RÉSUMÉ DIGEST
SB 118 2021 Regular Session Morris
Present law provides for the crime of "illegal carrying of weapons" in part as the intentional
concealment of any firearm, or other instrumentality customarily used or intended for
probable use as a dangerous weapon by a person.
Present law provides for certain exceptions to the crime of illegal carrying of weapons,
including for those La. residents issued a concealed handgun permit by the Dept. of Public
Safety and Corrections.
Proposed law would create an additional exception for any person who does not possess a
concealed handgun permit but otherwise meets the same eligibility requirements as those
who do possess a concealed handgun permit.
Present law prohibits a concealed handgun permit holder from carrying and concealing a
handgun while under the influence of alcohol or a controlled dangerous substance.
Proposed law would extend the prohibition from carrying and concealing a handgun while
under the influence of alcohol or a controlled dangerous substance to nonpermitted but
otherwise legal carriers.
Present law requires a concealed handgun permit holder to notify any police officer who
approaches the permittee in an official manner or with an identified official purpose that he
has a weapon on his person, submit to a pat-down, and allow the officer to temporarily
disarm him.
Proposed law would extend the notification requirement to nonpermitted but otherwise legal
carriers.
Would have become effective August 1, 2021.
(Proposed to amend R.S. 40:1379.3(B) and (I)(1) and (2); add R.S. 14:95(M) and R.S.
40:1379.3.3)
VETO MESSAGE: "Please be advised that I have vetoed Senate Bill 118 of the 2021
Regular Session.
This bill has been sold as the 'constitutional carry' bill in that its supporters claim it
enshrines in statutory law what they believe is already guaranteed by the Louisiana
Constitution the right to carry a concealed weapon without a permit or any training. If this
were true, this bill would be unnecessary, as any one of the supporters of this legislation
could at any time challenge the constitutionality of the current law that provides for the
ability to obtain a concealed carry permit. They have chosen not to do so, and instead have
brought this bill to change the law.
I cannot support the version of the bill that passed the legislature. First, this bill
removes any training requirements and instead puts in place an optional 60-minute online
training course. This is wholly inadequate. Several members of law enforcement, including
the Superintendent of Louisiana State Police and the Executive Director of the Louisiana
Association of Chiefs of Police testified about the necessity of training, including live fire
training, to ensure the safety of the public and the gun owner. In the Senate, an amendment
was offered which would have required this common sense training to be maintained.
However, it was rejected. There is simply no good reason why the State of Louisiana should
provide for concealed carry of weapons for people that have no training on how to properly
use a gun.
In addition, this bill is in direct conflict with other bills passed by the legislature in
this very same session that I have signed into law. Representative Miguez, who claimed to
be a strong supporter of Senate Bill 118, authored House Bill 48 on this exact issue. This bill
recognizes additional entities that can provide the required training under current law and
further adds a provision that provides for 'a demonstration by the applicant of shooting
proficiency, and safe handling of a handgun.' This training that Representative Miguez has
placed in law would be removed as a requirement under Senate Bill 118. Obviously
Representative Miguez believes that training involving proficiency with and safe handling of a firearm is important and necessary. I agree. The same is true of House Bill 124, which
provides for an exception to the crime of illegal carrying of a weapon if the individual has
a concealed handgun permit. These two bills, which passed the legislature almost
unanimously, are directly contrary to the goals of Senate Bill 118. They also demonstrate
that despite the catchy phrase of 'constitutional carry,' the current law is clearly reasonable
and constitutional. It does not need to be effectively repealed to ensure compliance with the
Louisiana Constitution."