Louisiana 2010 2010 Regular Session

Louisiana House Bill HB60 Engrossed / Bill

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Regular Session, 2010
HOUSE BILL NO. 60
BY REPRESENTATIVE WOOTON
WEAPONS/HANDGUNS:  Amends concealed handgun permit laws
AN ACT1
To amend and reenact R.S. 40:1379.3(A)(1), (B), (C)(introductory paragraph), and (T),2
relative to concealed handgun permits; to provide for the issuance of Louisiana3
concealed handgun permits; to provide with respect to the recognition of nonresident4
concealed handgun permits; to provide for a period of time when previously issued5
nonresident concealed handgun permits shall be considered valid; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1379.3(A)(1), (B), (C)(introductory paragraph), and (T) are9
hereby amended and reenacted to read as follows: 10
ยง1379.3. Statewide permits for concealed handguns; application procedures;11
definitions12
A.(1) Notwithstanding any other provision of law to the contrary, the deputy13
secretary of public safety services of the Department of Public Safety and14
Corrections shall issue a concealed handgun permit to any citizen Louisiana resident15
who qualifies for a permit under the provisions of this Section and may promulgate16
rules and adopt regulations regarding concealed handgun permits in accordance with17
the Administrative Procedure Act.  The permit shall contain a permit number,18
expiration date, photograph, and the name, address, and date of birth of the19
permittee.20
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B.(1) A concealed handgun permit shall be issued only to a Louisiana1
resident who qualifies for a permit under the provisions of this Section. pursuant to2
this Section A concealed handgun permit issued pursuant to the provisions of this3
Section shall grant authority to a citizen Louisiana resident to carry a concealed4
handgun on his person.5
(2) A Louisiana resident shall be required to possess a valid concealed6
handgun permit issued by the state of Louisiana pursuant to the provisions of this7
Section in order to carry a concealed handgun in the state of Louisiana.8
C. To qualify for a concealed handgun permit, a citizen Louisiana resident9
shall:10
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T.(1) Possession of a current and valid concealed handgun permit issued12
pursuant to this Section shall constitute sufficient evidence of the background check13
required pursuant to 18 U.S.C. 922(t).14
(2) A current and valid concealed handgun permit issued by another state 	to15
an individual having attained the age of twenty-one years shall be deemed to be valid16
for the out-of-state permit holder to carry a concealed weapon within this state if a17
current and valid concealed handgun permit issued by Louisiana is valid in those18
states.19
(3) An out-of-state permit holder carrying a concealed handgun pursuant to20
this Paragraph is bound by the laws of this state regarding carrying a concealed21
handgun pursuant to a permit issued in accordance with this Section.22
(2) (4) A nonresident concealed handgun permit issued by another state is23
invalid in the state of Louisiana if issued to an individual who as a resident of this24
state has been denied a handgun permit or has been issued a handgun permit which25
is under revocation or suspension for the purpose of authorizing a Louisiana resident26
to carry a concealed handgun in the state of Louisiana.27
(3)(5) The deputy secretary for public safety services shall also have the28
authority to enter into reciprocity agreements with other states so that full-time active29 HLS 10RS-742	REENGROSSED
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peace officers commissioned in another state shall have the same authority as a1
person issued a concealed handgun permit pursuant to this Section to carry a2
concealed handgun while in this state, regardless of whether or not they are in the3
official discharge of their duties, and full-time active law enforcement officers4
commissioned in this state shall have the authority to carry a concealed handgun in5
those states whether or not they are in the official discharge of their duties. An out-6
of-state law enforcement officer carrying a concealed handgun pursuant to this7
Paragraph is bound by the laws of this state regarding carrying a concealed handgun8
pursuant to a permit issued in accordance with this Section.9
Section 2. A nonresident concealed handgun permit which is valid on August 15,10
2010, shall be deemed valid until August 15, 2011. On or after August 15, 2011, any11
nonresident concealed handgun permit which was valid on August 15, 2010, shall be deemed12
to be null, void, and of no effect in the state of Louisiana.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Wooton	HB No. 60
Abstract: Provides for the issuance of concealed handgun permits to La. residents and
provides that nonresident concealed handgun permits are invalid for certain
purposes.
Present law provides for the qualifications and issuance of concealed handgun permits.
Present law provides that permits shall be issued to qualified "citizens".
Proposed law changes the term "citizen" to "La. resident", authorizing permits to be issued
to La. residents only.
Present law defines "resident" as a person who maintains a dwelling in this state and is
physically present in this state at least 51% of each calendar year; however, a person who
maintains a dwelling in this state but is not physically present in this state at least 51% of
each calendar year is still considered to be a resident if he is on U.S. military duty in another
state or is attending school in another state.
Present law provides that a nonresident concealed handgun permit issued by another state
is invalid in the state of La. if issued to an individual who as a resident of this state has been
denied a handgun permit or has been issued a handgun permit which is under revocation or
suspension. HLS 10RS-742	REENGROSSED
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Proposed law changes present law to provide that a concealed handgun permit issued by
another state is invalid in the state of La. for the purpose of authorizing a La. resident to
carry a concealed handgun in the state of La.
Proposed law provides that a nonresident concealed handgun permit valid on Aug. 15, 2010,
shall be deemed valid until Aug. 15, 2011. On or after Aug. 15, 2011, any nonresident
concealed handgun permit which was valid on Aug. 15, 2010, shall be deemed null, void,
and of no effect in the state of La.
(Amends R.S. 40:1379.3(A)(1), (B), (C)(intro. para.), and (T))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added that a La. resident shall be required to possess a valid concealed handgun
permit issued by the state of La. in order to carry a concealed handgun in this
state.
2. Added that a concealed handgun permit issued by another state is invalid in the
state of La. for the purpose of authorizing a La. resident to carry a concealed
handgun in this state.
3. Changed the word "resident" to "individual" regarding permits issued in other
states.