Louisiana Revised Statutes 40:1379.1.4 – Carrying of concealed firearms by qualified retired law enforcement officers
Terms Used In Louisiana Revised Statutes 40:1379.1.4
- Arrest: Taking physical custody of a person by lawful authority.
- Employee: means any employee of the division of state police in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
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 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 La. Rev. Stat. 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.
Acts 2014, No. 603, §1; Acts 2018, No. 507, §1; Acts 2021, No. 191, §1; Acts 2023, No. 385, §1.
NOTE: See Acts 2021, No. 191, §2, relative to retroactive and prospective application.