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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, 1379.1.3, and 1379.1.4, 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, 1379.1.3, and 1379.1.4 are hereby enacted to read as8
follows:9
§1379.1.2. Carrying of concealed firearms by qualified law enforcement10
officers11
A. Notwithstanding any other provision of state law or any ordinance of12
any political subdivision and subject to the rules and regulations or policies of13
the agency or office employing the individual, an individual who is a qualified14
law enforcement officer and who is carrying the identification required by his15
office as a law enforcement officer, may carry a concealed firearm anywhere in16
the state, including any place open to the public, whether the officer is on duty17 SB NO. 361
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or not, and regardless of whether the officer is engaged in the actual discharge1
of his duties.2
B. As used in this Section, the term "qualified law enforcement officer"3
means a law enforcement officer who meets all of the following requirements:4
(1) Is an active, full-time employee of a state or municipal law5
enforcement agency or sheriff's office and is certified in the use of firearms by6
the Peace Officer Standards and Training Council.7
(2) Is authorized by law to engage in or supervise the prevention,8
detection, investigation, or prosecution of, or the incarceration of any person9
for, any violation of law, and has statutory powers of arrest or apprehension.10
(3) Is authorized by the employing agency to carry a firearm in11
accordance with the agency's rules and regulations.12
(4) Is not the subject of any disciplinary action by the agency which could13
result in suspension or loss of police powers.14
(5) Meets standards, if any, established by the agency which require the15
employee to regularly qualify in the use of a firearm.16
(6) Is not under the influence of alcohol or another intoxicating or17
hallucinatory drug or substance.18
(7) Is not prohibited by federal law from receiving a firearm.19
C. The identification required by this Section is the photographic20
identification credential issued by the law enforcement agency for which the21
individual is employed that identifies the employee as a law enforcement officer22
of the agency.23
§1379.1.3. Carrying of concealed firearms by qualified retired law enforcement24
officers25
A. Notwithstanding any other provision of state law or any ordinance of26
any political subdivision and subject to the rules and regulations or policies of27
the agency or office from which the individual has retired, an individual who is28
retired from service as a qualified law enforcement officer and who was29 SB NO. 361
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commissioned by the agency or office from which he retired and is carrying the1
identification required by his office as a retired law enforcement officer, may2
carry a concealed firearm anywhere in the state, including any place open to the3
public.4
B. As used in this Section, the term "qualified retired law enforcement5
officer" means an individual who meets all of the following:6
(1) Separated from service in good standing from a law enforcement7
agency as a qualified law enforcement officer.8
(2) Before such separation, was an active, full-time employee of a state9
or municipal law enforcement agency or sheriff's office and is certified in the10
use of firearms by the Peace Officer Standards and Training Council.11
(3) Was authorized by law to engage in or supervise the prevention,12
detection, investigation, or prosecution of, or the incarceration of any person13
for, any violation of law, and had statutory powers of arrest.14
(4)(a) Before such separation, served as a law enforcement officer for an15
aggregate of twelve years or more; or16
(b) Separated from service with such agency after completing any17
applicable probationary period of such service due to a service-connected18
disability, as determined by such agency.19
(5) Qualifies annually in the use of firearms by the Peace Officer20
Standards and Training Council and has proof of such certification.21
(6)(a) Has not been officially found by a qualified medical professional22
employed by the agency to be unqualified for reasons relating to mental health23
and as a result of this finding will not be issued the photographic identification24
as described in Subsection C of this Section; or25
(b) Has not entered into an agreement with the agency from which the26
individual separated from service in which that individual acknowledged he or27
she was not qualified under this Section for reasons relating to mental health28
and for those reasons did not receive or accept the photographic identification29 SB NO. 361
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as described in Subsection C of this Section.1
(7) Is not under the influence of alcohol or another intoxicating or2
hallucinatory drug or substance.3
(8) Is not prohibited by federal law from receiving a firearm.4
C. The identification required by this Section is the photographic5
identification credential issued by the agency from which the individual6
separated from service as a law enforcement officer that identifies the person7
as having been employed as a law enforcement officer.8
§1379.1.4. Conflict provision9
Nothing in the provisions of R.S. 40:1379.1.2 and 1379.1.3 shall be10
construed to supersede the provisions of R.S. 40:1797, and in case of any11
conflict, the provisions of R.S. 40:1797 shall control.12
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy Wells.
DIGEST
Riser (SB 361)
Proposed law authorizes the carrying of concealed firearms by qualified law enforcement
officers and retired law enforcement officers in any place open to the public, subject to the
rules and regulations or policies of the agency or office employing the officer or from which
the officer retired. For proposed law to apply, the officer must be carrying the identification
required by his office. In addition, a qualified retired law enforcement officer must have
been commissioned by the agency or office from which he retired.
Proposed law provides that the term "qualified law enforcement officer" means a law
enforcement officer who meets all of the following requirements:
(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. SB NO. 361
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(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 meets all of the following:
(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.
(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 to be carried by proposed law is the
photographic identification credential issued by the law enforcement agency for which the
individual is employed or has been employe d 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 of the agency.
Present law prohibits law enforcement officers from carrying a firearm, whether concealed
or not, into a courtroom while attending a court hearing as a party to that proceeding.
Proposed law retains present law and provides that in case of a conflict, the provision of
present law control.
Effective August 1, 2014.
(Adds R.S. 40:1379.1.2-1379.1.4)
Summary of Amendments Adopted by Senate SB NO. 361
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Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Adds a limitation on proposed law's authorization of the officer's agency's
rules and regulations or policies.
2. Adds a requirement for a retired law enforcement officer that he was
commissioned by the agency or office from which he retired.
Senate Floor Amendments to engrossed bill
1. Provides that no law enforcement officer can carry a firearm, whether
concealed or not, into a courtroom while attending a court hearing as a party
to that proceeding.
2. Makes technical changes.