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Regular Session, 2014
SENATE BILL NO. 361
BY SENATOR RISER
LAW ENFORCEMENT. Provides for the carrying of concealed weapons by certain law
enforcement officers in all public places. (8/1/14)
AN ACT1
To enact R.S. 40:1379.1.2 and 1379.1.3, to provide relative to the carrying of concealed2
firearms by law enforcement officers and retired law enforcement officers; to3
authorize the carrying of concealed firearms by certain officers and former officers4
in public places; to provide relative to accepted forms of identification; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1379.1.2 and 1379.1.3 are hereby enacted to read as follows:8
§1379.1.2. Carrying of concealed firearms by qualified law enforcement9
officers10
A. Notwithstanding any other provision of state law or any ordinance of11
any political subdivision, an individual who is a qualified law enforcement12
officer and who is carrying the identification required by his office as a law13
enforcement officer, may carry a concealed firearm anywhere in the state,14
including any place open to the public, whether the officer is off duty or not, and15
regardless of whether the officer is engaged in the actual discharge of his duties.16
B. As used in this Section, the term "qualified law enforcement officer"17 SB NO. 361
SLS 14RS-789 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
means a law enforcement officer who is all of the following:1
(1) Is an active, full-time employee of a state or municipal law2
enforcement agency or sheriff's office and is certified in the use of firearms by3
the Council on Peace Officer Standards and Training.4
(2) Is authorized by law to engage in or supervise the prevention,5
detection, investigation, or prosecution of, or the incarceration of any person6
for, any violation of law, and has statutory powers of arrest or apprehension.7
(3) Is authorized by the employing agency to carry a firearm in8
accordance with the agency's rules and regulations.9
(4) Is not the subject of any disciplinary action by the agency which could10
result in suspension or loss of police powers.11
(5) Meets standards, if any, established by the agency which require the12
employee to regularly qualify in the use of a firearm.13
(6) Is not under the influence of alcohol or another intoxicating or14
hallucinatory drug or substance.15
(7) Is not prohibited by federal law from receiving a firearm.16
C. The identification required by this Subsection is the photographic17
identification credential issued by the law enforcement agency for which the18
individual is employed that identifies the employee as a law enforcement officer19
of the agency.20
§1379.1.3. Carrying of concealed firearms by qualified retired law enforcement21
officers22
A. Notwithstanding any other provision of law or any ordinance of any23
political subdivision, an individual who is retired from service as a qualified law24
enforcement officer and who is carrying the identification required by his office25
as a retired law enforcement officer, may carry a concealed firearm anywhere26
in the state, including any place open to the public.27
B. As used in this Section, the term "qualified retired law enforcement28
officer" means an individual who meets all of the following:29 SB NO. 361
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(1) Separated from service in good standing from a law enforcement1
agency as a qualified law enforcement officer.2
(2) Before such separation, was an active, full-time employee of a state3
or municipal law enforcement agency or sheriff's office and is certified in the4
use of firearms by the Council on Peace Officer Standards and Training.5
(3) Was authorized by law to engage in or supervise the prevention,6
detection, investigation, or prosecution of, or the incarceration of any person7
for, any violation of law, and had statutory powers of arrest.8
(4)(a) Before such separation, served as a law enforcement officer for an9
aggregate of twelve years or more; or10
(b) Separated from service with such agency after completing any11
applicable probationary period of such service due to a service-connected12
disability, as determined by such agency.13
(5) Qualifies annually in the use of firearms by the Council on Peace14
Officer Standards and Training and has proof of such certification.15
(6)(a) Has not been officially found by a qualified medical professional16
employed by the agency to be unqualified for reasons relating to mental health17
and as a result of this finding will not be issued the photographic identification18
as described in Subsection C of this Section; or19
(b) Has not entered into an agreement with the agency from which the20
individual separated from service in which that individual acknowledged he or21
she was not qualified under this Section for reasons relating to mental health22
and for those reasons did not receive or accept the photographic identification23
as described in Subsection C of this Section.24
(7) Is not under the influence of alcohol or another intoxicating or25
hallucinatory drug or substance.26
(8) Is not prohibited by federal law from receiving a firearm.27
C. The identification required by this Section is the photographic28
identification credential issued by the agency from which the individual29 SB NO. 361
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separated from service as a law enforcement officer that identifies the person1
as having been employed as a law enforcement officer.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Riser (SB 361)
Proposed law provides for the carrying of concealed firearms by qualified law enforcement
officers and retired law enforcement officers in any place open to the public.
Proposed law provides that the term "qualified law enforcement officer" means:
(1)Is an active, full-time employee of a state or municipal law enforcement agency or
sheriff's office and is certified in the use of firearms by POST.
(2)Is authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person for, any violation
of law, and has statutory powers of arrest or apprehension.
(3)Is authorized by the employing agency to carry a firearm in accordance with the
agency's rules and regulations.
(4)Is not the subject of any disciplinary action by the agency which could result in
suspension or loss of police powers.
(5)Meets standards, if any, established by the agency which require the employee to
regularly qualify in the use of a firearm.
(6)Is not under the influence of alcohol or another intoxicating or hallucinatory drug or
substance.
(7)Is not prohibited by federal law from receiving a firearm.
Proposed law provides that the term "qualified retired law enforcement officer" means an
individual who:
(1)Separated from service in good standing from a law enforcement agency as a
qualified law enforcement officer;
(2)Before such separation, was an active, full-time employee of a state or municipal law
enforcement agency or sheriff's office and is certified in the use of firearms by
POST.
(3)Was authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person for, any violation
of law, and had statutory powers of arrest.
(4)Before such separation, served as a law enforcement officer for an aggregate of 12
years or more; or separated from service with such agency after completing any
applicable probationary period of such service due to a service-connected disability,
as determined by such agency.
(5)Qualifies annually in the use of firearms by POST and has proof of such
certification. SB NO. 361
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(6)Has not been officially found by a qualified medical professional employed by the
agency to be unqualified for reasons relating to mental health and as a result of this
finding will not be issued the photographic identification; has not entered into an
agreement with the agency from which the individual separated from service in
which that individual acknowledged he or she was not qualified for reasons relating
to mental health and for those reasons will not receive or accept the photographic
identification.
(7)Is not under the influence of alcohol or another intoxicating or hallucinatory drug or
substance.
(8)Is not prohibited by federal law from receiving a firearm.
Proposed law provides that the identification required by proposed law is the photographic
identification credential issued by the law enforcement agency for which the individual is
employed or has been employed that identifies the employee as a law enforcement officer
of the agency or identifies the person as having been employed as a law enforcement officer.
Effective August 1, 2014.
(Adds R.S. 40:1379.1.2 and 1379.1.3)