New Laws - Firearms
Effective, symbolically, on July 4, 2024, the Louisiana legislature has repealed the concealed carry permit laws. The law now states:
M. The provisions of Paragraph (A)(1) of this Section shall not apply to any person who is:
(1) eighteen years of age or older and
(2) is not prohibited from possessing a firearm under R.S. 14:95.1, or any other state or federal law.
N. Any person lawfully carrying a handgun pursuant to Subsection M of this Section shall be subject to the restrictions contained in R.S. 40:1379.3(I), (M), (N), and (O).
La. R.S. 14:95.
There are still a multitude of restrictions on carrying a firearm in Louisiana.
Louisiana Revised Statutes 14:95.1 prohibits carrying a firearm under any circumstances by individuals convicted of certain felonies.
The amendment does not affect the prohibitions contained in subsections (A)(2) through (A)(4) of La. R.S. 14:95.
Also, it is still illegal to possess a firearm while possessing controlled dangerous substances. And it is illegal to possess a firearm if so prohibited by federal law or any other state law.
Finally, it is still illegal to carry a concealed firearm under any of the following circumstances:
While under the influence of alcohol or controlled dangerous substances (Note: “under the influence” is defined as having a blood alcohol content of .05 or more, or any confirmed presence of a controlled substance after a blood or urine test;
In a facility, building, location, zone, or area where banned by state or federal law;
In a law enforcement office, station, or building;
In a detention facility, prison, or jail;
In a courthouse or courtroom (unless you are the judge);
In a polling place;
In a municipal building or other public building or structure, only if that building or structure is used as the meeting place of the governmental authority or a political subdivision thereof;
in the state capitol building;
in an airport where prohibited by federal law;
in a church, synagogue, mosque, or other similar place of worship;
at a parade or demonstration for which a permit has been issued;
at a bar, restaurant, or other retail space which has been issued a Class A permit to sell alcohol to be consumed on the premises;
at a school, school complex, or on a school bus.
La. R.S. 40:1379.3(I), (M), (N), & (O).
Finally, a property owner or lessee may prohibit the carrying of a concealed weapon on his premises. La. R.S. 40:1379.3(O)(1). And a person carrying a concealed weapon must first obtain consent of the inhabitant of a private residence before carrying a concealed weapon inside. La. R.S. 14:1379.3(O)(2).
In keeping with these changes, the Legislature enacted La. R.S 9:2793.12, which limits the liability of “authorized person"[s]” for:
any injury, death, or loss suffered by a perpetrator when the injury, death, or loss is caused by a justified use of force or self-defense through the discharge of the handgun by the authorized person. This provision shall preclude any right of action by the perpetrator, his survivors, or his heirs.
La. R.S. 9:2793.12(B). There are exceptions to this limitation, however:
Acts or omissions that constitute gross negligence or intentional misconduct, or that result in a valid and final felony conviction in this state.
Any person without authorization pursuant to Subsection A of this Section at the time of the events giving rise to a claim.
An “authorized person” is defined as:
A.(1) …any person with a valid concealed handgun permit issued pursuant to R.S. 40:1329.1, 13279.1.1, or 1379.3, or 1379.3.2, any qualified law enforcement officer authorized to carry a concealed handgun pursuant to R.S. 4):1379.1.3 or 1379.1.4, or any person specified in R.S. 14:95(G)(3) and (4).
(2)…a reserve or active-duty member of any branch of the United States Armed Forces; a member of the Louisiana National Guard or the Louisiana Air National Guard; or a former member of any branch of the United States Armed Forces, the Louisiana National Guard, or the Louisiana Air National Guard who has been honorably discharged from service.
La. R.S. 9:2793.12.
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