La. Admin. Code tit. 55 § I-1309
Current through Register Vol. 50, No. 11, November 20, 2024
A. In accordance with R.S. 40:1379.3 and LAC 55:I:1301 et seq., a concealed handgun permit shall be issued as a prerequisite to carry a concealed handgun.B. A permit shall grant statewide authority to a permittee to carry and conceal on his person, in the manner prescribed by law and these rules, a handgun as defined by R.S. 40:1379.3(J)(1). A permit shall grant a permittee only the authority to carry a concealed handgun as a private citizen and grants no special authority to any citizen issued the permit.C. An applicant for a concealed handgun permit accepts the risk of adverse public notice, embarrassment, criticism or other action or loss that may result from action with respect to an application and expressly waives any claim for damages as a result thereof, except relating to willful misconduct by the department.D. Failure to meet and maintain the qualification requirements as required by law and these rules, shall result in the denial, suspension, or revocation of a concealed handgun permit.E. Any permit issued pursuant hereto shall automatically become invalid for any of the following reasons: 1. the permit is altered in any manner;2. the permit is lost or stolen;3. the permittee is carrying it while under the influence of alcoholic beverages or a controlled dangerous substance; or4. the permittee ceases to reside within this state.F. Any permit issued by the deputy secretary of the Department of Public Safety and Corrections shall be deemed to be the property of the department and shall be surrendered and returned to the department upon suspension, revocation or expiration, or when the permittee ceases to reside in the state.G. The following shall be mandatory grounds for revocation of a permit by the deputy secretary:1. The permittee fails to satisfy or maintain any one of the qualification requirements enumerated in the law or these rules.2. The permittee violates the provisions of R.S. 40:1379.3(I) or R.S. 40:1382.H. An otherwise lawful permit shall be considered automatically suspended and not valid while the permittee is under the influence of alcoholic beverages or a controlled dangerous substance. For purposes of these rules and the applicable law, a permittee shall be considered under the influence as evidenced by a blood alcohol reading of 0.05 grams percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964. If permittee is arrested for DWI (R.S. 14:98 provisions), the suspension of the concealed handgun permit is indefinite until the DWI is formally resolved with a dismissal, nolle prose, or if the permittee is found not guilty of DWI, or until admission into and completion of a district attorneys pre-trial diversion program. Permittee shall provide proof of official disposition by a certified copy from the court or the district attorneys Office.I. For any arrest whereby the crime is punishable by a penalty which is disqualifying, the permit shall become invalid by suspension and remain invalid until the official judicial disposition of the charge. The concealed handgun permit shall be returned to the Concealed Handgun Permit Office at Louisiana State Police within 15 days after notification from the Concealed Handgun Permit Office.J. The deputy secretary shall automatically suspend a permit for six months if a permittee fails to comply with the provisions of R.S. 40:1379.3(I)(2). La. Admin. Code tit. 55, § I-1309
Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 22:848 (September 1996), amended LR 38:1282 (May 2012), Amended LR 45583 (4/1/2019), Repromulgated LR 45680 (5/1/2019).AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1379.1, 40:1379.3, 40:1381, and 40:1382.