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Warning: Please note these paragraphs before proceeding:RS 40:1379.3
L. Anyone who carries and conceals a handgun in violation of any provision of this Section, unless authorized to do so by another provision of the law, shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
M. No concealed handgun permit shall be valid or entitle 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.
LouisianaCarry does not advocate carrying any firearms in violation of any Local, State or Federal Law.
Louisiana Concealed Handgun Permit Revocation- Just Causes
I have run into people who seem to have misconceptions in regards to when and why a CHP can be revoked. Since it is of interest to all CHP holders, I thought that I would post this info here in a condensed form, even though you can find this information for yourself in other places. Many people will tell you that the government can take your permit away for doing this or that… but, fortunately, the truth can be found by simply looking to the laws that authorize our permits. Take the time to read and understand these laws, and you will no longer be caught up by the winds of doctrine. Let me state that I am not a lawyer and that you should take this document as being presented for informational purposes only. You should consult a competent attorney in your area for specific information on how the law relates to you. I am simply a concerned citizen who enjoys spending time reading and discussing the law. I believe it is each of our responsibilities as citizens to educate ourselves on the laws that pertain to us. These laws have a current wording as of October, 2006.
If you would like to skip the legal jargon, the one-paragraph condensed version is at the end of this document.
Basically, there are three pertinent laws. Louisiana Revised Statutes Title 40 Article 1379.3; Louisiana Revised Statutes Title 40 Article 1382; and 18 USC Chapter 44 (Specifically Sec. 922).
First, let’s look at what qualifies you for a permit in the first place, as defined in RS 40:1379.3, Subpart C:
C. To qualify for a concealed handgun permit, a citizen shall:
(1) Make sworn application to the deputy secretary of public safety services of the Department of Public Safety and Corrections. The providing of false or misleading information on the application or any documents submitted with the application shall be grounds for the denial or revocation of a concealed handgun permit. The application shall reflect training in pistols, revolvers, or both. Any permittee under this Section shall notify the department of any address or name change within thirty days of the change. Failure to timely notify the department of a name or address change may result in suspension of the permit for up to thirty days.
(2) Agree in writing to hold harmless and indemnify the department, the state, or any peace officer for any and all liability arising out of the issuance or use of the concealed handgun permit.
(3) Be a resident of the state and have been a resident for six months or longer immediately preceding the filing of the application.
(4) Be twenty-one years of age or older.
(5) Not suffer from a mental or physical infirmity due to disease, illness, or retardation which prevents the safe handling of a handgun.
(6) Not be ineligible to possess a firearm by virtue of having been convicted of a felony.
(7) Not have been committed, either voluntarily or involuntarily, for the abuse of a controlled dangerous substance, as defined by R.S. 40:961 and 964, or been found guilty of, or entered a plea of guilty or nolo contendere to a misdemeanor under the laws of this state or similar laws of any other state relating to a controlled dangerous substance within a five-year period immediately preceding the date on which the application is submitted, or be presently charged under indictment or a bill of information for such an offense.
(8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic, within the five-year period immediately preceding the date on which the application is submitted, or at any time after the application has been submitted.
(9) Not have entered a plea of guilty or nolo contendere to or been found guilty of a crime of violence as defined in R.S. 14:2 at the misdemeanor level, unless five years have elapsed since completion of sentence or any other conditions set by the court have been fulfilled, or unless the conviction was set aside and the prosecution dismissed, prior to the date on which the application is submitted.
(10) Not have been convicted of, have entered a plea of guilty or nolo contendere to, or not be charged under indictment or a bill of information for any crime of violence or any crime punishable by imprisonment for a term of one year or greater. A conviction, plea of guilty, or plea of nolo contendere under this Paragraph shall include a dismissal and conviction set-aside under the provisions of Code of Criminal Procedure Article 893.
(11) Not be a fugitive from justice.
(12) Not be an unlawful user of, or addicted to, marijuana, depressants, stimulants, or narcotic drugs.
(13) Not have been adjudicated to be mentally deficient or been committed to a mental institution.
(14) Not be an illegal alien in the United States.
(15) Not 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". In the case of Commissioned Officers and Warrant Officers of the United States Armed Forces, the punishment of "Dismissal" rendered subject to a verdict of "guilty" at a trial by military court-martial is deemed to be disqualifying under this Paragraph. For the purposes of this Paragraph, the United States Coast Guard is considered an armed force.
(16) Not 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 a ten-year period immediately preceding the date of the application, the applicant has been arrested or charged on three or more occasions for any crime of violence as defined in R.S. 14:2(B), or has been arrested or charged on two or more occasions for any crime of violence that may be punished by death.
(17) Not be ineligible to possess a firearm under 18 USC 922(g).
As part (17) mentions, you must always comply with 18 USC 922(g):
(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;
(5) who, being an alien, is illegally or unlawfully in the
United States;
(6) who has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) who is subject to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime
of domestic violence,
to ship or transport in interstate or foreign commerce, or possess
in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
Now, let’s look at why your permit can be revoked once it is issued.
Subsection F is the first mention of revocation in 40:1379.3.
F.(1) The deputy secretary shall revoke the permit if at any time during the permit period the permittee fails to satisfy any one of the qualification requirements provided for in Subsection C of this Section.
(2) The deputy secretary shall revoke the permit for a violation of Subsection I of this Section or R.S. 40:1382.
In subsection I of 40:1379.3, we also see mention of just causes for revocation. RS 40:1379.3, Subsection I, Paragraph (3) states: [emphasis mine]
I. (3) The permit to carry a concealed weapon shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun under any of the following circumstances:
(a) The blood alcohol reading of a permittee is .05 percent or greater by weight of alcohol in the blood.
(b) A permittee's blood test or urine test shows the confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.
(c) A permittee refuses to submit to a department-certified chemical test when requested to do so by a law enforcement officer pursuant to Paragraph (2) of this Subsection.
(d) An individual is found guilty of negligent carrying of a concealed handgun as provided for in R.S. 40:1382.
We see from Subpart I. (3)(d) that we can not violate R.S. 40:1382, so let’s look at that Article:
§1382. Negligent carrying of a concealed handgun
A. Negligent carrying of a concealed handgun is the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun, under the following circumstances:
(1) When it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge.
(2) 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.
B. It shall be within the discretion of the law enforcement officer to issue a summons to a person accused of committing this offense in lieu of making a physical arrest. The seizure of the handgun pending resolution of the offense shall only be discretionary in the instance where the law enforcement officer issues a summons to the person accused. If the law enforcement officer makes a physical arrest of the person accused, the handgun and the person's license to carry such handgun shall be seized.
C. Whoever commits the offense of negligent carrying of a concealed handgun shall be fined not more than five hundred dollars, or imprisoned without hard labor for not more than six months, or both. The adjudicating judge may also order the forfeiture of the handgun and may suspend or revoke any permit or license authorizing the carrying of the handgun.
I was told by the Sgt. in charge [at the time, who has since been transferred] of the CHP unit of the LSP that Subsection A, Paragraph 2 gives him cause to revoke a permit for someone deciding to openly carry their firearm. I do not see this in the text, personally. I cannot imagine a court seeing a holstered weapon as being “brandished.” This has been discussed in greater detail here: Open carry w/ a CCW in Louisiana. Many people feel like they would rather not rock the boat and risk having to go through a legal battle, whether in or out of court. I am not one of those people. I believe in going to great lengths to strengthen our arms rights and privledges. If I am called upon to go through a legal affair, I shall consider myself among a couple hundred years of good company. Your situation is unique to you, and you will have to decide what risks are acceptable to you. In any event, be advised that you may be risking considerable complications if you open carry with a permit, however legal it may be. I encourage you to judge the appropriateness of any mode of carry carefully on a case by case basis. The law is based on a “reasonable apprehension” on the part of the public and LEOs, and it is up to a court to determine what is reasonable. You will likely want to err on the side of caution.
Ok, in English this time. J Obviously, you have to meet certain requirements to be qualified for a permit in the first place. You have to maintain those requirements. As long as you do not commit a crime (felony, domestic violence, etc.), or other act (changing State residency, etc.) that specifically disqualifies you from your said qualification, there are only a few other things that can cause your revocation, as I see it. Those things are:
- Carrying while under the influence (over .05% BAC).
- Having traces of a controlled dangerous substance in your body.
- Refusing to submit to a drug test by an LEO.
- Carrying negligently while concealing your weapon, as defined by:
- Causing a negligent discharge
- Brandishing, carrying or displaying the gun in a reasonably suspicious manner
Those are the only just causes I see.
PLEASE NOTE: There are many other things which a citizen cannot legally do (e.g. carrying into a private residence without the owner’s permission), but there is no wording that I can see which outlines revocation as a penalty for other offenses not outlined here. The general penalty for not observing the miscellaneous provisions of this statute are proscribed in section L., which outlines up to a $500 and/or six month incarceration penalty for offenses.
In His service,
Last edited 11-1-06 13:14
