La. Stat. tit. 40 § 1379.1.4

Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 2,3, 6-535, and 580-647

Section 40:1379.1.4 - [Effective 8/1/2024] Carrying of concealed firearms by qualified retired law enforcement officers

A. Notwithstanding any other provision of state law or any ordinance of any political subdivision and subject to the rules and regulations or policies of the agency or office from which the individual has retired, an individual who is retired from service as a qualified law enforcement officer and who was commissioned by the agency or office from which he retired and is carrying the identification required by his office as a retired law enforcement officer, may carry a concealed firearm anywhere in the state, including any place open to the public.

B. As used in this Section, the term "qualified retired law enforcement officer" means an individual who meets all of the following:

(1) Separated from service in good standing from a law enforcement agency as a qualified law enforcement officer. For purposes of this Section, an officer is in "good standing" unless the officer is the subject of an internal investigation for which the presumptive penalty, if the investigation is disposed of as "sustained", is termination.

(2) Before such separation, was an active, full-time employee or reserve officer of a state or municipal law enforcement agency or sheriff's office and is certified in the use of firearms by the Peace Officer Standards and Training Council.

(3) Was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest.

(4)

(a) Before such separation, served as a law enforcement officer for an aggregate of twelve years or more; or

(b) Separated from service with such agency after completing any applicable probationary period of such service due to a service-connected disability, as determined by such agency.

(5) Qualifies annually in the use of firearms by the Peace Officer Standards and Training Council and has proof of such certification or was properly certified by the Council on Peace Officer Standards and Training at the time of retirement, in accordance with R.S. 40:1379.3(D)(1)(f).

(6)

(a) Has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental or physical health and as a result of this finding will not be issued the photographic identification as described in Subsection C of this Section; or

(b) Has not entered into an agreement with the agency from which the individual separated from service in which that individual acknowledged he or she was not qualified under this Section for reasons relating to mental or physical health and for those reasons did not receive or accept the photographic identification as described in Subsection C of this Section.

(7) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.

(8) Is not prohibited by federal law from receiving a firearm.

C. The identification required by this Section is the photographic identification credential issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a law enforcement officer.

D. The sheriff, chief law enforcement officer, or head of the office or agency from which the individual has retired shall issue identification required by the provisions of this Section to each individual who meets the qualifications set forth in Subsection B of this Section.

E. The provisions of this Section shall not permit an individual who is retired from service as a qualified law enforcement officer the ability to carry a concealed firearm in another state without proper qualification under the provisions of 18 U.S.C. 926C.

F. No business organization shall deny entry or otherwise prohibit a qualified retired law enforcement officer who is lawfully carrying a concealed firearm from entering a venue.

G. As used in this Section:

(1) "Business organization" means a sole proprietorship, partnership, corporation, limited liability company, or other business association recognized by the Internal Revenue Service.

(2) "Venue" means a physical location open to the public that is operated, managed, owned by, or otherwise under the control or authority of a business organization.

H. A business organization operating a venue shall be subject to a civil fine of one thousand dollars per occurrence to be paid to the Department of Justice for each violation of the provisions of Subsection F of this Section. Each violation of Subsection F of this Section shall constitute a separate offense. The attorney general shall have the authority to bring a civil action arising out of any violation of the provisions of Subsection F of this Section, in addition to any other authority granted by the Constitution of Louisiana and laws of this state.

I. The court shall assess all court costs, including attorney fees, incurred in the institution of the action authorized by Subsection H of this Section against the subject of the action for any violation of the provisions of Subsection F of this Section.

[J]. For the purposes of this Section, "reserve officer" means a reserve or auxiliary municipal police officer who meets all the qualifications provided in R.S. 14:95(G)(3).

La. R.S. § 40:1379.1.4

Acts 2014, No. 603, §1; Acts 2018, No. 507, §1; Acts 2021, No. 191, §1; Acts 2023, No. 385, §1.

Amended by Acts 2024, No. 38,s. 2, eff. 8/1/2024.

Amended by Acts 2024, No. 30,s. 1, eff. 8/1/2024.

Amended by Acts 2023, No. 385,s. 1, eff. 8/1/2023.

Amended by Acts 2021, No. 191,s. 1, eff. 8/1/2021.

Amended by Acts 2018, No. 507,s. 1, eff. 8/1/2018.

Added by Acts 2014, No. 603,s. 1, eff. 8/1/2014.

Subsection [J], originally designated F, was redesignated by the editor pending revisor's reconciliation of 2024 amendments.

See Acts 2021, No. 191, §2, relative to retroactive and prospective application.

This section is set out more than once due to postponed, multiple, or conflicting amendments.