ENROLLED
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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.
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
(2) Upon application, the sheriff 's office shall perform a standard criminal21
record check. The officer who performed the standard criminal record check shall22
not be liable for acts committed by the permittee, unless the officer had actual23 ENROLLEDHB NO. 98
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personal knowledge at the time he issued the permit that the permittee was mentally1
unstable or disqualified by law from possessing a firearm.2
B.(1) A sheriff may enter into a reciprocity agreement with any sheriff of a3
contiguous parish that shall authorize both sheriffs to issue concealed handgun4
permits to persons meeting the criteria provided for in Subsection C of this Section.5
Those permits issued pursuant to this Subsection shall be valid within the boundaries6
of the participating contiguous parishes. The agreement shall specify the terms of7
use regarding the issuance of the concealed handgun permits and any other8
restrictions deemed appropriate by the sheriffs.9
(2) If a sheriff enters into a reciprocity agreement with any sheriff in a10
contiguous parish, no concealed handgun permits shall be issued to any person11
pursuant to Subsection A of this Section.12
(3) Any concealed handgun permit issued pursuant to this Subsection shall13
be null, void, and of no effect if the permittee does not meet the criteria provided for14
in Subsection C of this Section.15
C. To qualify for a concealed handgun permit issued by a sheriff who has16
entered into a reciprocity agreement with a sheriff of a contiguous parish, the17
applicant shall meet all of the following requirements:18
(1) Make sworn application to the sheriff in the same manner provided for19
in R.S. 40:1379.3(C)(1) in which a concealed weapons permit application is made20
to the secretary of public safety services of the Department of Public Safety and21
Corrections.22
(2) Meet the same qualifications for the issuance of a concealed handgun23
permit pursuant to the provisions of R.S. 40:1379.3(C).24
(3) Demonstrate competence with a handgun in the same manner provided25
for in R.S. 40:1379.3(D) in which a concealed weapons permit application is made26
to the secretary of public safety services of the Department of Public Safety and27
Corrections.28
D.(1) Any information in an application for a concealed handgun permit or29
any information provided in connection with the application submitted to the sheriff's30 ENROLLEDHB NO. 98
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office pursuant to the provisions of this Section shall be held confidential and shall1
not be subject to any public records request nor shall the information be considered2
as a public record pursuant to R.S. 44:1 et seq. The sheriff shall not be required to3
release any list of persons who applied for or received a permit for a concealed4
handgun pursuant to this Section; however, nothing in this Section shall limit or5
impede the exchange of information between law enforcement agencies, prohibit the6
sheriff from releasing information necessary to perform a background investigation,7
provide statistical information that does not identify individual applicants or8
permittees, or release information in response to an appropriate law enforcement9
function as determined by the issuing sheriff.10
(2) Absent a valid court order requiring the release of information, or unless11
an applicant or a recipient of a concealed handgun permit is charged with a felony12
offense involving the use of a handgun, it shall be unlawful for any employee of the13
sheriff's office to intentionally release or disseminate for publication any information14
contained in an application for a concealed handgun permit or any information15
regarding the identity of any person who applied for or received a concealed16
handgun permit issued pursuant to this Section. A person who violates the17
provisions of this Paragraph shall be fined not more than five hundred dollars,18
imprisoned for not more than six months, or both.19
(3)(a) Subject to the provisions of Paragraph (2) of this Subsection, it shall20
be unlawful for any person to intentionally release, disseminate, or make public in21
any manner any information contained in an application for a concealed handgun22
permit or any information regarding the identity of any person who applied for or23
received a concealed handgun permit issued pursuant to this Section. Any person24
except as provided for in Paragraph (2) of this Subsection, who violates the25
provisions of this Paragraph shall be fined ten thousand dollars and may be26
imprisoned for not more than six months.27
(b) The provisions of this Paragraph shall not apply to the release of28
information under any of the following circumstances:29
(i) A valid court order requires the release of the information.30 ENROLLEDHB NO. 98
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(ii) The information released identifies a concealed handgun permit holder1
or applicant who is charged with a felony offense involving the use of a handgun.2
(iii) The information regarding a concealed handgun permit applicant or3
holder is released pursuant to the express approval for the release of such4
information by that permit applicant or holder.5
(iv) The information regarding a concealed handgun permit holder or6
applicant has been made public by that concealed handgun permit holder or7
applicant.8
E.(1) A sheriff who issues a concealed handgun permit pursuant to the9
provisions of Subsection B of this Section shall require an applicant to comply with10
the requirements of Subsection C of this Section and shall charge the fee in the11
amount set forth in R.S. 40:1379.3(H)(2).12
(2) A sheriff who issues a concealed handgun permit pursuant to this Section13
shall revoke the permit if the permit holder violates any provision as provided for in14
R.S. 40:1379.3(F).15
F. The provisions of this Section shall not invalidate any permit to carry a16
concealed handgun that was issued by a sheriff prior to August 1, 2013.17
Section 2. R.S. 44:4.1(B)(26) is hereby amended and reenacted to read as follows:18
§4.1. Exceptions19
* * *20
B. The legislature further recognizes that there exist exceptions, exemptions,21
and limitations to the laws pertaining to public records throughout the revised22
statutes and codes of this state. Therefore, the following exceptions, exemptions, and23
limitations are hereby continued in effect by incorporation into this Chapter by24
citation:25
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(26) R.S. 40:3.1, 31.14, 31.27, 39.1, 41, 73, 526, 528, 1007, 1098.8, 1232.7,1
1299.6, 1299.35.10, 1299.44, 1299.85, 1299.87, 1300.14, 1300.54, 1379.1.1(D),2
1379.3, 2009.8, 2009.14, 2010.5, 2017.9, 2018, 2019, 2020, 2106, 2109.1, 2138,3
2532, 2845.14
* * *5
Section 3. R.S. 40:1379.1(G) is hereby repealed in its entirety.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: