Louisiana State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at at 18 U.S.C. § 921 et seq . Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Louisiana, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Louisiana has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Louisiana Revised Statutes Annotated § 14:95.1(A) provides that, subject to certain exceptions, no person shall possess a firearm (or carry a concealed weapon) if he or she has been convicted of:

• A felony "crime of violence" (see § 14:2(B)), various types of burglary, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, felony violations of the Uniform Controlled Dangerous Substances Law, any crime defined as a sex offense (see § 15:541(14.1)); or

• Any crime defined as an attempt to commit one of the above-mentioned offenses, or a crime under the laws of any other state or of the United States or of any foreign government or country which, if committed in Louisiana, would be one of the above-enumerated crimes.

In addition, persons convicted of domestic abuse battery for the first or second time cannot receive a suspended sentence unless they refrain from owning or possessing a firearm for the entire length of the original sentence. Section 14:35.3(C), (D).

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks, although federal and state purchaser prohibitions still apply. See the Louisiana Private/Secondary Sales section.

No relevant statutes currently exist.

Possession Restrictions

Louisiana prohibits any person from carrying a firearm, openly or concealed, on school property, at a school-sponsored function, or in a "firearm-free zone" (which includes a school campus, an area within 1,000 feet of a school campus, and inside a school bus). La. Rev. Stat. Ann. §§14:95.2, 14:95.6. The term "school" includes any elementary school, secondary school, high school, vocational-technical school, college or university. Section 14:95.2(B)(1).

Section 14:95.5 prohibits any person from intentionally carrying a firearm, openly or concealed, while on the premises of an alcoholic beverage outlet, which includes any commercial establishment in which alcoholic beverages are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

In addition, Louisiana prohibits any person from introducing or attempting to introduce a firearm into or upon the grounds or buildings of any state-owned hospital. Section 14:402.1(A). Firearms are also generally prohibited in state wildlife management areas. La. Admin. Code tit. 76, § III.101(D).

Finally, Louisiana prohibits the "negligent carrying of a concealed handgun," which applies regardless of whether a person is licensed under state law. La. Rev. Stat. Ann. § 40:1382(A). Section 40:1382(A) also prohibits any person from carrying a concealed handgun, intentionally or with criminal negligence:

• When it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge; or

• When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.

Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.

Concealed Weapons Licensing Requirements

Louisiana is a “shall issue” state, meaning that the Department of Public Safety and Corrections (“Department”) must issue a concealed handgun permit if the applicant meets certain qualifications. La. Rev. Stat. Ann. § 40:1379.3(A)(1). Pursuant to section 40:1379.3(C), applicants must:

• Have been a resident of Louisiana for at least six months;

• Be 21 years of age or older; and

• Be eligible to possess a firearm under 18 U.S.C. 922(g).

In addition, pursuant to section 40:1379.3(C), 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 "crime of violence" (see § 14:2(B)) 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;" and

• Have a history of engaging in violent behavior. There shall be 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" (see § 14:2(B)), or has on two or more occasions been arrested for or charged with any crime of violence punishable by death.

The Department shall 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.”  Section 40:1379.3(K).

The applicant must also demonstrate competence with a handgun, usually by completing a specified course or class. Section 40:1379.3(D). No permittee may carry a concealed handgun while under the influence of alcohol or a controlled dangerous substance. Section 40:1379.3(I)(1).

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). Section 40:1379.1(G), (H). Permits issued by the deputy secretary of the Department may also be subject to certain "restrictive stipulations." Section 40:1379.1(H).

Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under sections 40:1379.1, 40:1379.3, and 14:95.1.

The fee for a concealed handgun permit may not exceed $100. Section 40:1379.3.1(A)(1). An additional fee of $50 may be assessed to cover costs associated with the background check of any individual who resided outside of the state of Louisiana at any time during the previous 15 years. Id. These fees are reduced by half for applicants 65 years of age or older. Section 40:1379.3.1(A)(2).

Anyone who carries and conceals a handgun in violation of Louisiana’s concealed handgun permitting provisions, unless authorized to do so by another provision of the law, shall be fined up to $500, imprisoned up to six months, or both. Sections 40:1379.1(M), 40:1379.3(L).

          Disclosure or Use of Information

Louisiana does not allow personal application or permit information of concealed handgun permit holders to be made public. Section 40:1379.3(A)(2)(b).  However, the Department may provide statistical information which does not identify individual applicants or permittees. Id.

The Department must submit a report by March 31st of each year to the Legislature relative to concealed handgun permits. Section 40:1379.3(R)(2). 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. Id. The report must also include data concerning any known accidents or deaths involving permittees. Id.

          Duration & Renewal

Concealed handgun permits are issued for a term of up to four years. Section 40:1379.3(H)(2). A permit may be renewed no later than 60 days after its expiration after submission of a renewal application and payment of a $100 fee. La. Admin. Code tit. 55, § I.1307(D).

          Location Limits

No concealed handgun permit is valid or entitles any permittee to carry a concealed weapon in any facility, building, location, zone, or area in which firearms are banned by state or federal law. Section 40:1379.3(M). In addition, section 40:1379.3(N) provides that no concealed handgun may be carried in any of the following:

• A law enforcement office, station, or building;

• A detention facility, prison, or jail;

• A courthouse or courtroom, provided that a judge may carry such a weapon in his or her own courtroom;

• A polling place;

• A meeting place of the governing authority of a political subdivision;

• The state capitol building;

• 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;

• Any church, synagogue, mosque, or other place of worship;

• A parade or demonstration for which a permit is issued by a governmental entity;

• Any portion of the permitted area of an establishment that has been granted a permit to sell alcoholic beverages for consumption on the premises; or

• Any school "firearm-free zone," which generally includes a school campus, any area within 1,000 feet of a school campus, and within a school bus (see § 14:95.6).

Any person who carries a concealed firearm used in the commission of a crime of violence within 1,000 feet of any permitted parade or demonstration will be fined up to $2,000 and/or imprisoned for a period of time between one and five years. Section 14:95.2.1.

Section 40:1379.3(N) does not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access to a person possessing a concealed handgun pursuant to a valid permit.  Section 40:1379.3(O).  No permittee may carry a concealed handgun into the private residence of another without first receiving the consent of that person.  Id.

Concealed weapons permit holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions subsection above for further information.

          Reciprocity

A valid concealed handgun permit issued in another state is deemed valid in Louisiana if it was issued by a state that recognizes Louisiana concealed handgun permits. Section 40:1379.3(T).

           Brady Exemption

Louisiana Revised Statutes Annotated § 40:1379.3(T) states that concealed handgun permit holders in Louisiana are exempt from federal background checks when purchasing a firearm. However, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act, concealed weapons permit holders in Louisiana are not exempt from background checks when purchasing a firearm. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

No relevant statutes currently exist.

Louisiana does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Louisiana Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Louisiana Background Checks section.

In addition, upon first engaging in business, a dealer, manufacturer or importer of short barrel shotguns and rifles, shotguns or rifles modified to have an overall length of less than 26 inches, concealable firearms with obliterated serial numbers, machine guns, and a muffler or silencer for any firearm, must register with the Department of Public Safety and Corrections ("Department"). La. Rev. Stat. Ann. §§ 40:1781, 40:1787. The dealer, manufacturer or importer must provide his or her name and all places of business within the state. Each dealer, manufacturer or importer of these firearms must identify the firearm with an identification mark approved by the Department, and keep records of the transactions in these specified firearms as required by the Department. Sections 40:1788, 40:1789.

Number of Federally Licensed Firearms Dealers

There are 1,102 federally licensed firearms dealers and pawnbrokers in Louisiana. Federal firearms licensee totals for Louisiana as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

No relevant statutes currently exist.

See the Louisiana Private/Secondary Sales section for state laws that apply at gun shows.

In 1999, Louisiana adopted two statutes providing immunity to the firearms industry. The first statute, Louisiana Revised Statutes Annotated § 40:1799, states that:

A.  The governing authority of any political subdivision or local or other governmental authority of the state is precluded and 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.

B.  This Section shall not prohibit the governing authority of a political subdivision or local or other governing authority of the state from bringing an action against a firearms or ammunition manufacturer, trade association, or dealer for breach of contract as to firearms or ammunition purchased by the political subdivision or local authority of the state.

The second statute, section 9:2800.60, declares that the Louisiana Products Liability Act was not designed to impose liability on a manufacturer or seller for the improper use of a properly designed and manufactured product, and that the manufacture and sale of firearms and ammunition by duly licensed manufacturers and dealers is a lawful activity that is not unreasonably dangerous. 

Section 9:2800.60 also provides that no firearm manufacturer or seller shall be liable for:

• Any injury, damage, or death resulting from a shooting injury by any other person unless the claimant proves that such injury, damage, or death was proximately caused by the unreasonably dangerous construction or composition of the product as provided in section 9:2800.55;

• The actions of any person who uses a firearm in a manner which is unlawful, negligent, or otherwise inconsistent with the purposes for which it was intended, so long as the firearm was transferred in compliance with federal and state law; or

• Failing to warn users of the risk that:

• A firearm has the potential to cause serious bodily injury, property damage, or death when discharged legally or illegally;

• An unauthorized person could gain access to the firearm;

• A cartridge may be in the chamber of the firearm; or

• The firearm is capable of being fired even with the ammunition magazine removed.

In addition, the failure of a manufacturer or seller to ensure that a firearm has a device which would: 1) make the firearm useable only by the lawful owner or authorized user of the firearm; 2) indicate to users that a cartridge is in the chamber of the firearm; or 3) prevent the firearm from firing if the ammunition magazine is removed, shall not make the firearm unreasonably dangerous, unless such device is required by federal or state statute or regulation. Section 9:2800.60(D).

Morial v. Smith & Wesson Corp., 00-1132 (La. 04/03/01); 785 So. 2d 1, was a lawsuit brought by New Orleans against firearms manufacturers, retailers, distributors, and trade associations to recover damages for the provision of city police, medical, and emergency services required due to defendants’ practices related to the manufacture, marketing, promotion, and sale of unreasonably dangerous firearms. The Supreme Court of Louisiana held that sections 40:1799 and 9:2800.60, both enacted after the lawsuit was initially filed, were reasonable exercises of the state’s police power, and could be applied retroactively to immunize the gun industry defendants. Morial, 00-1132, p. 31 (La. 04/03/01); 785 So. 2d 1, 16.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Louisiana does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Louisiana’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Louisiana Unfair Trade Practices and Consumer Protection Law, La. Rev. Stat. Ann. § 51:1405. For details, view the Center’s report, Targeting Safety.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Louisiana Revised Statutes Annotated § 14:95.8(A) generally prohibits a juvenile (a person under 17 years of age) from knowingly possessing any handgun. Section 14:95.8(C) excepts a juvenile from this prohibition if he or she is:

• Attending a hunter's safety course or a 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 pursuant to the laws of Louisiana;

• Traveling to or from any of the above activities while in possession of an unloaded gun;

• On real property with the permission of his or her parent or legal guardian and with the permission of the owner or lessee of the property;

• At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun; or

• Possessing a handgun with the written permission of such person's parent or legal guardian, provided the person carries on his or her person a copy of such written permission.

There is no minimum age to possess rifles and shotguns in Louisiana.

Louisiana Revised Statutes Annotated § 14:91(A) prohibits any person from selling or otherwise delivering for value any firearm to a person under age 18. Lack of knowledge of the minor's age is not a defense. Id.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Louisiana, although federal and state purchaser prohibitions still apply. See the Louisiana Background Checks section.

Louisiana Revised Statutes Annotated § 14:91(A) prohibits sale or delivery for value of any firearm to a person under age 18. Lack of knowledge of the minor's age is not a defense to this prohibition. Id.

No person may knowingly make a firearm available to a patient of a mental institution. Section 28:183.

Pursuant to Section 14:95.1.1, persons are prohibited from giving, selling, donating, lending, delivering or otherwise transferring a firearm to a person he or she knows to be a convicted felon.

Short barrel shotguns and rifles, shotguns or rifles modified to have an overall length of less than 26 inches, concealable firearms with obliterated serial numbers, machine guns, and mufflers or silencers for any firearm must be registered with the Department of Public Safety and Corrections ("Department"). La. Rev. Stat. Ann. §§ 40:1781(3), 40:1783. Those wishing to transfer or acquire such devices must make a written application to the Department. Section 40:1784.

While the transfer, purchase and possession of machine guns are also sharply limited by sections 40:1752-1755, the other listed firearms are simply subject to the standard purchaser prohibitions outlined in the Louisiana Background Checks section.

The first violation of these provisions will result in a fine of $500 to $2,000, and imprisonment with or without hard labor for between one year and five years. Section 40:1791. Any subsequent violation will result in a fine of $2,000 to $5,000, and imprisonment at hard labor for between five and 10 years. Id.

No relevant statutes currently exist.