2021 Regular Session ENROLLED
SENATE BILL NO. 118
BY SENATORS MORRIS, CATHEY, CLOUD, FESI, HEWITT, ROBERT MILLS,
PEACOCK, WHITE AND WOMACK AND REPRESENTATIVES
AMEDEE, BACALA, CARRIER, CORMIER, CREWS, DEVILLIER,
EDMONDS, EMERSON, FIRMENT, FONTENOT, FRIEMAN,
GADBERRY, GAROFALO, HARRIS, HORTON, IVEY, MIKE
JOHNSON, TRAVIS JOHNSON, MCCORMICK, MCFARLAND,
MIGUEZ, ORGERON, CHARLES OWEN, ROBERT OWEN, RISER,
SCHAMERHORN, SEAB AUGH, THOMPSON AND W HEAT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 40:1379.3(B) and (I)(1) and (2), and to enact R.S. 14:95(M) and
3 R.S. 40:1379.3.3, relative to the illegal carrying of weapons; to exempt certain
4 persons from the crime of illegal carrying of weapons under certain circumstances;
5 to provide for concealed weapon permits; to provide for exceptions; to provide
6 relative to the completion of a sixty-minute online concealed handgun education
7 course; to provide relative to a database of licensed firearm and handgun instructors;
8 to provide relative to blood alcohol readings; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:95(M) is hereby enacted to read as follows:
11 §95. Illegal carrying of weapons
12 * * *
13 M. The provisions of Paragraph (A)(1) of this Section shall not apply to
14 any person if both of the following conditions are met:
15 (1) The person is twenty-one years of age or older.
16 (2) The person is not prohibited from possessing a firearm under R.S.
17 14:95.1, R.S. 40:1379.3(C)(5) through (17), 18 U.S.C. 922(g), or any other state
18 or federal law.
19 Section 2. R.S. 40:1379.3(B) and (I)(1) and (2) are hereby amended and reenacted
20 and R.S. 40:1379.3.3 is hereby enacted to read as follows:
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1 §1379.3. Statewide permits for concealed handguns; application procedures;
2 definitions
3 * * *
4 B.(1) A concealed handgun permit shall be issued only to a Louisiana
5 resident who qualifies for a permit under the provisions of this Section. A concealed
6 handgun permit issued pursuant to the provisions of this Section shall grant authority
7 to a Louisiana resident to carry a concealed handgun on his person.
8 (2) A Louisiana resident shall be required to possess a valid concealed
9 handgun permit issued by the state of Louisiana pursuant to the provisions of this
10 Section in order to carry a concealed handgun in the state of Louisiana who meets
11 the qualifications of R.S. 14:95(M) shall not be required to possess a valid
12 concealed handgun permit issued by the state of Louisiana pursuant to the
13 provisions of this Section in order to carry a concealed handgun in the state of
14 Louisiana. The provisions of this Subsection shall not affect the requirements
15 of reciprocity as provided in Subsection T of this Section.
16 * * *
17 I.(1) No individual to whom a concealed handgun permit is issued or a
18 person carrying a weapon pursuant to R.S. 14:95(M) may carry and conceal such
19 handgun while under the influence of alcohol or a controlled dangerous substance.
20 While a permittee is under the influence of alcohol or a controlled dangerous
21 substance, an otherwise lawful permit is considered automatically suspended and is
22 not valid. A permittee shall be considered under the influence as evidenced by a
23 blood alcohol reading of .05 percent or greater by weight of alcohol in the blood, or
24 when a blood test or urine test shows any confirmed presence of a controlled
25 dangerous substance as defined in R.S. 40:961 and 964.
26 (2) A permittee armed with a handgun in accordance with this Section or a
27 person carrying a weapon pursuant to R.S. 14:95(M) shall notify any police
28 officer who approaches the permittee in an official manner or with an identified
29 official purpose that he has a weapon on his person, submit to a pat down, and allow
30 the officer to temporarily disarm him. Whenever a law enforcement officer is made
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1 aware that an individual is carrying a concealed handgun and the law enforcement
2 officer has reasonable grounds to believe that the individual is under the influence
3 of either alcohol or a controlled dangerous substance, the law enforcement officer
4 may take temporary possession of the handgun and request submission of the
5 individual to a department certified chemical test for determination of the chemical
6 status of the individual. Whenever a law enforcement officer is made aware that an
7 individual is behaving in a criminally negligent manner as defined under the
8 provisions of this Section, or is negligent in the carrying of a concealed handgun as
9 provided for in R.S. 40:1382, the law enforcement officer may seize the handgun,
10 until adjudication by a judge, if the individual is issued a summons or arrested under
11 the provisions of R.S. 40:1382. Failure by the permittee to comply with the
12 provisions of this Paragraph shall result in a six-month automatic suspension of the
13 permit.
14 * * *
15 §1379.3.3. Louisiana permitless carry
16 A. The Department of Public Safety and Corrections, office of state
17 police, shall provide a sixty-minute online concealed handgun education course
18 at no cost to Louisiana residents.
19 B. The concealed handgun education course shall cover the following
20 topics:
21 (1) Concealed handgun basics and nomenclature.
22 (2) Firearm-free zones.
23 (3) Use of deadly force.
24 (4) Interactions with law enforcement officers.
25 C. The sixty-minute concealed handgun education course provided by
26 this Section does not fulfill the requirements for obtaining a concealed handgun
27 permit under R.S. 40:1379.3.
28 D. State police shall maintain an online database of all licensed handgun
29 and firearm instructors to allow the public to search for classes.
30 E. The Department of Public Safety and Corrections, office of state
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1 police, shall promulgate rules and regulations in accordance with the
2 Administrative Procedure Act to implement the provisions of this Section.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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