Louisiana Gun Laws
Wednesday, November 12, 2014
STATE CONSTITUTIONAL PROVISION - Article 1, Section 11.
“The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.”
Gun Laws Overview
|RIFLES & SHOTGUNS||HANDGUNS|
|Permit to Purchase||No||No|
|Registration of Firearms||No||No|
|Licensing of Owners||No||No|
|Permit to Carry||No||Yes|
The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
|Right to Carry Confidentiality||Provisions Enacted|
|Right to Carry in Restaurants||Partial Ban|
|Right To Carry Laws||Shall Issue|
|Right To Carry Reciprocity and Recognition||True Reciprocity|
|Right to Keep & Bear Arms State Constitutional Provisions||With Provisions|
Laws on Purchase, Possession and Carrying of Firearms
Antiques and Replicas
Louisiana statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession, sale, and carrying purposes.
The state of Louisiana recognizes open carry.MORE
No person shall carry a concealed firearm intentionally without a permit unless one is a peace officer in performance of his or her official duties. The Deputy Secretary of Public Safety Services of the Department of Public Safety and Corrections shall issue a concealed handgun permit to any citizen who qualifies for a permit. Any information in any application for a concealed handgun permit shall be held confidential and shall not be subject to any public records request.
To qualify, a citizen shall:
All applicants shall submit with the application a non-refundable $125 fee in the form of a cashier’s check, certified check or money order. A permit is valid for 5 years. Applicants that are age 65 or older pay $62.50. The Deputy Secretary of Public Safety Services shall, within two working days of the permit application, notify the Chief of Police of the municipality and the Chief Law Enforcement Officer of the parish in which the applicant is domiciled of such application. Those officers shall have 10 days to forward to the Deputy Secretary, information relating to the applicant’s legal qualification to receive a permit. The Deputy Secretary, in a timely manner, shall issue the permit to all qualified applicants. The permit shall be valid in all parishes statewide.
All applicants shall submit with the application a non-refundable $100 fee in the form of a certified check or money order for a four-year concealed handgun permit or a $50 fee for the two-year concealed handgun permit. Applicants that are age 65 or older pay one half of this amount. Any applicant that has not continuously resided within the state of Louisiana for the 15 years immediately preceding the date on which their application is received must enclose an additional non-refundable $50 fee. A permittee wishing to renew his concealed handgun permit shall file a renewal application no more than 120 days prior to the expiration of the permit and no later than the 60th day after expiration.
A permittee may not carry a concealed handgun into:
A property owner may prohibit access to his property by persons possessing concealed handguns. A permittee may not carry a concealed handgun into a private residence of another without first receiving the consent of that person.
A permittee shall retain and carry his permit on his person when actually carrying and concealing a handgun. A permittee armed with a handgun shall notify any police officer who approaches the permittee in an official manner or purpose, that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer has reasonable grounds to believe an armed permittee is under the influence of alcohol or a controlled dangerous substance, the officer may take temporary possession of the handgun and request submission to a chemical test. Whenever an officer is made aware that an individual is behaving in a criminally negligent manner, or is negligent in carrying a handgun, the officer may seize the handgun until adjudication by a judge. Failure to comply with these provisions shall result in a six-month automatic suspension of the permit.LESS
No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, use, or registration of firearms, ammunition, or components of firearms or ammunition. Local ordinances enacted before 1985 still apply.MORE
The governing authority of any political subdivision or local or other governmental authority of the state is preempted from bringing suit to recover against any firearms or ammunition manufacturer, trade association, or dealer for damages for injury, death, or loss or to seek other injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition. The authority to bring such actions as may be authorized by law shall be reserved exclusively to the state.
It is unlawful to obliterate, remove, change, or alter numbers or marks of identification on any firearm. No person shall intentionally receive, possess, carry, conceal, buy, sell, or transport any firearm which has been illegally obtained or from which the serial number or mark of identification has been obliterated. This shall not apply to any firearm which is an antique or war relic and is inoperable or for which ammunition is no longer manufactured in the U.S. and is not readily available in the ordinary channels of commercial trade, or which was originally manufactured without such a number.
No person shall import, manufacture, sell, purchase, possess, or transfer, any bullet that has a steel inner core or core of equivalent density and hardness, truncated cone, and is designed for use in a handgun as a body armor or metal piercing bullet, or which has been primarily manufactured or designed by nature of its shape, cross-sectional density, or any coating applied thereto, to breach or penetrate body armor when fired from a handgun.LESS
No state permit is required to possess a rifle, shotgun, or a handgun. It is unlawful for anyone who has been convicted of certain crimes of violence to possess a firearm for a period of ten years from the date of completion of the sentence, probation, parole or suspension of sentence. It is unlawful for any person under seventeen to possess a handgun on his person, but this does not apply to any person under seventeen who is attending a hunter’s safety or firearms safety course; engaging in practice in the use of a firearm or target shooting at an established range; hunting or trapping pursuant to a valid license; or traveling to or from one of the above activities; or has the written permission of parents or legal guardian.
No political subdivision of the state may regulate in any manner, firearms or ammunition, unless otherwise allowed for in state law.MORE
LA. REV. STAT. ANN. § 1796 Preemption of state law
No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; provided, however, that this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.
It is lawful for any person residing in this state to purchase or otherwise obtain a rifle or shotgun or ammunition in any state, contiguous or non-contiguous to this state and to receive or transport such rifle or shotgun or ammunition into this state, and to permit any person residing in a contiguous or non-contiguous state to purchase shotguns, rifles or ammunition in this state provided that the purchase of said rifle or shotgun complies with Louisiana law, the law of the other state Involved in the purchase and federal law.
A shooting range shall not be subject to a civil or criminal prosecution based on claims of noise or noise pollution if the range was in operation prior to enactment of such regulations.MORE
LA. REV. STAT. ANN. § 2055.1. Sport shooting range; regulation; noise pollution; nuisance
A. (1) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range was established, constructed, or operated prior to the implementation of any noise control laws, ordinances, rules, or regulations, or if the range is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the range and its operation at the time of establishment, construction, or initial operation of the range.
(2) Rules or regulations adopted by a state or local department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this Section.
(3) A municipal noise control ordinance may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment date of the ordinance.
B. (1) Except as provided in this Section, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person's property if the shooting range was established, constructed, or operated as of the date the person acquired the property. If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three years of the date of a substantial change in use.
(2) A person who owns property in the vicinity of a shooting range that was established, constructed, or operated after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five years after establishment of the range or three years after a substantial change in use of the range.
(3) If there has been no shooting activity at a range for a period of two years, resumption of shooting is considered establishment of a new shooting range for purposes of this Section.
C. (1) Except as otherwise provided in this Section, this Section does not prohibit a unit of local government from regulating the location and construction of a sport shooting range after the effective date of this Section.
(2) Nothing in this Section limits the ability of a local unit of government to regulate noise produced as a result of a substantial change in the use of the range.
D. The provisions of R.S. 30:2053(6), (7), (8), and (9) and 2055.1 contained herein shall not alter or otherwise affect lawsuits filed prior to August 15, 1997.LESS
Transportation and Storage of Firearms in Privately Owned Motor Vehicles
Lawfully possessed firearms may be transported or stored in a locked, privately owned motor vehicle in any parking lot, parking garage, or other designated parking area. Employers or business entities may adopt policies specifying that locked firearms on property under their control be hidden from plain view or within a locked case or container within the vehicle. This does not apply to property where the possession of firearm is prohibited under state or federal law, or in vehicles owned or leased by a public or private employer used by an employee in the course of his employment, or on property where access to the parking area is restricted or limited to the general public by a fence, gate, signage or other means if the employer or business entity provides facilities for the temporary storage of unloaded firearms or an alternative parking area reasonably close to the main parking area in which employees and other persons may store firearms within their vehicles.
SOURCES: La. Rev. Stat. Ann. §§ 14:91, 14:95; 14:95.1-8; 32:292.1, 40:1379.3; 40:1752-1754; 40:1781; 40:1796; 40:1799; 40:1803; 40:1810-1812
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