Citation(s) from the GunPolicy.org literature library
State of Louisiana. 2012 ‘La. Rev. Stat. §§ 40:1379.1(M), etc..’ Firearms Law Database - Concealed Weapons Permitting in Louisiana. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 3 January
Concealed Weapons Permitting in Louisiana
Louisiana does not prohibit a person from carrying a concealed handgun in public if the person has a permit. However, Louisiana prohibits the "negligent carrying of a concealed handgun," which applies regardless of whether a person is licensed under state law, and includes carrying a concealed handgun, intentionally or with criminal negligence, when it is foreseeable that the handgun may discharge.
Louisiana is a "shall issue" state, meaning that Department of Public Safety and Corrections must issue a concealed weapons license if the applicant meets certain qualifications. Applicants must:
- Be a Louisiana resident (a 2011 law removed the requirement that the applicant have been a Louisiana resident for at least six months);
- Be 21 years of age or older; and
- Be eligible to possess a firearm under federal law.
In addition, applicants must not:
- Suffer from "mental or physical infirmity due to disease, illness, or retardation" which prevents the safe handling of a handgun;
- Be ineligible to possess a firearm due to a felony conviction;
- Have been institutionally committed, either voluntarily or involuntarily, for the abuse of a controlled dangerous substance, or been found guilty of, or entered a plea of guilty or no contest to a misdemeanor relating to a controlled dangerous substance within the last five years, or be presently charged with such an offense;
- Chronically and habitually use alcoholic beverages to the extent that his or her normal faculties are impaired, which shall be presumed if the applicant has been found guilty of, or entered a plea of guilty or no contest to, operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic within the last five years;
- Have entered a plea of guilty or no contest to, or been found guilty of, a violent crime at the misdemeanor level, unless five years have elapsed since completing the sentence or any other conditions set by the court have been fulfilled, or the conviction was set aside and the prosecution dismissed prior to the date on which the application is submitted;
- Have been convicted of, have entered a plea of guilty or no contest to, or be charged with any crime of violence or any crime punishable by imprisonment for a term of one year or more;
- Be a fugitive from justice;
- Be an unlawful user of, or addicted to, marijuana, depressants, stimulants, or narcotic drugs;
- Have been adjudicated to be mentally deficient or been committed to a mental institution;
- Be an illegal alien in the United States;
- 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;"
- Have a history of engaging in violent behavior. There is a rebuttable presumption that an applicant has a history of engaging in violent behavior upon proof that, within the last 10 years, the applicant has, on three or more occasions, been arrested for or charged with any "crime of violence", or has on two or more occasions been arrested for or charged with any crime of violence punishable by death;
- Have had a permit denied within one year prior to the most recent application; or
- Have had a permit revoked within four years prior to the most recent application.
The Department must conduct "a thorough background investigation, including a criminal history check, of every applicant, [including] a computer check of available on-line state records, and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation for a national criminal history record check."
A concealed handgun permit may also be issued by the chief law enforcement officer of a parish (valid only within the parish), or by the deputy secretary of the Department (if the applicant already has a permit issued by the chief law enforcement officer of the parish in which the applicant is officially domiciled, and is bonded in the amount of $5,000). Permits issued by the deputy secretary of the Department may also be subject to certain "restrictive stipulations."
Firearm Safety Training
The applicant must also demonstrate competence with a handgun, usually by completing a specified or approved course or class within the previous year.
Duration & Renewal
Louisiana passed a law in 2010 extending the duration of concealed handgun permits from four to five years.))
Disclosure or Use of Information
Louisiana does not allow personal application or permit information of concealed handgun permit holders to be made public. Such information is confidential and not subject to a public records request. However, the Department may provide statistical information which does not identify individual applicants or permittees. La. Rev. Stat. § 40:1379.3(A)(2).))
The Department must submit a report by March 31st of each year to the Legislature relative to concealed handgun permits. The report must include information - categorized by age, sex, race, and zip code of the applicant or licensee - on the number of licenses issued, denied, revoked, or suspended and the reasons for such denial, revocation, or suspension. The report must also include data concerning any known accidents or deaths involving permittees.
Louisiana law provides that a valid concealed handgun permit issued in another state is valid in Louisiana if the person is not a Louisiana resident, and the permit was issued by a state that recognizes Louisiana concealed handgun permits…