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Regular Session, 2013
HOUSE BILL NO. 98
BY REPRESENTATIVES THOMPSON AND JIM MORRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WEAPONS/HANDGUNS: Provides with respect to concealed handgun permits issued by
sheriffs
AN ACT1
To amend and reenact R.S. 44:4.1(B)(26), to enact R.S. 40:1379.1.1, and to repeal R.S.2
40:1379.1(G), relative to concealed handgun permits; to retain the authority of3
sheriffs to issue a concealed handgun permit for use within the boundaries of a4
parish; to authorize sheriffs to issue a concealed handgun permit pursuant to a5
reciprocity agreement entered into with a sheriff of a contiguous parish; to provide6
with respect to the validity of the permits; to provide for reciprocity between7
contiguous parishes; to provide for the qualifications for the issuance of such permit;8
to prohibit the release, dissemination, or publishing of information with respect to9
concealed handgun permit applications; to provide for exceptions; to provide for10
criminal penalties; to provide for the assessment of processing fees; and to provide11
for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 40:1379.1.1 is hereby enacted to read as follows: 14
§1379.1.1. Concealed handgun permit issued by sheriffs; reciprocity; contiguous15
parishes16
A.(1) The sheriff of a parish shall have the authority to issue a concealed17
handgun permit to any person. The permit shall be valid only within the boundaries18
of the parish in which the sheriff has jurisdiction, unless the sheriff has entered into19
a reciprocity agreement as provided for in Subsection B of this Section.20 HLS 13RS-393 REENGROSSED
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(2) Upon application, the sheriff 's office shall perform a standard criminal1
record check. The officer who performed the standard criminal record check shall2
not be liable for acts committed by the permittee, unless the officer had actual3
personal knowledge at the time he issued the permit that the permittee was mentally4
unstable or disqualified by law from possessing a firearm.5
B.(1) A sheriff may enter into a reciprocity agreement with any sheriff of a6
contiguous parish which shall authorize both sheriffs to issue concealed handgun7
permits to persons meeting the criteria provided for in Subsection C of this Section.8
Those permits issued pursuant to this Subsection shall be valid within the boundaries9
of the participating contiguous parishes. The agreement shall specify the terms of10
use regarding the issuance of the concealed handgun permits and any other11
restrictions deemed appropriate by the sheriffs.12
(2) If a sheriff enters into a reciprocity agreement with any sheriff in a13
contiguous parish, no concealed handgun permits shall be issued to any person14
pursuant to Subsection A of this Section.15
(3) Any concealed handgun permit issued pursuant to this Subsection shall16
be null, void, and of no effect if the permittee does not meet the criteria provided for17
in Subsection C of this Section.18
C. To qualify for a concealed handgun permit issued by a sheriff who has19
entered into a reciprocity agreement with a sheriff of a contiguous parish, the20
applicant shall meet all of the following requirements:21
(1) Make sworn application to the sheriff. The providing of false or22
misleading information on the application or any documents submitted with the23
application shall be grounds for the denial or revocation of a concealed handgun24
permit. The application shall reflect training in pistols, revolvers, or both. Any25
permittee under this Section shall notify the sheriff's office of any address or name26
change within thirty days of the change. Failure to timely notify the sheriff's office27
of a name or address change may result in suspension of the permit for up to thirty28
days.29 HLS 13RS-393 REENGROSSED
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(2) Agree in writing to hold harmless and indemnify the sheriff's office for1
any and all liability arising out of the issuance or use of the concealed handgun2
permit.3
(3) Be a resident of the parish.4
(4) Be twenty-one years of age or older.5
(5) Not suffer from a mental or physical infirmity due to disease, illness, or6
retardation which prevents the safe handling of a handgun.7
(6) Not be ineligible to possess a firearm by virtue of having been convicted8
of a felony.9
(7) Not have been committed, either voluntarily or involuntarily, for the10
abuse of a controlled dangerous substance, as defined by R.S. 40:961 and 964, or11
been found guilty of, or entered a plea of guilty or nolo contendere to a misdemeanor12
under the laws of this state or similar laws of any other state relating to a controlled13
dangerous substance within a five-year period immediately preceding the date on14
which the application is submitted, or be presently charged under indictment or a bill15
of information for such an offense.16
(8) Not chronically and habitually use alcoholic beverages to the extent that17
his normal faculties are impaired. It shall be presumed that an applicant or permittee18
chronically and habitually uses alcoholic beverages to the extent that his normal19
faculties are impaired if the applicant has been found guilty of, or entered a plea of20
guilty or nolo contendere to operating a vehicle while intoxicated, or has been21
admitted, either voluntarily or involuntarily, for treatment as an alcoholic, within the22
five-yea r period immediately preceding the date on which the application is23
submitted, or at any time after the application has been submitted.24
(9) Not have entered a plea of guilty or nolo contendere to or been found25
guilty of a crime of violence as defined in R.S. 14:2 at the misdemeanor level, unless26
five years have elapsed since completion of sentence or any other conditions set by27
the court have been fulfilled, or unless the conviction was set aside and the28
prosecution dismissed, prior to the date on which the application is submitted.29 HLS 13RS-393 REENGROSSED
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(10) Not have been convicted of, have entered a plea of guilty or nolo1
contendere to, or not be charged under indictment or a bill of information for any2
crime of violence or any crime punishable by imprisonment for a term of one year or3
greater. A conviction, plea of guilty, or plea of nolo contendere under this Paragraph4
shall include an expungement of such conviction or a dismissal and conviction set-5
aside under the provisions of Code of Criminal Procedure Article 893.6
(11) Not be a fugitive from justice.7
(12) Not be an unlawful user of, or addicted to, marijuana, depressants,8
stimulants, or narcotic drugs.9
(13) Not have been adjudicated to be mentally deficient or been committed10
to a mental institution.11
(14) Not be an illegal alien in the United States.12
(15) Not have been discharged from the armed forces of the United States13
with a discharge characterized as "Under Other than Honorable Conditions", a "Bad14
Conduct Discharge", or a "Dishonorable Discharge". In the case of Commissioned15
Officers and Warrant Officers of the United States Armed Forces, the punishment of16
"Dismissal" rendered subject to a verdict of "guilty" at a trial by military court-martial17
is deemed to be disqualifying under this Paragraph. For the purposes of this18
Paragraph, the United States Coast Guard is considered an armed force.19
(16) Not have a history of engaging in violent behavior. There shall be a20
rebuttable presumption that an applicant has a history of engaging in violent behavior21
upon proof that, within a ten-year period immediately preceding the date of the22
application, the applicant has been arrested or charged on three or more occasions for23
any crime of violence as defined in R.S. 14:2(B), or has been arrested or charged on24
two or more occasions for any crime of violence that may be punished by death.25
(17) Not be ineligible to possess a firearm under 18 U.S.C. 922(g).26
D.(1) Any information in an application for a concealed handgun permit or27
any information provided in connection with the application submitted to the sheriff's28
office pursuant to the provisions of this Section shall be held confidential and shall29 HLS 13RS-393 REENGROSSED
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not be subject to any public records request nor shall the information be considered1
as a public record pursuant to R.S. 44:1 et seq. The sheriff shall not be required to2
release any list of persons who applied for or received a permit for a concealed3
handgun pursuant to this Section; however, nothing in this Section shall limit or4
impede the exchange of information between law enforcement agencies, prohibit the5
sheriff from releasing information necessary to perform a background investigation,6
provide statistical information which does not identify individual applicants or7
permittees, or release information in response to an appropriate law enforcement8
function as determined by the issuing sheriff.9
(2) Absent a valid court order requiring the release of information, it shall be10
unlawful for any employee of the sheriff's office to intentionally disseminate for11
publication any information contained in an application for a concealed handgun12
permit or any information regarding the identity of any person who applied for or13
received a concealed handgun permit issued pursuant to this Section. A person who14
violates the provisions of this Paragraph shall be fined not more than five hundred15
dollars, imprisoned for not more than six months, or both.16
(3) Subject to the provisions of Paragraph (2) of this Subsection, it shall be17
unlawful for any person to disseminate, or make public in any manner any18
information contained in an application for a concealed handgun permit or any19
information regarding the identity of any person who applied for or received a20
concealed handgun permit issued pursuant to this Section. Any person, except as21
provided for in Paragraph (2) of this Subsection, who violates the provisions of this22
Paragraph shall be fined not more than five thousand dollars, imprisoned, with or23
without hard labor, for not more than two years, or both.24
E. The sheriff may assess a reasonable processing fee for the issuance of the25
permit authorized by the provisions of this Section.26
F. The provisions of this Section shall not invalidate any permit to carry a27
concealed handgun which was issued by a sheriff prior to August 1, 2013.28 HLS 13RS-393 REENGROSSED
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Section 2. R.S. 44:4.1(B)(26) is hereby amended and reenacted to read as follows:1
§4.1. Exceptions2
* * *3
B. The legislature further recognizes that there exist exceptions, exemptions,4
and limitations to the laws pertaining to public records throughout the revised statutes5
and codes of this state. Therefore, the following exceptions, exemptions, and6
limitations are hereby continued in effect by incorporation into this Chapter by7
citation:8
* * *9
(26) R.S. 40:3.1, 31.14, 31.27, 39.1, 41, 73, 526, 528, 1007, 1098.8, 1232.7,10
1299.6, 1299.35.10, 1299.44, 1299.85, 1299.87, 1300.14, 1300.54, 1379.1.1(D),11
1379.3, 2009.8, 2009.14, 2010.5, 2017.9, 2018, 2019, 2020, 2106, 2109.1, 2138,12
2532, 2845.113
* * *14
Section 3. R.S. 40:1379.1(G) is hereby repealed in its entirety.15
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)]
Thompson HB No. 98
Abstract: Provides for the issuance of concealed handgun permits by the sheriff and
authorizes reciprocity agreements between contiguous parishes.
Present law authorizes a sheriff to issue a concealed handgun permit which is valid within the
boundaries of a parish.
Proposed law retains this provision of present law.
Proposed law authorizes a sheriff to enter into a reciprocity agreement with a sheriff of a
contiguous parish to issue concealed handgun permits which are valid in both participating
parishes. Further establishes qualifications and criteria for the issuance of such concealed
handgun permits.
Proposed law provides that any information in any application for a concealed handgun
permit or any information provided in connection with the application submitted to the
sheriff's office shall be held confidential and shall not be subject to any public records request
nor shall the information be considered as a public record. Further provides that the sheriff
shall not be required to release any list of persons who applied for or received a permit for
a concealed handgun. HLS 13RS-393 REENGROSSED
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Proposed law provides that absent a valid court order requiring the release of information, it
shall be unlawful for any employee of the sheriff's office to intentionally 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. Proposed law provides penalties for violations of a fine of not more than
$500, imprisonment for not more than six months, or both.
Proposed law further provides penalties for a person (other than a sheriff's employee) who
releases or disseminates the information contained in a concealed handgun application or
permit including a fine of not more than $5,000, imprisonment for not more than two years,
or both.
Proposed law provides that the sheriff may assess a reasonable processing fee for the issuance
of a concealed handgun permit.
Provides that proposed law shall not be construed to invalidate any concealed handgun permit
issued by the sheriff prior to Aug. 1, 2013.
(Amends R.S. 44:4.1(26); Adds R.S. 40:1379.1.1; Repeals R.S. 40:1379.1(G))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill.
1. Adds a reference to the proposed public records exemption in the Public Records
Law and makes technical changes.