Constitutional Carry has come to Louisiana: What you need to know

Published 10:00 am Friday, July 5, 2024

July 4th marked the official start of permitless carry in Louisiana, also known as Constitutional Carry, which allows all law-abiding residents the right to carry a concealed weapon on their person without a permit.

The change marks a major shakeup in concealed weapon regulations, moving concealed carry laws into alignment with the previous laws surrounding open carry. Louisiana is now the 28th state to allow permitless carry.

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With drastic legal changes comes opportunities to misunderstand and misapply the law, so despite their being no training required to carry a weapon, many reputable instructors in the firearms industry still recommend taking a class to familiarize yourself with both the law and your weapon.

Here are just a few points of emphasis to go over before you strap on a pistol and walk out the door.

What does the law say and what does it do?

The language of the law doesn’t just apply to handguns. As written, Section M of the updated R.S. 14:95 exempts any person who is both 18 years or older and not prohibited from possession of a firearm from the crime of illegal carrying of weapons. This means that anyone who is legally able to conceal a firearm can also conceal any other type of weapon upon their person. However, carrying a firearm does impose several additional restrictions that must be followed.

How am I allowed to carry a firearm?

Open carry, or the display of a firearm on a person, has been legal in Louisiana for decades and still continues to be. Concealed carry, usually under clothing or in a bag, is now also legal for those who meet the requirements. The state has set no training requirements or limitations on what firearms can be carried concealed. Many instructors recommend a modern handgun with robust safety features that is carried in a holster that provides full protection and coverage of the trigger.

Does Louisiana still have a concealed carry permit? Should I get one?

Yes, Louisiana still offers a concealed carry permit issued by the Louisiana State Police. The permit offers several advantages over permitless carry, including reciprocity with almost 40 other states.

Another advantage of a concealed carry permit pertains to school zones. State and federal law both prohibit open carry and permitless carry within 1,000 feet of a school zone, with an exception made for those who are carrying a concealed weapon with a concealed carry permit. Since the 1,000-foot gun free zone extends in all directions from each school, much of what would be considered by a layman to be an acceptable location to carry is technically illegal. Illegally carrying a weapon inside of a gun free zone is a felony in Louisiana, making a carry permit an attractive option for those who plan to carry on a regular basis.

What restrictions must I follow when carrying a weapon?

As mentioned above, there are several places that you still aren’t allowed to carry a firearm under the new law, and several situations that can turn lawful carry into a crime. Below are some of the restrictions that you should be aware of.

A. You cannot carry under the influence of alcohol or a controlled dangerous substance (including prescription drugs). For the purposes of concealed carry, the maximum blood alcohol concentration allowable is 0.05, lower than for driving. (La R.S. 40:1379.3 I(1))

B. If a law enforcement officer approaches you in an official manner or with an official purpose, you must inform the officer that you are carrying a concealed handgun, and, if the officer chooses to, you must submit to a pat down and be temporarily disarmed for the duration of the encounter. (La R.S. 40:1379.3 I(2))

C. You cannot carry a concealed handgun in any of the following prohibited locations from the Concealed Handgun Statute. (La R.S. 40:1379.3 M, N, and O):

(1) A law enforcement office, station, or building.

(2) A detention facility, prison, or jail.

(3) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.

(4) A polling place.

(5) A municipal building or other public building or structure, only if the building or structure is utilized as the meeting place of the governing authority of a political subdivision.

(6) The state capitol building.

(7) Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage.

(8) Any church, synagogue, mosque, or other similar place of worship, unless authorized by the person who has authority over the administration of the church, synagogue, mosque, or other similar place of worship.

(9) A parade or demonstration for which a permit is issued by a governmental entity.

(10) Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit to sell alcoholic beverages for consumption on the premises (in short, a bar and some other places)

(11) Any school, school campus, or school bus as defined in R.S. 14:95.6.

(12) in the private residence of any person without first receiving their permission.

(13) any other place where the carrying of firearms is prohibited by the lawful custodian of the property (i.e., posted “no guns” signs).

(14) any place where the carrying of Firearms is prohibited by federal law.

D. You also cannot carry in a school zone which is prohibited for open carry, but not for permitted carriers, as will be discussed in the next section. A School Zone is defined as within 1000 feet of any school. La R.S. 14:95.2 and 95.6

SB214 was passed shortly after the constitutional carry bill, allowing concealed carry in locations that sell alcohol for consumption on the premises, including restaurants. Violation of any of the above laws falls under the crime of illegal carrying of weapons, and carries a stiff penalty