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Regular Session, 2014 ENROLLED
SENATE BILL NO. 361
BY SENATOR RISER AND REPRESENTATIVES ADAMS, ARNOLD, BERTHELOT,
STUART BISHOP, BROADWATER, BURFORD, HENRY BURNS,
CHANEY, CONNICK, CROMER, DOVE, GAROFALO, GISCLAIR,
GREENE, GUINN, HARRISON, HAZEL, HODGES, HOFFMANN,
HOLLIS, IVEY, KLECKLEY, LEGER, LOPINTO, LORUSSO, JAY
MORRIS, PYLANT, REYNOLDS, SCHEXNAYDER, SEABAUGH,
THOMPSON, WHITNEY, ALFRED WILLIAMS AND WILLMOTT
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
or not, and regardless of whether the officer is engaged in the actual discharge18
of his duties.19
B. As used in this Section, the term "qualified law enforcement officer"20
means a law enforcement officer who meets all of the following requirements:21
(1) Is an active, full-time employee of a state or municipal law22
enforcement agency or sheriff's office and is certified in the use of firearms by23
the Peace Officer Standards and Training Council.24
ACT No. 603 SB NO. 361 ENROLLED
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(2) Is authorized by law to engage in or supervise the prevention,1
detection, investigation, or prosecution of, or the incarceration of any person2
for, any violation of law, and has statutory powers of arrest or apprehension.3
(3) Is authorized by the employing agency to carry a firearm in4
accordance with the agency's rules and regulations.5
(4) Is not the subject of any disciplinary action by the agency which could6
result in suspension or loss of police powers.7
(5) Meets standards, if any, established by the agency which require the8
employee to regularly qualify in the use of a firearm.9
(6) Is not under the influence of alcohol or another intoxicating or10
hallucinatory drug or substance.11
(7) Is not prohibited by federal law from receiving a firearm.12
C. The identification required by this Section is the photographic13
identification credential issued by the law enforcement agency for which the14
individual is employed that identifies the employee as a law enforcement officer15
of the agency.16
§1379.1.3. Carrying of concealed firearms by qualified retired law enforcement17
officers18
A. Notwithstanding any other provision of state law or any ordinance of19
any political subdivision and subject to the rules and regulations or policies of20
the agency or office from which the individual has retired, an individual who is21
retired from service as a qualified law enforcement officer and who was22
commissioned by the agency or office from which he retired and is carrying the23
identification required by his office as a retired law enforcement officer, may24
carry a concealed firearm anywhere in the state, including any place open to the25
public.26
B. As used in this Section, the term "qualified retired law enforcement27
officer" means an individual who meets all of the following:28
(1) Separated from service in good standing from a law enforcement29
agency as a qualified law enforcement officer.30 SB NO. 361 ENROLLED
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(2) Before such separation, was an active, full-time employee of a state1
or municipal law enforcement agency or sheriff's office and is certified in the2
use of firearms by the Peace Officer Standards and Training Council.3
(3) Was authorized by law to engage in or supervise the prevention,4
detection, investigation, or prosecution of, or the incarceration of any person5
for, any violation of law, and had statutory powers of arrest.6
(4)(a) Before such separation, served as a law enforcement officer for an7
aggregate of twelve years or more; or8
(b) Separated from service with such agency after completing any9
applicable probationary period of such service due to a service-connected10
disability, as determined by such agency.11
(5) Qualifies annually in the use of firearms by the Peace Officer12
Standards and Training Council and has proof of such certification.13
(6)(a) Has not been officially found by a qualified medical professional14
employed by the agency to be unqualified for reasons relating to mental health15
and as a result of this finding will not be issued the photographic identification16
as described in Subsection C of this Section; or17
(b) Has not entered into an agreement with the agency from which the18
individual separated from service in which that individual acknowledged he or19
she was not qualified under this Section for reasons relating to mental health20
and for those reasons did not receive or accept the photographic identification21
as described in Subsection C of this Section.22
(7) Is not under the influence of alcohol or another intoxicating or23
hallucinatory drug or substance.24
(8) Is not prohibited by federal law from receiving a firearm.25
C. The identification required by this Section is the photographic26
identification credential issued by the agency from which the individual27
separated from service as a law enforcement officer that identifies the person28
as having been employed as a law enforcement officer.29
§1379.1.4. Conflict provision30 SB NO. 361 ENROLLED
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Nothing in the provisions of R.S. 40:1379.1.2 and 1379.1.3 shall be1
construed to supersede the provisions of R.S. 40:1797, and in case of any2
conflict, the provisions of R.S. 40:1797 shall control.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: