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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 651
BY SENATOR ALLAIN
WEAPONS. Authorizes legislators, officers of the legislature, and certain retired and active
reserve or auxiliary law enforcement officers to carry weapons under certain conditions.
(gov sig)
AN ACT1
To amend and reenact R.S. 14:95(G), (H), and (K), relative to carrying of weapons; to2
provide that members and officers of the legislature may carry weapons; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:95(G), (H), and (K) are hereby amended and reenacted to read as6
follows:7
ยง95. Illegal carrying of weapons8
* * *9
G.(1) The provisions of this Section except Paragraph (4) of Subsection A10
shall not apply to sheriffs and their deputies, state and city police, constables and11
town marshals, or persons vested with police power when in the actual discharge of12
official duties. These provisions, except Paragraph (5) of Subsection A, shall not13
apply to sheriffs and their deputies and state and city police who are not actually14
discharging their official duties, provided that such persons are full time, active, and15
certified by the Council on Peace Officer Standards and Training and have on their16
persons valid identification as duly commissioned law enforcement officers. 17 SB NO. 651
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) The provisions of this Section, except Paragraphs (4) and (5) of1
Subsection A, shall not apply to any law enforcement officer who is retired from2
full-time active law enforcement service with at least twelve years service upon3
retirement, nor shall it apply to any enforcement officer of the office of state parks,4
in the Department of Culture, Recreation and Tourism who is retired from active5
duty as an enforcement officer, provided that such retired officers have on their6
persons valid identification as retired law enforcement officers, which identification7
shall be provided by the entity which employed the officer prior to his or her public8
retirement. The retired law enforcement officer must be qualified annually in the use9
of firearms by the Council on Peace Officer Standards and Training and have proof10
of such qualification. This exception shall not apply to such officers who are11
medically retired based upon any mental impairment.12
(3)(a)(i) The provisions of this Section, except Paragraph (4) of Subsection13
A, shall not apply to active or retired reserve or auxiliary law enforcement officers14
in the actual discharge of official duties who are qualified annually by the Council15
on Peace Officer Standards and Training and who have on their person valid16
identification as active or retired reserve law or auxiliary municipal police officers.17
The active or retired reserve or auxiliary municipal police officer shall be qualified18
annually in the use of firearms by the Council on Peace Officer Standards and19
Training and have proof of such certification.20
(ii) The provisions of this Section, except Paragraphs (4) and (5) of21
Subsection A, shall not apply to retired reserve or auxiliary law enforcement22
officers qualified annually by the Council on Peace Officer Standards and23
Training and who have on their person valid identification as retired reserve24
law or auxiliary municipal police officers. The retired reserve or auxiliary25
municipal police officer shall be qualified annually in the use of firearms by the26
Council on Peace Officer Standards and Training and have proof of such27
certification.28
H. The (1) Except as provided in Paragraph (A)(5) of this Section and in29 SB NO. 651
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Paragraph (2) of this Subsection, the provisions of this Section shall not prohibit1
active justices or judges of the supreme court, courts of appeal, district courts, parish2
courts, juvenile courts, family courts, city courts, federal courts domiciled in the state3
of Louisiana, and traffic courts, members of either house of the legislature,4
officers of either house of the legislature, constables, coroners, district attorneys5
and designated assistant district attorneys, United States attorneys and assistant6
United States attorneys and investigators, and justices of the peace from possessing7
and concealing a handgun on their person when the justice or judge, legislator or8
officer of the legislature, constable, coroner, district attorneys and designated9
assistant district attorneys, United States attorneys and assistant United States10
attorneys and investigators, or justices of the peace are certified by the Council on11
Peace Officer Standards and Training. 12
(2) Nothing in this Subsection shall permit the carrying of a weapon in13
the state capitol building.14
* * *15
K.(1) The provisions of this Section, except Paragraph (5) of Subsection16
A, shall not prohibit a retired justice or judge of the supreme court, courts of appeal,17
district courts, parish courts, juvenile courts, family courts, and city courts from18
possessing and concealing a handgun on their person provided that such retired19
justice or judge is certified by the Council on Peace Officer Standards and Training20
and has on their person valid identification showing proof of their status as a retired21
justice or judge.22
* * *23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 SB NO. 651
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy Wells.
DIGEST
Allain (SB 651)
Present law provides for the illegal carrying of weapons. Defines the crime and provides
conditions and penalties.
Present law provides certain exceptions from the restrictions on carrying weapons:
(1)Excepts sheriffs and their deputies, state and city police, constables and town
marshals, or persons vested with police power when in the actual discharge of
official duties.
(2)Excepts certain retired law enforcement officers provides they have on their persons
valid identification as retired law enforcement officers, which identification shall be
provided by the entity that employed the officer prior to his or her public retirement.
Provides that the retired law enforcement officer must be POST qualified annually
in the use of firearms and have proof of such qualification. Does not apply to such
officers who are medically retired based upon any mental impairment.
(3)Excepts active and retired reserve or auxiliary law enforcement officers POST
qualified annually and who have on their person valid identification as active or
retired reserve law or auxiliary municipal police officers. Requires that they be
qualified annually in the use of firearms by POST and have proof of such
certification.
Provides that present law does not prohibit:
(1)Active justices or judges of the supreme court, courts of appeal, district courts, parish
courts, juvenile courts, family courts, city courts, federal courts domiciled in the
state, and traffic courts, constables, coroners, district attorneys and designated
assistant district attorneys, U.S. attorneys and assistant U.S. attorneys and
investigators, and justices of the peace from possessing and concealing a handgun
on their person when the justice or judge, constable, coroner, district attorneys and
designated assistant district attorneys, U.S. attorneys and assistant U.S. attorneys and
investigators, or justices of the peace are POST certified.
(2)A retired justice or judge of the supreme court, courts of appeal, district courts,
parish courts, juvenile courts, family courts, and city courts from possessing and
concealing a handgun on their person provided that such retired justice or judge is
POST certified and has on their person valid identification showing proof of their
status as a retired justice or judge. Requires the retired justice or judge be POST
qualified annually in the use of firearms and have proof of such certification. Does
not apply to a retired justice or judge who is medically retired based upon any mental
impairment.
(3)An active reserve or an auxiliary law enforcement officer in the actual discharge of
official duties who are POST qualified annually and who have on their person valid
identification as active reserve law or auxiliary municipal police officers.
(4)A retired reserve or auxiliary law enforcement officer POST qualified annually and
who have on their person valid identification as retired reserve law or auxiliary
municipal police officers. The retired reserve or auxiliary municipal police officer
shall be qualified annually in the use of firearms by the Council on Peace Officer SB NO. 651
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Standards and Training and have proof of such certification.
Proposed law allows an active reserve or auxiliary law enforcement officer in the actual
discharge of his duties to carry a firearm on a school campus or bus.
Proposed law does not allow a retired reserve or auxiliary law enforcement officer to carry
a firearm on a school campus or bus or to carry certain knives.
Proposed law retains present law and further provides that present law does not prohibit a
member or officer of either house of the legislature from possessing and concealing a
handgun on his person provided that the legislator or officer is POST qualified annually in
the use of firearms, and has proof of such certification and valid identification showing proof
of his status as a legislator or officer of either house of the legislature on his person.
Proposed law prohibits the carrying of weapons in the state capitol building by active
justices or judges of the supreme court, courts of appeal, district courts, parish courts,
juvenile courts, family courts, city courts, federal courts domiciled in the state, and traffic
courts, members and officers of the legislature, constables, coroners, district attorneys and
designated assistant district attorneys, U.S. attorneys and assistant U.S. attorneys and
investigators, and justices of the peace.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:95(G), (H) and (K))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Technical amendments
Senate Floor Amendments to engrossed bill
1. Prohibits the carrying of weapons in the state capitol building by certain
persons.
2. Provides exemptions for the carrying of firearms for active reserve or
auxiliary law enforcement officers in the actual discharge of their duties and
who are POST certified, and for certain retired reserve or auxiliary law
enforcement officers.
3. Provides the requirements of legislators and officers to carry firearms.