Effective, symbolically, on July 4, 2024, the Louisiana legislature has repealed the concealed carry permit laws.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:

1. Acts or omissions that constitute gross negligence or intentional misconduct, or that result in a valid and final felony conviction in this state.

2. 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.

If you or someone you know is facing criminal charges, give us a call at (318) 459-9111 to schedule a consult.

The Legislature during the 2022 Regular Session passed several bills that altered the Illegal Carrying of a Weapons statute.

Louisiana Revised Statutes Title 14, §95 prohibits the carrying of a weapon under certain circumstances. Act No. 126, which took effect on May 26, 2022, expanded the exceptions in subsection K. Subsection K previously permitted retired members of the judiciary, retired district attorneys, and retired legislators to carry concealed weapons provided they qualify annually in the use of firearms by the Council on Peace Officer Standards and Training and carry valid identification of their retired status. Act 126 extends this exception to now include retired federal judges, justices, and United States attorneys and assistant United States attorneys, and retired federal investigators.

Effective August 1, 2022, additional exceptions were made to allow “city prosecutors, designated assistant city prosecutors, a United States representative from Louisiana and his designated, employed congressional staffer, a United States senator from Louisiana and his designated, employed congressional staffer” and “retired members of the United States Congress” to carry concealed weapons provided they meet the same training requirements as stated above.

Act 587 further altered 14:95 to repeal the prohibitions against carrying a “switchblade” knife. Finally, Act 465 makes “possession of a firearm or carrying of a concealed weapon by a person convicted of certain felonies in violation of La. R.S. 14:95(D)” a crime of violence pursuant to La. R.S. 14:2. La. R.S. 14:95(D) states: “If a violation of this Section is committed during the commission of a crime of violence as defined in R.S. 14:2(B), and the defendant has a prior conviction of a crime of violence, then the violation of this Section shall be designated as a crime of violence.” La. R.S. 14:95(D).

If you or someone you know is facing a prosecution for possession of a firearm, give us a call at (318) 459-9111 to schedule a consultation.

One of the most common questions we are asked is: how does a criminal conviction impact my right to own or possess a firearm? The answer is: it’s complicated.

What you are dealing with when trying to determine whether a certain criminal conviction will impact your right to possess a firearm is the intersection of both state and federal law.

Under Louisiana law, a person is prohibited from possessing a firearm for 10 years from the completion of any sentence as the result of a felony conviction of one of the following offenses or an attempt to commit one of the following offenses:

• a felony crime of violence (as defined in La. R.S. 14:2),

• simple burglary,

• burglary of a pharmacy,

• burglary of an inhabited dwelling,

• unauthorized entry of an inhabited dwelling,

• felony illegal use of a dangerous weapon,

• manufacture or possession of a delayed action incendiary device,

• manufacture or possession of a bomb,

• possession of a firearm while in possession of or during the sale or distribution of controlled dangerous substances,

• a felony violation of the controlled dangerous substances laws, or

• a sex offense (as defined in La. R.S. 15:541).

A person is further prohibited from possessing a firearm under Louisiana law for certain offenses that may be misdemeanors for 10 years from the completion of any sentence:

• domestic abuse battery,

• a second or subsequent conviction of battery of a dating partner, or

• battery of dating partner that involved strangulation or burning.

Under Louisiana law, the passage of 10 years from the completion of sentence restores an individual’s right to possess a firearm; however, federal law has no such cleansing period. Under federal law, an individual is prohibited from possessing a firearm for any conviction for:

• a crime punishable by imprisonment for more than one year (Note: this pretty much includes all felonies in Louisiana, not just the ones enumerated above) or

• a misdemeanor crime of domestic violence.

The ATF allows for the restoration of a person’s right to possess a firearm under federal law if:

…as long as the pardon, expungement or restoration does not expressly provide that the person may not ship, transport, possess or receive firearms. A restoration of civil rights, however, is only effective to remove the federal firearms disability if the law of the jurisdiction provides for the loss of civil rights for a conviction of such a misdemeanor.

Bureau of Alcohol, Tobacco, Firearms, and Explosives Website.

Under current ATF regulations, a person eligible for expungement who actually expunges an arrest (and conviction) from his record will be able to possess a firearm because Louisiana law does not specifically exclude the right to possess a firearm from its expungement law.

If you or someone you know would like to set up a consult to discuss an expungement to restore your right to. possess a firearm, give us a call at (318) 459-9111.