgun permit holder or applicant who is charged
with a felony offense involving the use of a handgun.
(cc) The information regarding a concealed handgun permit applicant or holder is released pursuant to
the express approval for the release of such information by that permit applicant or holder.
(dd) The information regarding a concealed handgun permit holder or applicant has been made public by
that concealed handgun permit holder or applicant.
B.
(1) A concealed handgun permit shall be issued only to a Louisiana resident who qualifies for a permit under the
provisions of this Section. A concealed handgun permit issued pursuant to the provisions of this Section shall grant
authority to a Louisiana resident to carry a concealed handgun on his person.
(2) A Louisiana resident shall be required to possess a valid concealed handgun permit issued by the state of
Louisiana pursuant to the provisions of this Section in order to carry a concealed handgun in the state of Louisiana.
C. To qualify for a concealed handgun permit, a Louisiana resident shall:
(1)
(a) Make sworn application to the deputy secretary of public safety services of the Department of Public Safety
and Corrections. The providing of false or misleading information on the application or any documents submitted
with the application shall be grounds for the denial or revocation of a concealed handgun permit. The application
shall reflect training in pistols, revolvers, or both. Any permittee under this Section shall notify the department of
any address or name change within thirty days of the change. Failure to timely notify the department of a name or
address change may result in suspension of the permit for up to thirty days.
(b) In the case of an applicant who is not a United States citizen, the applicant shall provide any alien or
admission number issued by the United States Bureau of Immigration and Customs Enforcement and any basis, if
applicable, for an exception to the prohibitions of 18 U.S.C. 922(g)(5)(B).
(2) Agree in writing to hold harmless and indemnify the department, the state, or any peace officer for any and all
liability arising out of the issuance or use of the concealed handgun permit.
(3) Be a resident of the state.
(4) Be twenty-one years of age or older.
(5) Not suffer from a mental or physical infirmity due to disease, illness, or intellectual disability which prevents the
safe handling of a handgun.
(6) Not be ineligible to possess a firearm by virtue of having been convicted of a felony. A conviction for a felony
offense which has been expunged prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after
August 1, 2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered a conviction for
the purposes of this Paragraph if ten years have elapsed since the completion of the resident’s probation, parole, or
suspended sentence. However, the provisions of this Paragraph shall not apply to a conviction for a crime of violence
as defined in R.S. 14:2(B) even if that conviction has been expunged. A conviction for which a person has been
pardoned by the governor shall not be considered a conviction for purposes of this Paragraph, unless that pardon
expressly provides that the person may not ship, transport, possess, or receive firearms.
(7) Not have been committed, either voluntarily or involuntarily, for the abuse of a controlled dangerous substance, as
defined by R.S. 40:961 and 964, or been found guilty of, or entered a plea of guilty or nolo contendere to a
misdemeanor under the laws of this state or similar laws of any other state relating to a controlled dangerous
substance within a five-year period immediately preceding the date on which the application is submitted, or be
presently charged under indictment or a bill of information for such an offense.
(8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall
be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his
normal faculties are impaired if the applicant has been found guilty of, or entered a plea of guilty or nolo contendere to
operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an
alcoholic, within the five-year period immediately preceding the date on which the application is submitted, or at any
time after the application has been submitted.
(9) Not have entered a plea of guilty or nolo contendere to or been found guilty of a crime of violence as defined in
R.S. 14:2 at the misdemeanor level, unless five years have elapsed since completion of sentence or any other
conditions set by the court have been fulfilled, or unless the conviction was set aside and the prosecution dismissed,
prior to the date on which the application is submitted.
(10) Not have been convicted of, have entered a plea of guilty or nolo contendere to, or not be charged under
indictment or a bill of information for any crime of violence or any crime punishable by imprisonment for a term of one
year or greater. However, a person who has been convicted of a violation of 18 U.S.C. 491(a) shall be permitted to
qualify for a concealed handgun permit if fifteen or more years has elapsed between the date of application and the
successful completion or service of any sentence, deferred adjudication, or period of probation or parole. A conviction
for a felony offense which has been expunged prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or
after August 1, 2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered a conviction
for the purposes of this Paragraph if ten years have elapsed since the completion of the resident’s probation, parole,
or suspended sentence. However, the provisions of this Paragraph shall not apply to a conviction for a crime of
violence as defined in R.S. 14:2(B) even if that conviction has been expunged. A conviction for which a person has
been pardoned by the governor shall not be considered a conviction for purposes of this Paragraph, unless that
pardon expressly provides that the person may not ship, transport, possess, or receive firearms.
(11) Not be a fugitive from justice.
(12) Not be an unlawful user of, or addicted to, marijuana, depressants, stimulants, or narcotic drugs.
(13) Not have been adjudicated to be mentally deficient or been committed to a mental institution, unless the
resident’s right to possess a firearm has been restored pursuant to R.S. 28:57.
(14) Not be an illegal alien in the United States.
(15) Not have been discharged from the Armed Forces of the United States with a discharge characterized as “Under
Other than Honorable Conditions”, a “Bad Conduct Discharge”, or a “Dishonorable Discharge”. In the case of
Commissioned Officers and Warrant Officers of the United States Armed Forces, the punishment of “Dismissal”
rendered subject to a verdict of “guilty” at a trial by military court-martial is deemed to be disqualifying under this
Paragraph. For the purposes of this Paragraph, the United States Coast Guard is considered an armed force.
(16) Not have a history of engaging in violent behavior. There shall be a rebuttable presumption that an applicant has
a history of engaging in violent behavior upon proof that, within a ten-year period immediately preceding the date of
the application, the applicant has been arrested or charged on three or more occasions for any crime of violence as
defined in R.S. 14:2(B), or has been arrested or charged on two or more occasions for any crime of violence that may
be punished by death.
(17) Not be ineligible to possess or receive a firearm under 18 U.S.C. 922(g) or (n).
(18) Not have had a permit denied within one year prior to the most recent application.
(19) Not have had a permit revoked within four years prior to the most recent application.
D.
(1) In addition to the requirements of Subsection C of this Section, an applicant shall demonstrate competence with a
handgun by any one of the following:
(a) Completion of any National Rifle Association handguns safety or training course conducted by a National Rifle
Association certified instructor within the preceding twelve months.
(b) Completion of any Department of Public Safety and Corrections approved firearms safety or training course or
class available to the general public offered by a law enforcement agency, college, or private or public institution
or organization or firearms training school within the preceding twelve months.
(c) Completion of any law enforcement firearms safety or training course or class approved by the Department of
Public Safety and Corrections and offered for correctional officers, investigators, special deputies, or any division
or subdivision of law enforcement or security enforcement within the preceding twelve months.
(d) Possession of a current valid license to carry a concealed weapon issued by a parish law enforcement officer.
(e) Completion of any firearms training or safety course or class approved by the Department of Public Safety and
Corrections within the preceding twelve months.
(f) Completion of a law enforcement training academy program certified by the Council on Peace Officer
Standards and Training. However, any person retired from full-time service as a Louisiana peace officer need only
demonstrate that he was properly certified by the Council on Peace Officer Standards and Training at the time of
retirement.
(g) Completion of small arms training within the preceding sixty months while serving with the armed forces of the
United States as evidenced by any of the following:
(i) For personnel released or retired from active duty, possession of an “Honorable Discharge” or “General
Discharge Under Honorable Conditions” as evidenced by a Department of Defense Form 214 (DD-214).
(ii) For personnel on active duty or serving in one of the National Guard or reserve components of the Armed
Forces, possession of certification of completion of basic training with service record evidence of having
successfully completed small arms training and qualification.
(h) The National Rifle Association’s personal protection course.
(i) For personnel released or retired from active duty or the National Guard or reserve components of the Armed
Forces for more than sixty months, possession of proof indicating combat service and an “Honorable Discharge”
or “General Discharge Under Honorable Conditions” as evidenced by a Department of Defense Form 214 (DD-
214) and completion of the following:
(i) A three-hour course of instruction on the use of deadly force and conflict resolution which shall include a
review of R.S. 14:18 through 22 and which may include a review of any other laws relating to the use of
deadly force within the preceding sixty months.
(ii) A one-hour course of instruction on child access prevention within the preceding sixty months.
(2) Instructors for any class, training, or course of instruction authorized by this Subsection, except for small arms
training in military service as provided in Subparagraph (1)(g) of this Subsection, shall be certified by the Council on
Peace Officer Standards and Training as a firearms instructor or by the National Rifle Association as an instructor for
Basic Pistol Shooting, Personal Protection in the Home, or Personal Protection Outside the Home. Any safety or
training course or class as described in this Subsection, except for basic handgun training in military service provided
in Subparagraph (1)(g) of this Subsection, shall include instruction in child access prevention.
(3) Any live range fire training required to demonstrate competency as authorized by the provisions of this Subsection
may use live ammunition or fixed-case marking projectiles capable of being fired from a handgun.
E.
(1) A photocopy of a certificate of completion of any of the courses or classes, or an affidavit from the instructor,
school, club, organization, or group that conducted or taught said course or class attesting to the completion of the
course or class by the applicant, or a copy of any document which shows completion of the course or class or
confirms participation in firearms competition or honorable discharge shall constitute evidence of qualification
pursuant to Subsection D of this Section.
(2) It shall be illegal to intentionally present false, fraudulent, altered, or counterfeit documents to prove training in
handguns in order to obtain a concealed handgun permit. Whoever intentionally presents false, fraudulent, altered, or
counterfeit documents to prove training in handguns in order to obtain a concealed handgun permit shall be fined not
more than one thousand dollars or imprisoned for not more than six months, or both. In addition, no person convicted
of a violation of this Subsection shall be eligible to obtain a permit.
F.
(1) The deputy secretary shall revoke the permit if at any time during the permit period the permittee fails to satisfy
any one of the qualification requirements provided for in Subsection C of this Section.
(2) The deputy secretary shall revoke the permit for a violation of Subsection I of this Section or R.S. 40:1382.
G. Neither the state, the deputy secretary of public safety services, nor any applicable permitting process employee of the
Department of Public Safety and Corrections shall be liable for acts committed by the permittee, unless the deputy
secretary or applicable permitting process employee had actual knowledge at the time the permit was issued that the
permittee was disqualified by law from carrying a concealed handgun.
H.
(1) The deputy secretary of public safety services of the Department of Public Safety and Corrections shall, within two
working days of the initial application, notify the chief of police of the municipality and the chief law enforcement officer
of the parish in which the applicant is domiciled of such application. Those officers shall have ten days to forward to
the deputy secretary any information relating to the applicant’s legal qualification to receive a permit.
(2) The deputy secretary of public safety services of the Department of Public Safety and Corrections shall issue
timely and without delay the concealed handgun permit to all qualified applicants, which permit shall be for a term of
five years, at a cost of twenty-five dollars per year, and which shall be valid in all parishes statewide. The division may
promulgate rules for the purpose of providing for permits and fees for fewer than five years to the applicants
requesting a shorter time period. Fees may be reduced proportionately for terms of fewer than five years. The permit
shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer.
(3) Anyone who violates the provisions of this Subsection shall be fined not more than one hundred dollars.
I.
(1) No individual to whom a concealed handgun permit is issued may carry and conceal such handgun while under
the influence of alcohol or a controlled dangerous substance. While a permittee is under the influence of alcohol or a
controlled dangerous substance, an otherwise lawful permit is considered automatically suspended and is not valid. A
permittee shall be considered under the influence as evidenced by a blood alcohol reading of .05 percent or greater
by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled
dangerous substance as defined in R.S. 40:961 and 964.
(2) A permittee armed with a handgun in accordance with this Section shall notify any police officer who approaches
the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to
a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer is made aware that
an individual is carrying a concealed handgun and the law enforcement officer has reasonable grounds to believe that
the individual is under the influence of either alcohol or a controlled dangerous substance, the law enforcement officer
may take temporary possession of the handgun and request submission of the individual to a department certified
chemical test for determination of the chemical status of the individual. Whenever a law enforcement officer is made
aware that an individual is behaving in a criminally negligent manner as defined under the provisions of this Section,
or is negligent in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement officer
may seize the handgun, until adjudication by a judge, if the individual is issued a summons or arrested under the
provisions of R.S. 40:1382. Failure by the permittee to comply with the provisions of this Paragraph shall result in a
six-month automatic suspension of the permit.
(3) The permit to carry a concealed weapon shall be revoked by the deputy secretary when the permittee is carrying
and concealing a handgun under any of the following circumstances:
(a) The blood alcohol reading of a permittee is .05 percent or greater by weight of alcohol in the blood.
(b) A permittee’s blood test or urine test shows the confirmed presence of a controlled dangerous substance as
defined in R.S. 40:961 and 964.
(c) A permittee refuses to submit to a department-certified chemical test when requested to do so by a law
enforcement officer pursuant to Paragraph (2) of this Subsection.
(d) An individual is found guilty of negligent carrying of a concealed handgun as provided for in R.S. 40:1382.
(4) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified
person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law
enforcement officer, and he shall be given the opportunity to telephone and request the qualified person to administer
such test.
(5) Whenever a peace officer determines that grounds under this Subsection exist for the revocation of a concealed
handgun permit, he shall prepare an affidavit, on a form provided by the Department of Public Safety and Corrections,
indicating the reasons for the revocation and all other information regarding the revocation available to the officer. A
copy of the peace officer’s report relating to the incident shall be attached to the affidavit when submitted to the
department.
J. For the purposes of this Section, the following terms shall have the meanings ascribed herein:
(1) “Crime of violence” means a crime as defined in R.S. 14:2(B).
(2) “Criminal negligence” means there exists such disregard of the interest of others that the license holder’s
conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful
man under like circumstances.
(3) “Handgun” means a type of firearm commonly referred to as a pistol or revolver originally designed to be fired by
the use of a single hand and which is designed to fire or is capable of firing fixed cartridge ammunition. The term
“handgun” shall not include shotguns or rifles that have been altered by having their stocks or barrels cut or
shortened.
(4) “Resident” means a person who is legally domiciled in Louisiana. An individual shall prove legal domicile by
providing a copy of a valid Louisiana driver’s license or an official Louisiana identification card. Notwithstanding
anything in this Section to the contrary, a person who maintains a dwelling in this state but is residing elsewhere as a
member of the United States military or as a student is still considered to be a resident for the purposes of this
Section.
K. The department shall execute a thorough background investigation, including a criminal history check, of every
applicant for the purpose of verifying the qualifications of the applicant pursuant to the requirements of this Section. For
purposes of this Subsection, a background check shall be defined as a computer check of available on-line state records,
and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation for a national criminal history
record check. In addition, the department shall submit an inquiry on every applicant to the National Instant Criminal
Background Check System of the Federal Bureau of Investigation.
L. Anyone who carries and conceals a handgun in violation of any provision of this Section, unless authorized to do so by
another provision of the law, shall be fined not more than five hundred dollars, or imprisoned for not more than six months,
or both.
M. No concealed handgun permit shall be valid or entitle any permittee to carry a concealed weapon in any facility,
building, location, zone, or area in which firearms are banned by state or federal law.
N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall
authorize or entitle a permittee to carry a concealed handgun in any of the following:
(1) A law enforcement office, station, or building.
(2) A detention facility, prison, or jail.
(3) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.
(4) A polling place.
(5) A meeting place of the governing authority of a political subdivision.
(6) The state capitol building.
(7) Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no
person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for
the purpose of checking such firearm as lawful baggage.
(8) Any church, synagogue, mosque, or other similar place of worship, eligible for qualification as a tax-exempt
organization under 26 U.S.C. 501, except as provided for in Subsection U of this Section.
(9) A parade or demonstration for which a permit is issued by a governmental entity.
(10) Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as
defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell
alcoholic beverages for consumption on the premises.
(11) Any school, school campus, or school bus as defined in R.S. 14:95.6.
O. The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful
custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued
under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into
the private residence of another without first receiving the consent of that person.
P. Within three months of April 19, 1996, the Department of Public Safety and Corrections shall promulgate rules and
regulations in accordance with the Administrative Procedure Act to provide an appeal process in the event that an
applicant is denied issuance of a permit. The department may also promulgate educational requirements for renewal of
concealed handgun permits.
Q. The provisions of this Section shall not apply to commissioned law enforcement officers.
R.
(1) Each permittee, within fifteen days of a misdemeanor or a felony arrest, other than a minor traffic violation, in this
state or any other state, shall notify the deputy secretary of public safety services by certified mail. The deputy
secretary may suspend, for up to ninety days, the permit of any permittee who fails to meet the notification
requirements of this Section.
(2) The Department of Public Safety and Corrections shall submit a report by March thirty-first of each year to the
Senate Committee on Judiciary C and the House Committee on the Administration of Criminal Justice relative to
concealed handgun permits. The report shall include information on the number of licenses issued, denied, revoked,
or suspended and the reasons for such denial, revocation, or suspension to be categorized by age, sex, race, and zip
code of the applicant or licensee. The report shall include data concerning any known accidents or deaths involving
permittees.
S. Notwithstanding any other provision of law to the contrary, the department may develop, print, and distribute an
informational newsletter relative to concealed handgun permittees, safety training, and related matters.
T.
(1) Possession of a current and valid concealed handgun permit issued pursuant to this Section shall constitute
sufficient evidence of the background check required pursuant to 18 U.S.C. 922(t) provided that the appropriate
waiver has been granted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. A person whose permit has
been suspended or revoked by the department and who uses that permit to purchase a firearm from a licensed dealer
knowing that the permit has been suspended or revoked shall be fined not more than five hundred dollars or
imprisoned for not more than six months, or both.
(2) A current and valid concealed handgun permit issued by another state to an individual having attained the age of
twenty-one years shall be deemed to be valid for the out-of-state permit holder to carry a concealed weapon within
this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states.
(3) An out-of-state permit holder carrying a concealed handgun pursuant to this Paragraph is bound by the laws of this
state regarding carrying a concealed handgun pursuant to a permit issued in accordance with this Section.
(4) A concealed handgun permit issued by another state is invalid in the state of Louisiana for the purpose of
authorizing a Louisiana resident to carry a concealed handgun in the state of Louisiana.
(5) The deputy secretary for public safety services shall also have the authority to enter into reciprocity agreements
with other states so that full-time active peace officers commissioned in another state shall have the same authority as
a person issued a concealed handgun permit pursuant to this Section to carry a concealed handgun while in this
state, regardless of whether or not they are in the official discharge of their duties, and full-time active law
enforcement officers commissioned in this state shall have the authority to carry a concealed handgun in those states
whether or not they are in the official discharge of their duties. An out-of-state law enforcement officer carrying a
concealed handgun pursuant to this Paragraph is bound by the laws of this state regarding carrying a concealed
handgun pursuant to a permit issued in accordance with this Section.
U.
(1) The entity which owns the business or has authority over the administration of a church, synagogue, or mosque
shall have the authority to authorize any person issued a valid concealed handgun permit as authorized by the
provisions of this Section to carry a concealed handgun in the church, synagogue, or mosque.
(2) The provisions of this Subsection shall not be construed to limit or prohibit any church, synagogue, or mosque
from employing or designating as armed security guards persons who are either certified law enforcement officers or
authorized to carry concealed handguns pursuant to the provisions of this Section. Armed security guards as provided
in this Paragraph may be compensated, noncompensated, or volunteers.
(3) If the church, synagogue, or mosque authorizes the carrying of concealed handguns as authorized by the
provisions of this Subsection, the pastor, priest, minister, or other authority of the church, synagogue, or mosque shall
inform the congregation of the authorization.
(4) The provisions of this Section shall not be construed to authorize the carrying of a concealed handgun in a church,
synagogue, or mosque located on the property of any school or school property, which would otherwise be prohibited
by the provisions of R.S. 14:95.2.
(5) Any church, synagogue, or mosque authorizing the carrying of concealed handguns pursuant to the provisions of
this Subsection shall require an additional eight hours of tactical training for those persons wishing to carry concealed
handguns in the church, synagogue, or mosque if required by the entity which has authority over the religious
organization pursuant to Paragraph (1) of this Subsection or by the owner of the building’s liability insurance policy.
The training shall be conducted annually.
V.
(1) Notwithstanding any other provision of law to the contrary, a Louisiana resident who meets the provisions of this
Section may be issued a lifetime concealed handgun permit. The term for the lifetime concealed handgun permit shall
be for the life of the permit holder.
(2) A person issued a lifetime concealed handgun permit shall be required to meet the qualifications and competency
requirements for the issuance of a concealed handgun permit pursuant to the provisions of Subsections C and D of
this Section.
(3) A person issued a lifetime concealed handgun permit shall have a continuing obligation to comply with the
provisions of this Section and any other rules or provisions of law regarding the carrying of concealed handguns.
(4)
(a) A lifetime concealed handgun permit holder shall provide the division with proof of completion of educational
training every five years. The educational training shall include all of the following:
(i) Instruction on handgun nomenclature and safe handling procedures for a revolver and a semiautomatic
pistol.
(ii) Instruction on ammunition knowledge and fundamentals of pistol shooting.
(iii) Instruction on handgun shooting positions.
(iv) Instruction on the use of deadly force and conflict resolution which shall include a review of R.S. 14:18
through 22 and which may include a review of any other laws relating to use of deadly force.
(v) Instruction on child access prevention.
(vi) Actual live range fire and proper handgun cleaning procedures:
(aa) Live range fire shall include twelve rounds each at six feet, ten feet, and fifteen feet for a total of
thirty-six rounds.
(bb) Each applicant or permittee must perform at least one safe reload of the handgun at each distance.
(cc) Each applicant or permittee must score one hundred percent hits within the silhouette portion of a
N.R.A. B-27 type silhouette target with at least thirty-six rounds.
(b) Failure to submit proof of completion of the educational training pursuant to the provisions of this Paragraph
shall result in the suspension of the lifetime concealed handgun permit until such time as the lifetime concealed
handgun permit holder submits proof of the educational training required in the provisions of this Paragraph.
(5) The deputy secretary of the department shall revoke the lifetime concealed handgun permit if the permittee fails to
satisfy the qualifications and requirements of Subsection C of this Section or violates the provisions of Subsection I of
this Section.
(6) A lifetime concealed handgun permit shall be suspended if the holder of that permit becomes a resident of another
state. The lifetime concealed handgun permit shall be reactivated upon reestablishment of residency in Louisiana if
the applicant otherwise meets the requirements of this Section and upon successful completion of a criminal history
records check.
(7) An applicant for a lifetime concealed handgun permit shall pay the yearly fee provided for in Paragraph (H)(2) of
this Section but shall prepay that fee for a total of twenty years at the time the application is made. If the applicant is
sixty-five years of age or older, he shall pay the yearly fee provided for in Paragraph (H)(2) of this Section but shall
prepay that fee for a total of ten years at the time the application is made.
W.
(1) Notwithstanding any provision of law to the contrary, an active duty member or reserve member of the armed
forces of the United States shall pay one half of the annual fee provided for in Paragraph (H)(2) of this Section for a
five-year permit, or if applying for a lifetime concealed handgun permit, he shall prepay that fee for a total of ten years
at the time the application for the lifetime concealed handgun permit is made.
(2) A veteran of the armed forces of the United States shall be exempt from all fees associated with the five-year
permit or lifetime concealed carry permit.
(3) For the purposes of this Subsection, “veteran” shall mean any honorably discharged veteran of the armed forces
of the United States including reserved components of the armed forces, the Army National Guard, the Air National
Guard, the U.S. Public Health Service Commissioned Corps, and any other category of persons designated by the
president in time of war or emergency.
Chapter 9. Weapons
Part 1. Machine Guns
§ Sec. 40:1751. Definitions.
For purposes of this Part, "machine gun" includes all firearms of any calibre, commonly known as machine rifles,
machine guns, and sub-machine guns, capable of automatically discharging more than 8 cartridges successively without
reloading, in which the ammunition is fed to the gun from or by means of clips, disks, belts, or some other separable
mechanical device. "Manufacturer" includes all persons manufacturing machine guns; "Merchant" includes all persons
dealing with machine guns as merchandise.
§ Sec. 40:1752. Handling of machine guns unlawful; exceptions.
No person shall sell, keep or offer for sale, loan or give away, purchase, possess, carry, or transport any machine gun
within this state, except that:
(1) All duly appointed peace officers may purchase, possess, carry, and transport machine guns.
(2) This Part does not apply to the Army, Navy, or Marine Corps of the United States, the National Guard, and
organizations authorized by law to purchase or receive machine guns from the United States or from this state. The
members of such Corps, National Guard, and organizations may possess, carry, and transport machine guns while on
duty.
(3) Persons possessing war relics may purchase and possess machine guns which are relics of any war in which the
United States was involved, may exhibit and carry the machine guns in the parades of any military organization, and
may sell, offer to sell, loan, or give the machine guns to other persons possessing war relics.
(4) Guards or messengers employed by common carriers, banks, and trust companies, and pay-roll guards or
messengers may possess and carry machine guns while actually employed in and about the shipment, transportation,
or delivery, or in the guarding of any money, treasure, bullion, bonds, or other thing of value. Their employers may
purchase or receive machine guns and keep them in their possession when the guns are not being used by their
guards or messengers.
(5) Manufacturers and merchants may sell, keep or offer for sale, loan or give away, purchase, possess, and transport
machine guns in the same manner as other merchandise except as otherwise provided in this Part. Common carriers
may possess and transport unloaded machine guns as other merchandise.
§ Sec. 40:1753. Transfers of possessions permitted in certain cases; method.
No manufacturer or merchant shall permit any machine gun to pass from his possession to the possession of any person
other than:
(1) A manufacturer or a merchant.
(2) A common carrier for shipment to a manufacturer or merchant.
(3) A duly authorized agent of the government of the United States or of this state, acting in his official capacity.
(4) A person authorized to purchase a machine gun under the provisions of paragraphs (1) and (4) of R.S. 40:1752.
Manufacturers or merchants shall not deliver a machine gun to any of the persons authorized to purchase it under the
provisions of paragraphs (1) and (4) of R.S. 40:1752 unless the person presents a written permit to purchase and possess
a machine gun, signed by the sheriff of the parish in which the manufacturer or merchant has his place of business or
delivers the machine gun. The manufacturer or merchant shall retain the written permit and keep it on file in his place of
business. Each sheriff shall keep a record of all permits issued by him.
§ Sec. 40:1754. Registers to be kept; inspection thereof.
Every manufacturer or merchant shall keep a register of all machine guns manufactured or handled by him. This register
shall show:
(1) The date of the sale, loan, gift, delivery, or receipt of any machine gun;
(2) The name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered,
or from whom it was received; and
(3) The purpose for which the person, to whom the machine gun was sold, loaned, given, or delivered, purchased or
obtained it.
Upon demand, every manufacturer or merchant shall permit any sheriff or deputy sheriff or any police officer to inspect his
entire stock of machine guns, and parts and supplies therefor, and shall produce the register required in this Section and
all written permits to purchase or possess a machine gun, which he has retained and filed in his place of business.
§ Sec. 40:1755. Penalty.
A. Any manufacturer who:
(1) Passes possession of or delivers a machine gun to any person in violation of R.S. 40:1753; or
(2) Fails to keep an accurate register, as required in R.S. 40:1754; or
(3) Fails to produce or account for a sheriff's permit for each machine gun sold by him for which a permit is necessary
under the provisions of R.S. 40:1753, shall be imprisoned at hard labor for not less than 1 year nor more than 5 years.
B. Any person who violates R.S. 40:1752 shall be imprisoned at hard labor for not less than 1 year nor more than 10
years.
C. Whoever, having been convicted of murder, armed or simple robbery, aggravated or simple burglary, or aggravated
battery, or an attempt to commit any one of those crimes, thereafter violates any of the provisions of this Part shall be
imprisoned at hard labor for not less than 3 years nor more than 10 years.
Part 2. Registration
§ Sec. 40:1781. Definitions.
For the purpose of this Part, the following terms have the meanings ascribed to them in this Section:
(1) "Dealer" means any person not a manufacturer or importer engaged in this state in the business of selling any
firearm. The term includes wholesalers, pawnbrokers, and other persons dealing in used firearms.
(2) "Department" means the Department of Public Safety.
(3) "Firearm" means a shotgun having a barrel of less than 18 inches in length; a rifle having a barrel of less than 16
inches in length; any weapon made from either a rifle or a shotgun if said weapon has been modified to have an overall
length of less than 26 inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of
identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being
concealed on the person; or a machine gun, grenade launcher, flame thrower, bazooka, rocket launcher, excluding black
powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included
within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this
Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically
exempt from this definition.
(4) "Importer" means any person who imports or brings into the state any firearm.
(5) "Machine gun" means any weapon, including a submachine gun, which shoots or is designed to shoot automatically
more than one shot without manual reloading, by a single function of the trigger.
(6) "Manufacturer" means any person who is engaged in this state in the manufacture, assembling, alteration, or repair
of any firearm.
(7) "Muffler" or "silencer" includes any device for silencing or diminishing the report of any portable weapon such as a
rifle, carbine, pistol, revolver, machine gun, submachine gun, shotgun, fowling piece, or other device from which a shot,
bullet, or projectile may be discharged by an explosive and is not limited to mufflers and silencers for firearms as defined
in this Section.
(8) "Transfer" includes the sale, assignment, pledge, lease, loan, gift, or other disposition of any firearm.
§ Sec. 40:1782. Exemptions from Part.
This Part does not apply to the following persons and things:
(1) Sheriffs or equivalent municipal officers in municipalities of over ten thousand, when they are acting in their official
capacity.
(2) The arms, accoutrements, and equipment of the military and naval forces of the United States or of other officers of
the United States authorized by law to possess weapons of any kind.
(3) The arms, accoutrements, and equipment of the militia.
(4) Any firearm which is unserviceable and which is transferred as a curiosity or ornament.
§ Sec. 40:1785. Possession or dealing in unregistered or illegally transferred weapons.
No person shall receive, possess, carry, conceal, buy, sell, or transport any firearm which has not been registered or
transferred in accordance with Title 18 or Title 26 of the United States Code as applicable.
§ Sec. 40:1788. Identification with number or other mark; obliteration or alteration of number or mark.
A. Each manufacturer, importer, and dealer in any firearm shall identify it with a number or other identification mark
approved by the department and shall mark or stamp or otherwise place the number or mark thereon in a manner
approved by the department.
B. No one shall obliterate, remove, change, or alter this number or mark.
§ Sec. 40:1789. Records of importers, manufacturers, or dealers.
Importers, manufacturers, and dealers shall keep such books and records and render such returns in relation to the
transactions in firearms specified in this Part as the department requires.
§ Sec. 40:1790. Rules and regulations; importation of firearms.
The department may prescribe such rules and regulations as are necessary for carrying out the provisions of this Part.
Under regulations prescribed by the department, any firearm may be imported or brought into this state or possessed or
transferred when the purpose thereof is shown to be lawful.
§ Sec. 40:1791. Penalty.
Upon the first violation of any provision of this Part the penalty shall be a fine of not less than $500 nor more than $2,000
and imprisonment with or without hard labor for not less than 1 nor more than 5 years. For any subsequent violation of this
Part the penalty shall be a fine of not less than $2,000 nor more than $5,000 and imprisonment at hard labor for not less
than 5 years nor more than 10 years.
§ Sec. 40:1792. Possession of unidentifiable firearm; particular penalties; identification of source of firearm.
A. No person shall intentionally receive, possess, carry, conceal, buy, sell, transfer, or transport any firearm which has
been illegally obtained or from which the serial number or individual identifying mark, as required by R.S. 40:1788, has
been intentionally obliterated, altered, removed, or concealed.
B. The provisions of this Section shall not apply to any firearm which is an antique or war relic and is inoperable or for
which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of
commercial trade, or which was originally manufactured without such a number.
C. Except as otherwise provided in this Section, whoever violates the provisions of this Section may be fined not more
than $1,000 and shall be imprisoned at hard labor for 5 years without benefit of probation, parole, or suspension of
sentence.
D. Prior to sentencing for a conviction under this Section, the defendant shall be given the opportunity to identify the
source of the firearm upon which the conviction was based. If the defendant reveals the identity of the source of the
weapon and the identity of the source is confirmed by the prosecutor or the court, the defendant shall be fined not more
than $1,000 or imprisoned for not more than 6 months, or both.
E. Nothing in this Section shall be construed to prevent the prosecution of an individual who obtained the firearm by theft,
robbery, deception, or by other unlawful means from the lawful owner of the firearm.
F. Any illegally obtained firearm or a firearm from which the serial number or identifying mark required by R.S. 40:1788
has been obliterated or altered is hereby declared to be contraband and shall be seized by the law enforcement agency of
jurisdiction. If it is determined that a person other than the owner was responsible for removing, altering, or obliterating the
serial number or identifying mark, the firearm shall be returned to its lawful owner or may be disposed of according to law
but only after a new serial number has been permanently fixed on the firearm. If a new serial number is not so affixed, the
firearm shall be destroyed by the law enforcement agency in possession of the firearm.

Part 2-A. Miscellaneous provisions


§ Sec. 40:1796. Preemption of state law.
A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more
restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation,
license, or registration of firearms, ammunition, or components of firearms or ammunition; however, this Section shall not
apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the
authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments
and public buildings.
B. Nothing in this Section shall prohibit a local governing authority in a high-risk area from developing a plan with federally
licensed firearms manufacturers, dealers, or importers to secure the inventory of firearms and ammunition of those
licensees in order to prevent looting of the licensee's premises during a declared state of emergency or disaster. Such
plan shall be renewed on a periodic basis. The information contained in the plan shall be deemed security procedures as
defined in R.S. 44:3.1 and shall be released only to the sheriffs of the parishes or police chiefs of municipalities in which
the declared state of emergency or disaster exists.
C. For the purposes of this Section:
(1) "Declared emergency or disaster" means an emergency or disaster declared by the governor or parish president
pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.
(2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans,
Plaquemines, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne,
and Vermilion.
§ Sec. 40:1797. Law enforcement officers; possession of a firearm in courtroom; prohibition.
No state or local law enforcement officer shall carry a firearm, whether concealed or not on his person, into a courtroom
while attending any session of state, parish, city, municipal, family, juvenile, drug, or traffic court as a party to a
proceeding.
§ Sec. 40:1798. Firearms; disposal by law enforcement agencies.
A. Notwithstanding any provision of the law to the contrary, the Louisiana Department of Public Safety and Corrections,
office of the state police, the Louisiana Department of Wildlife and Fisheries, and each law enforcement agency of a
political subdivision of the state shall dispose of firearms which are lawfully seized by and forfeited to those agencies in
the manner provided for in this Section.
B. For the purpose of this Section, the following words shall have the following meanings:
(1) "Contraband" means any firearm which cannot be lawfully owned or possessed by any state or local law
enforcement agency or by any private citizen.
(2) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle, which is
designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an
explosive.
(3) "Forfeited" means that the ownership of the firearm has been transferred to a law enforcement agency by a court
order and that the firearm is not being held as evidence or for any other purpose related to an investigation or
prosecution of criminal activity.
(4) "Law enforcement agency" means the Louisiana Department of Public Safety and Corrections, office of state
police, the Louisiana Department of Wildlife and Fisheries, the sheriff of any parish, or the police department of any
municipality.
(5) "Seized" means lawfully taken and held by a law enforcement agency in connection with an investigation or
prosecution of criminal activity.
E. If the provisions of Subsections C and D do not apply, the law enforcement agency shall dispose of the seized or
(2) If the firearm is of a type which can lawfully be possessed and used by a private citizen, the law enforcement
agency may dispose of the firearm in one of the following ways:
(d) The law enforcement agency may sell the firearm to a private citizen. A sale of a firearm to a private citizen
shall be at a public auction in the same manner as a sale of surplus property. A sale of a firearm to a private
citizen shall comply with all federal laws, state laws, and local ordinances which apply to that sale, and the law
enforcement agency shall perform the background checks on the purchaser which are required by state and
federal laws for sales of firearms by licensed firearms dealers.
Part 4. Armor-Piercing Bullets
§ Sec. 40:1810. Definitions.
As used in this Part, "Armor-Piercing Bullet" shall mean any bullet, except a shotgun shell or ammunition primarily
designed for use in rifles, that:
(1) Has a steel inner core or core of equivalent density and hardness, truncated cone, and is designed for use in a pistol
or revolver as a body armor or metal piercing bullet; or
(2) Has been primarily manufactured or designed, by virtue of its shape, cross-sectional density, or any coating applied
thereto, to breach or penetrate body armor when fired from a handgun.
§ Sec. 40:1811. Prohibitions.
A. No person shall import, manufacture, sell, purchase, possess, or transfer armor-piercing bullets.
B. Whoever violates the provisions of this Section shall be fined not more than $1,000 or imprisoned with or without hard
labor for not more than 1 year, or both.
§ Sec. 40:1812. Exemptions.
The provisions of this Part shall not apply to:
(1) Law enforcement officers and employees acting in the lawful performance of their duties.
(2) Law enforcement or other authorized agencies conducting a firearms training course, operating a forensic ballistics
laboratory, or specializing in the development of ammunition or explosive ordinance.
(3) Department of Corrections officials and employees authorized to carry firearms while engaged in the performance of
their official duties.
(4) Members of the armed services or reserve forces of the United States or Louisiana National Guard while engaged in
the performance of their official duties.
(5) Federal officials authorized to carry firearms while engaged in the performance of their official duties.
(6) The lawful manufacture, importation, sale, purchase, possession, or transfer of armor-piercing bullets exclusively to or
for persons authorized by law to possess such bullets.
(7) A bonafide collector licensed by the Department of Public Safety.Title 46. Public Welfare and Assistance
Chapter 28. Protection From Family Violence Act
Part 2. Domestic Abuse Assistance
§ Sec. 46:2136.3. Prohibition on the possession of firearms by a person against whom a protective order is
issued
A. Any person against whom the court has issued a permanent injunction or a protective order pursuant to a court-
approved consent agreement or pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173,
Children’s Code Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal Procedure Articles 30, 320, or
871.1 shall be prohibited from possessing a firearm or carrying a concealed weapon for the duration of the injunction or
protective order if both of the following occur:
(1) The permanent injunction or protective order includes a finding that the person subject to the permanent injunction
or protective order represents a credible threat to the physical safety of a family member, household member, or
dating partner.
(2) The permanent injunction or protective order informs the person subject to the permanent injunction or protective
order that the person is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(8) and
R.S. 46:2136.3.
B. For the provisions of this Section, “firearm” means any pistol, revolver, rifle, shotgun, machine gun, submachine gun,
black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from
which a shot or projectile is discharged by an explosive.
C. Whoever violates the provisions of this Section shall be in violation of and subject to the penalties set forth in R.S.
14:79.

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