Abstract: Provides relative to the illegal carrying of weapons.
Present law (R.S. 14:95) provides for the crime of illegal carrying of weapons and provides for
penalties and exceptions.
Proposed law retains present law.
Present law (R.S. 14:95(A)) provides that the illegal carrying of weapons is any of the following:
(1) The intentional concealment of any firearm, or other instrumentality customarily used or
intended for probable use as a dangerous weapon, on one's person.
(2) The ownership, possession, custody, or use of any firearm, or other instrumentality
customarily used as a dangerous weapon, at any time by an enemy alien.
(3) The ownership, possession, custody, or use of any tools, or dynamite, or nitroglycerine, or
explosives, or other instrumentality customarily used by thieves or burglars at any time by
any person with the intent to commit a crime.
(4) The intentional possession or use by any person of a dangerous weapon on a school campus
during regular school hours or on a school bus. "School" means any elementary, secondary,
high school, or vo-tech school in this state and "campus" means all facilities and property
within the boundary of the school property. "School bus" means any motor bus being used
to transport children to and from school or in connection with school activities.
Proposed law retains present law and adds that the intentional possession or use of a dangerous
weapon by any person in any of the following locations constitutes the crime of illegal carrying of
weapons:
(1) A law enforcement office, station, or building.
(2) A detention facility, prison, or jail.
(3) A courthouse or courtroom, provided that a judge may carry such a weapon in his own
courtroom.
(4) The state capitol building.
Proposed law provides that the crime of illegal carrying of weapons does not apply to a peace officer
as defined by present law (R.S. 40:2402(3)) in the performance of his official duties.
(Adds R.S. 14:95(A)(5))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Make technical changes.
2. Provide that the crime of illegal carrying of weapons includes the intentional possession
or use of a dangerous weapon by any person in any of the following locations:
(a) A law enforcement office, station, or building.
(b) A detention facility, prison, or jail.
(c) A courthouse or courtroom, provided that a judge may carry such a weapon in his
own courtroom.
(d) The state capitol building.
3. Clarify that the crime of illegal carrying of weapons does not apply to a peace officer as
defined by present law in the performance of his official duties.

Statutes affected:
HB823 Original: 40:3(N)