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 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.