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2023 Regular Session
SENATE BILL NO. 130
BY SENATOR MORRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LAW ENFORCEMENT. Authorizes retired law enforcement officers and retired elected
law enforcement department heads to carry concealed firearms if POST certified at the time
of retirement. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 14:95(G)(2) and to enact R.S. 14:95(G)(4), relative to the crime
3 of illegal carrying of weapons; to provide an exemption for retired law enforcement
4 officers and retired elected heads of law enforcement departments under certain
5 circumstances; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:95(G)(2) is hereby amended and reenacted and R.S. 14:95(G)(4)
8 is hereby enacted to read as follows:
9 ยง95. Illegal carrying of weapons
10 * * *
11 G. * * *
12 (2) The provisions of this Section shall not apply to any law enforcement
13 officer who is retired from full-time active law enforcement service with at least
14 twelve years service upon retirement, nor shall it apply to any enforcement officer
15 of the office of state parks, in the Department of Culture, Recreation and Tourism
16 who is retired from active duty as an enforcement officer, provided that such:
17 (a) The retired officers have officer has on their persons his person valid
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 130
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1 identification as a retired law enforcement officers officer, which identification shall
2 be provided by the entity which that employed the officer prior to his or her public
3 retirement. The retired law enforcement officer must be qualified annually in the use
4 of firearms by the Council on Peace Officer Standards and Training and have proof
5 of such qualification. This exception shall not apply to such officers an officer who
6 are is medically retired based upon any mental impairment.
7 (b) The retired officer was properly certified by the Council on Peace
8 Officer Standards and Training at the time of retirement, in accordance with
9 R.S. 40:1379.3(D)(1)(f).
10 * * *
11 (4) The provisions of this Section shall not apply to any retired elected
12 head of a law enforcement department, provided that he was firearms qualified
13 by the Council on Peace Officer Standards and Training at the time of
14 retirement.
15 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 130 Original 2023 Regular Session Morris
Present law provides relative to the crime of illegal carrying of weapons, defined in pertinent
part as the intentional concealment of any firearm on one's person.
Proposed law retains present law.
Present law provides an exception to present law for any law enforcement officer who is
retired from full-time active law enforcement service with at least 12 years service, and for
any enforcement officer of the office of state parks who is retired from active duty as an
enforcement officer. Present law further provides that for this exception to apply, the retired
officer must have valid identification as a retired law enforcement officer and must be
qualified annually in the use of firearms by the Council on Peace Officer Standards and
Training (POST).
Proposed law deletes the present law requirement of annual firearms qualification and
provides that the retired officer need only have been properly certified by POST at the time
of retirement, in accordance with present law relative to exceptions to the concealed handgun
permit (CHP) requirement.
Proposed law also provides an exception to present law for any retired elected head of a law
enforcement department, provided that he was firearms qualified by POST at the time of
retirement.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 130
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Present law provides the requirements for obtaining a CHP, and provides an exception to
those requirements for retired law enforcement officers.
Proposed law makes the present law exception to the crime of illegal carrying of weapons
for retired law enforcement officers consistent with the present law exception to CHP
requirements.
Proposed law otherwise retains present law.
Effective August 1, 2023.
(Amends R.S. 14:95(G)(2); adds R.S. 14:95(G)(4))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.