Louisiana has recently passed a new law that allows current and past military personnel who reside in the state to carry a concealed weapon without a permit, as long as they are 21 years or older and are not considered a prohibited individual under state or federal law.
It is important to note that even with constitutional carry, there are still restrictions on where individuals can carry firearms. For example, it is illegal to carry a gun on school grounds, within 1000′ of school property, in most government buildings, in any establishment that sells alcohol for consumption on the premises, and in certain other locations. Additionally, private property owners may prohibit individuals from carrying firearms on their property. Some of the above-listed places are ok when you have a LA Concealed Handgun Permit.
If you are interested in carrying a firearm under this new law, it is important to familiarize yourself with the details and restrictions of all applicable laws and use of force concepts. If you only want the bare minimum, we have this 4-hr online course.
The Louisiana Senate Bill 143, Act 680, in the 2022 Louisiana Legislative Session, outlines the details of the new constitutional carry law for military personnel. The law can be accessed through the legislative website at https://www.legis.la.gov/Legis/ViewDocument.aspx?d=1290223.
At all times that a person is in possession of a concealed handgun pursuant to R.S. 40:1379.3(B)(2), that person shall have on his person proof that he meets the qualifications of Subparagraph (a) of this Paragraph demonstrated by one of the following:
- A valid military identification card.
- A valid driver’s license issued by the state of Louisiana displaying the word “Veteran” pursuant to R.S. 32:412(K).
- A valid special identification card issued by the state of Louisiana displaying the word “Veteran” pursuant to R.S. 40:1321(K).
- For a member released from service who does not qualify to have the word “Veteran” displayed on a state issued driver’s license or special identification card, a Department of Defense Form 214 (DD-214) indicating the character of service as “Honorable” or “Under Honorable Conditions (General)” and a valid driver’s license or special identification card issued by the state of Louisiana.
Louisiana does require that any person carrying under the constitutional carry law also be eligible for the concealed carry permit and not be prohibited under other state or federal laws. Recent DUI and drug convictions prevent this, as well as protective orders, certain felony convictions, and a few other things. The LA CHP qualifications are listed in LA R.S. 40:1379.3 (C)(5) through (17). I’ve listed the qualifications below, but you can always view the most up to date version at https://legis.la.gov/Legis/Law.aspx?d=97451
- (5) Not suffer from a mental or physical infirmity due to disease, illness, or intellectual disability which prevents the safe handling of a handgun.
- (6) Not be ineligible to possess a firearm by virtue of having been convicted of a felony. A conviction for a felony offense which has been expunged prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after August 1, 2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered a conviction for the purposes of this Paragraph if ten years have elapsed since the completion of the resident’s probation, parole, or suspended sentence. However, the provisions of this Paragraph shall not apply to a conviction for a crime of violence as defined in R.S. 14:2(B) even if that conviction has been expunged. A conviction for which a person has been pardoned by the governor shall not be considered a conviction for purposes of this Paragraph, unless that pardon expressly provides that the person may not ship, transport, possess, or receive firearms.
- (7) Not have been committed, either voluntarily or involuntarily, for the abuse of a controlled dangerous substance, as defined by R.S. 40:961 and 964, or been found guilty of, or entered a plea of guilty or nolo contendere to a misdemeanor under the laws of this state or similar laws of any other state relating to a controlled dangerous substance within a five-year period immediately preceding the date on which the application is submitted, or be presently charged under indictment or a bill of information for such an offense.
- (8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic, within the five-year period immediately preceding the date on which the application is submitted, or at any time after the application has been submitted.
- (9) Not have entered a plea of guilty or nolo contendere to or been found guilty of a crime of violence as defined in R.S. 14:2 at the misdemeanor level, unless five years have elapsed since completion of sentence or any other conditions set by the court have been fulfilled, or unless the conviction was set aside and the prosecution dismissed, prior to the date on which the application is submitted.
- (10) Not have been convicted of, have entered a plea of guilty or nolo contendere to, or not be charged under indictment or a bill of information for any crime of violence or any crime punishable by imprisonment for a term of one year or greater. However, a person who has been convicted of a violation of 18 U.S.C. 491(a) shall be permitted to qualify for a concealed handgun permit if fifteen or more years has elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication, or period of probation or parole. A conviction for a felony offense which has been expunged prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after August 1, 2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered a conviction for the purposes of this Paragraph if ten years have elapsed since the completion of the resident’s probation, parole, or suspended sentence. However, the provisions of this Paragraph shall not apply to a conviction for a crime of violence as defined in R.S. 14:2(B) even if that conviction has been expunged. A conviction for which a person has been pardoned by the governor shall not be considered a conviction for purposes of this Paragraph, unless that pardon expressly provides that the person may not ship, transport, possess, or receive firearms.
- (11) Not be a fugitive from justice.
- (12) Not be an unlawful user of, or addicted to, marijuana, depressants, stimulants, or narcotic drugs.
- (13) Not have been adjudicated to be mentally deficient or been committed to a mental institution, unless the resident’s right to possess a firearm has been restored pursuant to R.S. 28:57.
- (14) Not be an illegal alien in the United States.
- (15) Not have been discharged from the Armed Forces of the United States with a discharge characterized as “Under Other than Honorable Conditions”, a “Bad Conduct Discharge”, or a “Dishonorable Discharge”. In the case of Commissioned Officers and Warrant Officers of the United States Armed Forces, the punishment of “Dismissal” rendered subject to a verdict of “guilty” at a trial by military court-martial is deemed to be disqualifying under this Paragraph. For the purposes of this Paragraph, the United States Coast Guard is considered an armed force.
- (16) Not have a history of engaging in violent behavior. There shall be a rebuttable presumption that an applicant has a history of engaging in violent behavior upon proof that, within a ten-year period immediately preceding the date of the application, the applicant has been arrested or charged on three or more occasions for any crime of violence as defined in R.S. 14:2(B), or has been arrested or charged on two or more occasions for any crime of violence that may be punished by death.
- (17) Not be ineligible to possess or receive a firearm under 18 U.S.C. 922(g) or (n).
You must also not be prohibited under R.S. 14:95.1, 18 U.S.C. 922(g), or any other state or federal law.
It is important to note that the information provided in this blog post is for educational purposes only and should not be considered legal advice. Anyone interested in carrying a firearm under this new law should consult with a legal professional to ensure that they understand the requirements and restrictions.