|
|
 |
NOTE:
For FAQs regarding Federal firearm laws,
click here (this includes shipping
firearms)
For FAQs regarding open carry of weapons,
click here
- Do firearms need to be registered?
Regular firearms that you would go and buy in a store do not need to be registered. However, Class III items do have to be registered with the State after being legally transferred via the proper forms and procedures with the BATFE. These include: a shotgun having a barrel of less than eighteen inches in length; a rifle having a barrel of less than sixteen inches in length; any weapon made from either a rifle or a shotgun if said weapon has been modified to have an overall length of less than twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, flame thrower, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition.
Application To Register As Firearms Dealer, Importer, Or Manufacturer
Application To Register Firearm - LA Revised Statutes, Title 40, Section 1783
Application To Transfer Firearm - LA Revised Statutes, Title 40, Section 1784 & 1787
- Are there restrictions on magazine size?
Not according to LA law.
- Who is prohibited from owning weapons?
Here is a list of Prohibited persons according to Federal law.
- Can I carry a firearm in my vehicle?
Yes.
- May I carry a weapon with a round in the chamber of my weapon?
Yes, and that is highly recommended by many knowledgeable people for tactical reasons.
- Does a weapon in my vehicle need to be visible or concealed?
Whichever you prefer, however, you need to be in possession of a CHP to have a handgun concealed on your person. It may be concealed off your person.
- Is it legal to buy or sell a firearm from an individual (non-FFL)?
Yes.
- Are machine guns legal to own?
Yes, provided they have been legally transferred to you and registered with the State (see FAQ number one)
- Are silencers, short barreled rifles, short barreled shotguns, etc. legal?
Yes, provided they have been legally transferred to you and registered with the State (see FAQ number one)
- Does a concealed handgun permit cover weapons other than a handgun?
Not according to LA law.
- Do I need to fill out a bill of sale for a firearm?
Not according to LA law. However, some people feel it is a good idea to have a record of their firearm's disposal, in case the firearm is ever used in a crime. This is entirely personal preference.
- Can residents or business legally prevent me from being armed on their property?
Property owners can rightfully prohibit people being on their property at their discretion. However, LA law does not specifically proscribe the manner in which firearms are to be prohibited. If you have notice that your firearm is not allowed, and you enter a premises anyway, you may be risking a trespassing, illegal carry of a concealed weapon or other charge.
- Am I required to to inform a law enforcement officer if I have a weapon in my home or car?
Only if it is being concealed under the authority of a State permit issued under LA RS 1379.3. However, many officers and citizens feel it is prudent to inform a detaining officer, especially if the officer might observe the weapon in the course of your interaction.
- How old do I have to be to buy firearms in Louisiana?
Eighteen years old for long guns, twenty-one years old for handguns or other firearms, if purchasing from a federally licensed dealer. You may buy a pistol or other firearm from a private individual at eighteen years of age.
- How old do I have to be to buy Ammunition?
Eighteen years old for long gun ammunition, twenty-one years old for handgun ammunition, if buying from a licensed dealer. You may buy pistol ammunition from a private individual at eighteen years of age.
- May I carry a firearm in my purse or backpack?
Only if you have a concealed handgun permit.
- Do I have to keep my firearms locked up or disassembled?
Not according to LA law.
- May I loan my firearms out to others?
Yes, provided that person is legally able to possess that weapon.
- Am I required to report a stolen firearm?
Not according to LA law. However, many consider it to be a good idea, in case the firearm is used in the commission of a crime, or in case the firearm turns up somewhere and may be returned.
- Is it legal to consume alcohol while in possession of a firearm?
Yes, unless you are carrying under the authority of a concealed handgun permit issued under LA RS 1379.3, in which case your permit is invalid if your blood alcohol content is above .05%. Many people do not consider drinking and carrying wise, though, regardless. Also, be aware that being stupid with a firearm while intoxicated may result in other penalties according to other statutes not specifically related to alcohol consumption.
- Is it legal to carry a weapon in school zones?
Only in certain circumstances. RS 14:95.2 (the school zone carry statute) says that carrying a weapon in school zones is only legal for:
(1) A federal, state, or local law enforcement officer in the performance of his official duties.
(2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.
(3) Any person having the written permission of the principal.
(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to RS 40:1379.1.
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
(6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.
(7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.
(8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.
Note about the nuances of this law:
This can be confusing, but this information is presented as it was provided to us. There is no set case law that LA Carry is aware of that allows for concealment of a firearm on public property within a school zone under the authority of a State Issue 40:1397.3 permit. HOWEVER, the only person we know of who was charged with carrying in a school zone with a permit had the charges dismissed. This was the result of an informal hearing (no transcript is available) which found that the law was worded ambiguously. The finding was based on the new permit and old permit being a part of the same section of law, and RS 14:95.2 referring to one of the Statutes in that section. This allowed, in the minds of those conducting the hearing, for enough reasonable doubt as to feel that the charge was not worth pursuing. The letter of the law is still not completely in our favor, and it would be better for the next person who might be charged with carrying in a school zone if this had been formally settled in case law (better yet would be if we could repeal the unconstitutional Gun Free School Zone law altogether), but there does seem to at least be unofficial precedent working in our favor.
What this means to you. as a State-recognized permit holder, is that it is reportedly the position of many in law enforcement and State government that they will not harass a citizen in possession of a valid State Concealed Handgun permit who is within a 1000' feet of a school zone, as long as they are not on school property. It is common practice for permit carriers to not get overly concerned about exactly where each of those thousands of one thousand foot zones are, especially since it would be nearly impossible to be aware of each and every one of them. While you could face a charge for violating the provisions of RS 40:1397.3 or RS 14:95.2, at least one person has gotten that charge dismissed. The best bet is to not let anyone know you are carrying if you are in a school zone. To our knowledge, there is not protection for those carrying openly in a school zone.
Also note that a handgun may be CLEARLY legally carried in a school zone under the authority of a concealed handgun permit issued under the authority of RS 40:1379.1. Federal law (see the Gun Free School Zone Notice) also allows for carry in a school zone in accordance with a permit issued according to State law that authorizes school carry. This is a different permit than most people get from the LSP CHP unit! These permits are issued first by your local Sheriff's Office. Many Sheriffs will not issue these, even though they are apparently supposed to according to statute. Some people have these permits, and legally carry in school zones with no ambiguity in regards to State law at all.
If you have any questions not covered here, please feel free to submit them.
