Doc added***FL permits no longer honored in LA....it's official.

[Nolacopusmc]

The State Police have stated what their interpretation of the law is, however, LSP does not have the final say in the matter. Until a court convicts someone carrying with a Florida permit, the LSP opinion is not final


Louisiana Revised Statutes, 40:1379.3 T. Reads:

T.(1) Possession of a current and valid concealed handgun permit issued pursuant to this Section shall constitute sufficient evidence of the background check required pursuant to 18 USC 922(t). A current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states. An out-of-state permit holder carrying a concealed handgun pursuant to this Paragraph is bound by the laws of this state regarding carrying a concealed handgun pursuant to a permit issued in accordance with this Section.
(2) A nonresident concealed handgun permit issued by another state is invalid in the state of Louisiana if issued to an individual who is a resident of this state has been denied a handgun permit or has been issued a handgun permit which is under revocation or suspension.
(3) The deputy secretary for public safety services shall also have the authority to enter into reciprocity agreements with other states so that full-time active peace officers commissioned in another state shall have the same authority as a person issued a concealed handgun permit pursuant to this Section to carry a concealed handgun while in this state, regardless of whether or not they are in the official discharge of their duties, and full-time active law enforcement officers commissioned in this state shall have the authority to carry a concealed handgun in those states whether or not they are in the official discharge of their duties. An out-of-state law enforcement officer carrying a concealed handgun pursuant to this Paragraph is bound by the laws of this state regarding carrying a concealed handgun pursuant to a permit issued in accordance with this Section.

It is clear to me that agreements between states are only one way that out of state permits can be valid. The other avenue remains simple recognition of our permits by another state.

I'd play it safe by advising all LA residents to get a Louisiana permit ASAP, but to panick under the the idea that the state police can dictate policy which directly counters the law as written by the legislature is not called for. Even if a judge interprets the LSP edict to be correct, a typical fine would be $100.

Where in any of that does it say they have to recognize anything? They can make whatever rules they want. It is a PRIVILEGE.

 

[Louisiana Shooter]

Your whacked.

they have a signed reciprocity agreement with each state. What you listed is the statute that allows them to enter into those agreements. the agreements have changed. It is not an opinion.

Where in the statute does it say permits are only recognized by agreements? It doesn't. It simply says that we will recognize permits from states that recognoze our permits.

I'll tell you what, I'll come to NO and carry under my FL permit and you can try to arrest me and we'll make some case law. You know you are wrong. You are just trying to bully people.

 

[Louisiana Shooter]

Where in any of that does it say they have to recognize anything? They can make whatever rules they want. It is a PRIVILEGE.

The police cannot make whatever rules that they want. Once again, you are wrong. The police have to follow the rules made by the legislature. Why didn't Reavis put it in writing that Folrida non-res permits are invaild?

 

[kpm]

 

[pkett44]

Tried by twelve or carried by six. It's your decision! Old convict adage, I'd rather get caught with one than without one.

 

[Nolacopusmc]

Brannon,

You are once again misleading people in a back assward attempt to create demand for your courses. Just like you were wrong when you said people needed permits to carry in their cars, you are wrong when you assert that LA residents with valid Fl permits need LA permits to carry here. Recognition of out of state permits occurs by both reciprocal agreements and by statute and is valid either way. LSP cannot change that. Can they recommend that the legislature make changes? Sure, anybody can do that, but the things on the LSP wish list will not become effective until ratified by the legislature.

Whatever. Take your meds. Also please continue to help me build my libel case against you.

 

[SeventhSon]

 

[geauxshootin]

Number 2 on the letter attached to this post says that ..."valid permit / license as defined by statute of respective states..."

If the statute has not yet been changed - even though I believe it will soon - then the statute definition is still the ONE. The Statute is the law.
Lousiana Shooter has a valid point

 

[Louisiana Shooter]

I'll put my money where my mouth is. While I still recommend that every LA resident get a Louisiana Permit:

I pledge $100 to pay the fine of any Louisiana resident who holds a valid Florida permit and suffers a conviction under LRS 14:95.(1) for carrying and concealing a weapon in an incident where there is no conviction for an acconpanying violent crime.

 

[Louisiana Shooter]

The change to LRS 40:1379.3 (T) which provided for recognition of out of state permits outside of reciprocal agreements was made in 2004 by Senate Bill # 837 by Senator Cain et al.

The bill was passed by the legislature and became law as Act # 470 of 2004 when it was signed by the governor.

Source : http://www.legis.state.la.us/leg_docs/04RS/CVT2/OUT/0000LVEK.PDF

Text:

1 AN ACT
2 To amend and reenact R.S. 40:1379.3(T)(1), relative to concealed weapons; to provide for
3 reciprocity with other states which have concealed weapons laws; and to provide for
4 related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:1379.3(T)(1) is hereby amended and reenacted to read as follows:
7 §1379.3. Statewide permits for concealed handguns; application procedures;
8 definitions
9 * * *
10 T.(1) Possession of a current and valid concealed handgun permit issued
11 pursuant to this Section shall constitute sufficient evidence of the background check
12 required pursuant to 18 USC 922(t).
A current and valid concealed
16 handgun permit issued by another state shall be deemed to be valid within this state
17 and possession of if a current and valid concealed handgun permit issued by

SB NO. 837 ENROLLED
Page 2 of 2
CODING: Words in struck through are deletions from existing law; words
underscored and boldfaced are additions.

1 Louisiana is valid in those states. An out-of-state permit holder
2 carrying a concealed handgun pursuant to this Paragraph is bound by the laws
3 of this state regarding carrying a concealed handgun pursuant to a permit issued in accordance with this Section.

 

[Doug.38PR]

what the hell is going on? I get this E mail notice that "it's official" that Florida non-resident permits (which I have) are no longer valid in Louisiana. Yet I am not able to find in the original post why that is exactly?
Why did, if they did indeed do this, they reverse this? What's the problem. I thought LA and FL already had reciprocity agreements. Does this letter agreement nullify previous ones?
For right now, I'm okay as I am technically still a Texas resident with a Texas and Florida CHL. I was planning to transfer both when I officially moved (Texas now allows for out of state residences).
Some of these posts in here seem to indicate that the report of FL. CHLs being non valid is bogus.
I posed this question several months ago as my neighbor in Louisiana's CHL instructor told him they were not good and everybody in here said the guy was wrong.

 

[Louisiana Shooter]

what the hell is going on? I get this E mail notice that "it's official" that Florida non-resident permits (which I have) are no longer valid in Louisiana. Yet I am not able to find in the original post why that is exactly?
Why did, if they did indeed do this, they reverse this? What's the problem. I thought LA and FL already had reciprocity agreements. Does this letter agreement nullify previous ones?
For right now, I'm okay as I am technically still a Texas resident with a Texas and Florida CHL. I was planning to transfer both when I officially moved (Texas now allows for out of state residences).
Some of these posts in here seem to indicate that the report of FL. CHLs being non valid is bogus.
I posed this question several months ago as my neighbor in Louisiana's CHL instructor told him they were not good and everybody in here said the guy was wrong.

It is very confusing because LSP is interpreting the law as is was before Act 470 of the 2004 legislature. Before that act became law, recognition of out of state permits was by formal reciprocal agreement only. Since that act, LA law has simply recognized permits issued by states that recognized LA permits, without the need for formal agreements.

Now, LSP is trying to revert back to recognition only by and as described within reciprocal agreement without any acquescience by the legislature. Some members of this board who fancy themselves as law enforcement officers believe that it is the cops who make the rules. We will see how it turns out.

 

[diat150]

I believe LAshooter has made a very good point. I dont have a dog in this fight but it seems that until the legislature revises the statute that it should still be legal to use the florida permit.

 

[Storm52]

Act 470 removed the Deputy Secretary of Public Safety authority to enter into reciprocal agreements and replaced it with words to the effect that if states recognize Louisiana, Louisiana will automatically recognize those other state's permits.
Unless the legislation has been subsequently ammended since 2004, the Deputy isn't authorized nor needed on Louisiana's end. The Act 470 appears to eliminate the need for the Deputy to enter into or exit from reciprocal agreements and paper trail associated with ammending reciprocal agreements. I read this as if State A recognizes Louisiana permits, then Louisiana automatically recognizes State A's permits. An agreement or letter of understanding isn't necessary. Since Florida issues resident and non-resident permits, those permits are automatically recognized. There isn't any wording on permit type (res vs non-res) but there probably wasn't awareness or thought about non-resident permit availability or it being an issue.
I don't have a dog in this fight as I applied and was issued a La permit. I do have several friends that took the same CHP class and elected to go with Florida non-resident permits. In fact, out of the 20 in the class, I was the only 1 to go Louisiana.
The Deputy is allowed to enter into reciprocal agreements with other states pertaining to non-resident law enforcement personnel in Louisiana having the same authority to carry concealed as Louisiana residents have with their permits.

 

[Louisiana Shooter]

One would hope that the legislature would resolve this issue by making getting a LA permit as attractive to people as getting the FL permit. We can be sure that LSP will be lobbying the legislature for changes next year. Please resolve to contact your reps so the changes will be improvements.

 

[JBP55]

I got my CHP when La. started issuing same and was encouraged to get the Fla. permit but I chose to support the state where I reside. If your permit from Fla. in found to be invalid you can easily get a La. CHP. I just do not see where it is an issue for so many arguments.

 

[Louisiana Shooter]

I got my CHP when La. started issuing same and was encouraged to get the Fla. permit but I chose to support the state where I reside. If your permit from Fla. in found to be invalid you can easily get a La. CHP. I just do not see where it is an issue for so many arguments.

People who have FL permits that are good for 3 or 4 more years don't like the idea of having to spend over a hundred bucks to apply for a Louisiana permit right now. $100 is a lot of money that would likely be better spent on practice ammo than permit fees.

 

[Snookie]

Getting it in the END

People who always try to end around situations to gain more usually get it stuck in their END.
Seems to me what happened here.
Nothing in God's world happens by mistake!

 

[mnop308]

My wife is UPSET about this, with no public notice and all. Talked about it with our ADA and felonly PDO this afternoon after court. They were surprised too. Will be looking to get my better half into a new class for LA permit ASAP. PDO advised several attorneys were in most recent CCW class to replace the FL permits. Thanks for the blanket E-mail.

 

[Nolacopusmc]

People who have FL permits that are good for 3 or 4 more years don't like the idea of having to spend over a hundred bucks to apply for a Louisiana permit right now. $100 is a lot of money that would likely be better spent on practice ammo than permit fees.

You are an instructor correct?