The original instrument was prepared by James Benton. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Dawn Romero Watson.
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:
(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.
(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 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 of the agency.
Effective August 1, 2014.
(Adds R.S. 40:1379.1.2 and 1379.1.3)
Summary of Amendments Adopted by Senate
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.