Senate Bill No. 256, introduced by Senator Carter, aims to amend the laws regarding the carrying of concealed handguns in Louisiana by establishing a new legal framework for prohibiting certain individuals from carrying concealed weapons without a permit. The bill enacts Code of Criminal Procedure Article 67, which allows a district attorney or assistant district attorney to petition a district court for an order to prohibit a person from carrying a concealed weapon if there is probable cause to believe that the individual poses a risk of imminent personal injury to themselves or others, owns firearms, and has those firearms within a specified location. The petition must be supported by an independent investigation and sworn affidavit, and the court will consider various factors, including past threats or acts of violence, in determining whether to issue the order.
Additionally, the bill introduces R.S. 14:95(O), which clarifies that the exemption to the crime of illegal carrying of weapons does not apply to individuals who are prohibited from lawfully purchasing or possessing a weapon or who are subject to a court order as outlined in the new Article 67. The proposed law establishes a process for the court to issue, extend, or terminate such orders, including reporting to the Louisiana Supreme Court for inclusion in the National Instant Criminal Background Check System. The bill is set to take effect on July 4, 2024.