Recent Legislative Changes to the Louisiana “Concealed Carry” LawSeptember 15, 2016 | Category: Articles
Recent Legislative Changes to the Louisiana “Concealed Carry” Law
2016 Regular Legislative Session
While the primary mission of the Louisiana Expungement Assistance and Advocacy Center has very little to do with Louisiana concealed weapon permits, a significant number of people seeking our services do so in hopes of improving their chances of either obtaining a concealed carry permit or clearing a federal disability to purchase a weapon or pass a “Brady” background check.
For those interested in Second Amendment issues, we have provided a summary of the important changes to the concealed carry statute (LSA-R.S. 40:1379.3) that the 2016 Louisiana Legislative Regular Session passed into law. Most notably, the legislature has lifted the prohibition against some reformed offenders from obtaining a concealed carry permit, and that change in the law is anticipated to have collateral effects on the federal ban, as well.
We will provide a more detailed analysis of that in a separate update, but, at this point, it appears that an expungement WILL now allow someone who has (1) a ten-year-old felony that (2) was sentenced under article 893 (and later "set-aside") to obtain a concealed carry permit. Additionally, if that person may obtain a concealed carry permit, he SHOULD now also be able to pass a federal “Brady” background check to obtain permission from ATF to purchase a weapon or ammunition. LEAAC anticipates that these changes in the law will cure the disparity between state and federal law on gun possession for this narrow band of individuals.
The law is rapidly developing in this area, and you are encouraged to contact LEAAC with questions you may have about whether an expungement will assist you in your particular circumstances with restoring your state or federal gun rights.
Below are the most significant recent modifications to the law:
BIG NEWS: Expungements and “Gold Seal” Pardons
Effective August 2016, Act 212 of the 2016 Regular Legislative Session amended LSA-R.S. 40:1379.3(C)(6) and (10), relative to concealed handgun permits; to provide that a person who has obtained an expungement for a felony conviction shall not automatically be considered ineligible to obtain a concealed handgun permit if:
- The person's felony conviction was not for a crime of violence (as defined in R.S. 14:2(B)) and 10 years have elapsed since the completion of the person's probation, parole, and suspended sentence.
- The person has been pardoned by the governor (a “gold seal” pardon), and the pardon does not expressly prohibit the person from shipping, transporting, possessing, or receiving firearms. This provision should completely resolve the federal question about restoration of federal gun rights after a gubernatorial pardon.
Fees and Exemptions.
Effective August 2016, Act 44 of the 2016 Regular Legislative Session amended LSA-R.S. 40:1379.3(W), relative to concealed handgun permits; to exempt honorably discharged veterans of the U.S. armed forces from all fees associated with both 5-year and lifetime concealed handgun permits. This change does not affect active duty military personnel, however; they remain eligible to receive the half-price discount with a copy of the applicant’s most recent duty orders, but they are not eligible for a full fee waiver.
Temporary Permits for Victims of Abuse
Effective August 2016, Act 465 of the 2016 Regular Legislative Session enacts a new law, LSA-R.S. 40:1379.3.2, providing that a person on whose behalf the court has issued a permanent injunction or a protective order to bring about the cessation of abuse and which prohibits the subject of the order from possessing a firearm for the duration of the injunction or protective order may apply to the deputy secretary of public safety services of the Department of Public Safety & Corrections (DPS&C) for the issuance of a temporary concealed handgun permit.
Provides that the person shall:
- Apply online or in person.
- Agree to hold harmless the DPS&C.
- Meet the qualifications for the issuance of a concealed handgun permit but not demonstrate use of the firearm upon application (i.e. Concealed Handgun Training Course certificate not required initially).
- Pay a $25 fee authorized in present law. The fee shall be applied to the cost of a concealed handgun permit when training is completed.
- Comply with all other restrictions and provisions of R.S. 40:1379.3.
Provides that the temporary concealed handgun permit:
- Is valid only in Louisiana and shall not be considered as satisfying the requirements of reciprocity with any other state concealed firearm provisions.
- Shall not be construed to constitute evidence of a background check required prior to the transfer of a firearm.
- Shall expire 45 days from the date it is issued unless the regular concealed handgun permit has been issued prior to the expiration of the 45 day period.
The Act also provides that the failure to carry a copy of the permanent injunction or the protective order at all times the person is carrying the concealed handgun shall render the temporary concealed handgun permit invalid. Proposed law provides that the department shall conduct a background check prior to the issuance of a concealed handgun permit.