{
 "citation": "14:95",
 "heading": "Illegal carrying of weapons",
 "doc_id": "78739",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78739",
 "classification": "F",
 "enacted_year": "2018",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "B(1)",
   "text": "B.(1) Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "(2) Whoever commits the crime of illegal carrying of weapons with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than two years, or both.",
   "los_min": "1Y",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C",
   "text": "On a second conviction, the offender shall be imprisoned with or without hard labor for not more than five years.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D",
   "text": "On third and subsequent convictions, the offender shall be imprisoned with or without hard labor for not more than ten years without benefit of parole, probation, or suspension of sentence.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "E",
   "text": "If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while unlawfully in the possession of a controlled dangerous substance except the possession of fourteen grams or less of marijuana, or during the unlawful sale ",
   "los_min": "5Y",
   "los_max": "10Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": "If the offender uses"
  },
  {
   "subsection": "E",
   "text": "Upon a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than twenty years nor more than thirty years without the benefit of probation, parole, or suspension of sentence.",
   "los_min": "20Y",
   "los_max": "30Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:2",
  "14:30",
  "14:95.1",
  "17:1805",
  "40:1379.1.1",
  "40:1379.3",
  "40:1796",
  "40:2402"
 ],
 "text": "RS 14:95\n\n\u00a795. Illegal carrying of weapons\n\nA. Illegal carrying of weapons is any of the following:\n\n(1)(a) The intentional concealment of any firearm, or other instrumentality\ncustomarily used or intended for probable use as a dangerous weapon, on one's person.\n\n(b) The provisions of this Paragraph shall not apply to a person with a valid\nconcealed handgun permit issued pursuant to R.S. 40:1379.1.1, 1379.3, or 1379.3.2 nor shall\nit prohibit a person with a valid concealed handgun permit issued pursuant to R.S.\n40:1379.1.1, 1379.3, or 1379.3.2 from carrying a concealed firearm or other instrumentality\ncustomarily used or intended for probable use as a dangerous weapon on his person unless\notherwise prohibited by this Section.\n\n(2) The ownership, possession, custody, or use of any firearm, or other\ninstrumentality customarily used as a dangerous weapon, at any time by an enemy alien.\n\n(3) The ownership, possession, custody, or use of any tools, or dynamite, or\nnitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars\nat any time by any person with the intent to commit a crime.\n\n(4)(a) The intentional possession or use by any person of a dangerous weapon on a\nschool campus during regular school hours or on a school bus. \"School\" means any\nelementary, secondary, or high school, or vocational-technical school in this state and\n\"campus\" means all facilities and property within the boundary of the school property.\n\"School\" shall not mean a vocational-technical school that is privately owned. \"School bus\"\nmeans any motor bus being used to transport children to and from school or in connection\nwith school activities.\n\n(b) The provisions of this Paragraph shall not apply to:\n\n(i) A peace officer as defined by R.S. 14:30(B) in the performance of his official\nduties.\n\n(ii) A school official or employee acting during the normal course of his employment\nor a student acting under the direction of such school official or employee.\n\n(iii) Any person having the written permission of the principal or school board and\nengaged in competition or in marksmanship or safety instruction.\n\n(5)(a) The intentional possession or use of a dangerous weapon by any person in any\nof the following locations:\n\n(i) A law enforcement office, station, or building.\n\n(ii) A detention facility, prison, or jail.\n\n(iii) A courthouse or courtroom, provided that a judge may carry such a weapon in\nhis own courtroom.\n\n(iv) The state capitol building.\n\n(b) The provisions of this Paragraph shall not apply to a peace officer as defined by\nR.S. 40:2402 in the performance of his official duties.\n\nB.(1) Whoever commits the crime of illegal carrying of weapons shall be fined not\nmore than five hundred dollars, or imprisoned for not more than six months, or both.\n\n(2) Whoever commits the crime of illegal carrying of weapons with any firearm used\nin the commission of a crime of violence as defined in R.S. 14:2(B), shall be fined not more\nthan two thousand dollars, or imprisoned, with or without hard labor, for not less than one\nyear nor more than two years, or both. Any sentence issued pursuant to the provisions of this\nParagraph and any sentence issued pursuant to a violation of a crime of violence as defined\nin R.S. 14:2(B) shall be served consecutively.\n\nC. On a second conviction, the offender shall be imprisoned with or without hard\nlabor for not more than five years.\n\nD. On third and subsequent convictions, the offender shall be imprisoned with or\nwithout hard labor for not more than ten years without benefit of parole, probation, or\nsuspension of sentence.\n\nE. If the offender uses, possesses, or has under his immediate control any firearm,\nor other instrumentality customarily used or intended for probable use as a dangerous\nweapon, while committing or attempting to commit a crime of violence or while unlawfully\nin the possession of a controlled dangerous substance except the possession of fourteen\ngrams or less of marijuana, or during the unlawful sale or distribution of a controlled\ndangerous substance, the offender shall be fined not more than ten thousand dollars and\nimprisoned at hard labor for not less than five nor more than ten years without the benefit of\nprobation, parole, or suspension of sentence. Upon a second or subsequent conviction, the\noffender shall be imprisoned at hard labor for not less than twenty years nor more than thirty\nyears without the benefit of probation, parole, or suspension of sentence.\n\nF.(1) For purposes of determining whether a defendant has a prior conviction for a\nviolation of this Section, a conviction pursuant to this Section or a conviction pursuant to an\nordinance of a local governmental subdivision of this state which contains the elements\nprovided for in Subsection A of this Section shall constitute a prior conviction.\n\n(2) The enhanced penalty upon second, third, and subsequent convictions shall not\nbe applicable in cases where more than five years have elapsed since the expiration of the\nmaximum sentence, or sentences, of the previous conviction or convictions, and the time of\nthe commission of the last offense for which he has been convicted; the sentence to be\nimposed in such event shall be the same as may be imposed upon a first conviction.\n\n(3) Any ordinance that prohibits the unlawful carrying of firearms enacted by a\nmunicipality, town, or similar political subdivision or governing authority of this state shall\nbe subject to the provisions of R.S. 40:1796.\n\nG.(1) The provisions of this Section shall not apply to sheriffs and their deputies,\nstate and city police, constables and town marshals, or persons vested with police power\nwhen in the actual discharge of official duties. These provisions shall not apply to sheriffs\nand their deputies and state and city police who are not actually discharging their official\nduties, provided that such persons are full time, active, and certified by the Council on Peace\nOfficer Standards and Training and have on their persons valid identification as duly\ncommissioned law enforcement officers.\n\n(2) The provisions of this Section shall not apply to any law enforcement officer who\nis retired from full-time active law enforcement service with at least twelve years service\nupon retirement, nor shall it apply to any enforcement officer of the office of state parks in\nthe Department of Culture, Recreation and Tourism who is retired from active duty as an\nenforcement officer, provided that:\n\n(a) The retired officer has on his person valid identification as a retired law\nenforcement officer, which identification shall be provided by the entity that employed the\nofficer prior to his public retirement. This exception shall not apply to an officer who is\nmedically retired based upon any mental impairment.\n\n(b) The retired officer was properly certified by the Council on Peace Officer\nStandards and Training at the time of retirement, in accordance with R.S. 40:1379.3(D)(1)(f).\n\n(3)(a) The provisions of this Section shall not apply to active or retired reserve or\nauxiliary law enforcement officers qualified annually by the Council on Peace Officer\nStandards and Training and who have on their person valid identification as active or retired\nreserve law or auxiliary municipal police officers. The active or retired reserve or auxiliary\nmunicipal police officer shall be qualified annually in the use of firearms by the Council on\nPeace Officer Standards and Training and have proof of such certification.\n\n(b) For the purposes of this Paragraph, a reserve or auxiliary municipal police officer\nshall be defined as a volunteer, nonregular, sworn member of a law enforcement agency who\nserves with or without compensation and has regular police powers while functioning as such\nagency's representative, and who participates on a regular basis in agency activities including\nbut not limited to those pertaining to crime prevention or control, and the preservation of the\npeace and enforcement of the law.\n\n(4) The provisions of this Section shall not apply to any retired elected head of a law\nenforcement department, provided that he was qualified in the use of firearms by the Council\non Peace Officer Standards and Training at the time of retirement.\n\nH.(1) Except as provided in Paragraph (A)(4) of this Section and in Paragraph (2)\nof this Subsection, the provisions of this Section shall not prohibit active justices or judges\nof the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family\ncourts, city courts, federal courts domiciled in the state of Louisiana, and traffic courts;\nmembers of either house of the legislature; officers of either house of the legislature; the\nlegislative auditor; designated investigative auditors; constables; coroners; designated\ncoroner investigators; district attorneys and designated assistant district attorneys; United\nStates attorneys and assistant United States attorneys and investigators; the governor; the\nlieutenant governor; the secretary of state; the treasurer; the commissioner of agriculture; the\ncommissioner of insurance; the attorney general; designated assistant attorneys general; city\nprosecutors; designated assistant city prosecutors; a United States representative from\nLouisiana and his designated, employed congressional staffer; a United States senator from\nLouisiana and his designated, employed congressional staffer; justices of the peace; parish\npresidents; and mayor-presidents from possessing and concealing a handgun on their person\nwhen such persons are qualified annually in the use of firearms by the Council on Peace\nOfficer Standards and Training.\n\n(2) Nothing in this Subsection shall permit the carrying of a weapon in the state\ncapitol building with the exception of the following state officials if they are annually\nqualified in the use of firearms by the Council on Peace Officer Standards and Training:\n\n(a) The attorney general and members of his Louisiana Bureau of Investigation\nsecurity detail.\n\n(b) Members of the legislature.\n\nI. The provisions of this Section shall not prohibit the carrying of a concealed\nhandgun by a person who is a college or university police officer under the provisions of R.S.\n17:1805 and who is carrying a concealed handgun in accordance with the provisions of that\nstatute.\n\nJ. Repealed by Acts 2018, No. 341, \u00a72.\n\nK.(1) The provisions of this Section shall not prohibit a retired or former justice or\njudge of the supreme court, courts of appeal, district courts, parish courts, juvenile courts,\nfamily courts, city courts, or federal courts; former governor; former lieutenant governor;\nformer secretary of state; former treasurer; former commissioner of agriculture; former\ncommissioner of insurance; retired or former attorney general; retired or former assistant\nattorneys general; retired or former district attorneys; retired or former assistant district\nattorneys; retired or former United States attorneys, retired or former assistant United States\nattorneys, or retired or former federal investigators; retired or former justices of the peace;\nretired or former members of the United States Congress; and former members of either\nhouse of the legislature from possessing and concealing a handgun on their person, provided\nthat such retired person or former member of the legislature is qualified annually, at their\nexpense, in the use of firearms by the Council on Peace Officer Standards and Training and\nhas on their person valid identification showing proof of their status as a former member of\nthe legislature or as a retired or former justice, judge, governor, lieutenant governor, secretary\nof state, treasurer, commissioner of agriculture, commissioner of insurance, attorney general,\nassistant attorney general, district attorney, assistant district attorney, United States attorney,\nor assistant United States attorney or federal investigator, or retired justice of the peace. For\na former member of the legislature, the valid identification showing proof of status as a\nformer legislator required by the provisions of this Paragraph shall be a legislative badge\nissued by the Louisiana Legislature that shall include the former member's name, the number\nof the district that the former member was elected to represent, the years that the former\nmember served in the legislature, and words that indicate the person's status as a former\nmember of the legislature.\n\n(2) The retired or former justice, judge, governor, lieutenant governor, secretary of\nstate, treasurer, commissioner of agriculture, commissioner of insurance, attorney general,\nassistant attorney general, district attorney, assistant district attorney, justice of the peace, or\nformer member of the United States Congress or either house of the legislature shall be\nqualified annually in the use of firearms by the Council on Peace Officer Standards and\nTraining and have proof of qualification.\n\n(3) This Subsection shall not apply to a retired or former justice, judge, governor,\nlieutenant governor, secretary of state, treasurer, commissioner of agriculture, commissioner\nof insurance, attorney general, assistant attorney general, district attorney, assistant district\nattorney, United States attorney, assistant United States attorney or federal investigator,\nretired justice of the peace, or to a former member of the legislature or the United States\nCongress who is medically retired based upon any mental impairment, or who has entered\na plea of guilty or nolo contendere to or been found guilty of a felony offense.\n\n(4) For the purposes of this Subsection:\n\n(a) \"Retired assistant United States attorney\" or \"retired federal investigator\" means\nan assistant United States attorney or investigator receiving retirement benefits from the\nFederal Employees Retirement System.\n\n(b) \"Retired district attorney\" or \"retired assistant district attorney\" means a district\nattorney or an assistant district attorney receiving retirement benefits from the District\nAttorneys' Retirement System.\n\n(c) \"Retired United States attorney\" means a presidentially appointed United States\nattorney who separated from service in good standing.\n\nL. The provisions of Paragraph (A)(1) of this Section shall not apply to any person\nwho is not prohibited from possessing a firearm pursuant to R.S. 14:95.1 or any other state\nor federal law and who is carrying a concealed firearm on or about his person while in the\nact of evacuating during a mandatory evacuation order issued during a state of emergency\nor disaster declared pursuant to the Louisiana Homeland Security and Emergency Assistance\nand Disaster Act. For purposes of this Subsection, \"in the act of evacuating\" means the\nimmediate and urgent movement of a person away from the evacuation area within forty-eight hours after a mandatory evacuation is ordered. The forty-eight-hour period may be\nextended by an order issued by the governor.\n\nM. The provisions of Subparagraph (A)(1)(a) of this Section shall not apply to any\nperson who is eighteen years of age or older and is not prohibited from possessing a firearm\nunder R.S. 14:95.1, 18 U.S.C. 922(g), or any other state or federal law.\n\nN. Any person lawfully carrying a handgun pursuant to Subsection M of this Section\nshall be subject to the restrictions contained in R.S. 40:1379.3(I), (L), (M), (N), and (O).\n\nAmended by Acts 1956, No. 345, \u00a71; Acts 1958, No. 21, \u00a71; Acts 1958, No. 379,\n\u00a7\u00a71, 3; Acts 1968, No. 647, \u00a71; Acts 1975, No. 492, \u00a71; Acts 1986, No. 38, \u00a71; Acts 1992,\nNo. 1017, \u00a71; Acts 1993, No. 636, \u00a71; Acts 1993, No. 844, \u00a71; Acts 1994, 3rd Ex. Sess., No.\n143, \u00a71; Acts 1995, No. 636, \u00a71; Acts 1995, No. 930, \u00a71; Acts 1995, No. 1195, \u00a71; Acts\n1995, No. 1199, \u00a71; Acts 1997, No. 508, \u00a71; Acts 1997, No. 611, \u00a71; Acts 1997, No. 1064,\n\u00a71; Acts 1999, No. 738, \u00a71; Acts 1999, No. 924, \u00a71; Acts 1999, No. 953, \u00a71; Acts 2003, No.\n608, \u00a71; Acts 2003, No. 766, \u00a71; Acts 2006, No. 515, \u00a71; Acts 2006, No. 589, \u00a71; Acts 2008,\nNo. 172, \u00a71; Acts 2011, No. 159, \u00a71; Acts 2012, No. 302, \u00a71; Acts 2012, No. 383, \u00a71; Acts\n2014, No. 390, \u00a72; Acts 2014, No. 776, \u00a71, eff. June 19, 2014; Acts 2015, No. 176, \u00a71; Acts\n2015, No. 288, \u00a71; Acts 2016, No. 541, \u00a71; Acts 2016, No. 543, \u00a71; Acts 2018, No. 341,\n\u00a7\u00a71, 2; Acts 2018, No. 709, \u00a71; Acts 2020, No. 322, \u00a71; Acts 2021, No. 465, \u00a71; Acts 2022,\nNo. 126, \u00a71, eff. May 26, 2022; Acts 2022, No. 433, \u00a71; Acts 2022, No. 587, \u00a7\u00a71, 2; Acts\n2022, No. 602, \u00a71; Acts 2022, No. 680, \u00a71; Acts 2023, No. 257, \u00a71; Acts 2024, 2 nd Ex. Sess.,\nNo. 1, \u00a71, eff. July 4, 2024; Acts 2024, No. 6, \u00a7\u00a72, 3, eff. July 4, 2024; Acts 2024, No. 38,\n\u00a71; Acts 2024, No. 189, \u00a71; Acts 2024, No. 451, \u00a71; Acts 2024, No. 535, \u00a71, eff. July 4,\n2024; Acts 2025, No. 420, \u00a71."
}