Riser (SB 361) Act No. 603
New 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 new 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.
New 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.
(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.
New 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.
New law provides that the identification required to be carried by new 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.
Prior law prohibited 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.
New law retains prior law and provides that in case of a conflict, the provision of prior law
control.
Effective August 1, 2014.
(Adds R.S. 40:1379.1.2-1379.1.4)