Did an elected Louisiana police chief need POST certification to patrol with a firearm?

Plain-English summary

Simmesport's mayor asked about training requirements for an elected police chief. The Attorney General read R.S. 40:2402's definition of “peace officer” as expressly excluding an elected head of a law enforcement department. He concluded that an elected chief was not required by law to hold POST certification to carry a firearm, or to meet academy physical fitness standards to patrol and carry a weapon.

The opinion also raised public safety concerns and said the chief himself should become proficient with firearms. That recommendation was separate from its conclusion about the statutory certification requirement.

Currency note

This opinion was issued in 2001. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was an elected chief a “peace officer” under the statute the AG applied?
No. The opinion said R.S. 40:2402 excluded an elected head of a law enforcement department from that definition for POST certification purposes.

Did the AG require POST certification before the elected chief carried a firearm?
No. The opinion said the elected chief did not have to hold that certification to carry a firearm.

What did the AG say about firearm proficiency?
He said public safety was at stake for officers who patrol and carry firearms, and that the chief should become proficient in their use.

Background and statutory framework

The opinion quoted R.S. 40:2402's definition of a peace officer and relied on its exclusion for elected or appointed law enforcement department heads. It also referred to the POST provisions in R.S. 40:2401, et seq. The resulting answer concerned an elected chief, not every law enforcement employee.

Citations and references

• R.S. 40:2402
• R.S. 40:2401, et seq.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0019

Original opinion text

February 5, 2001
OPINION 01-19

Honorable James T. Fontenot
Mayor
Town of Simmesport
Post Office Box 145
Simmesport, LA 71369

Dear Mayor Fontenot:

In response to your inquiry of recent date, note that R.S. 40:2402 defines “peace officer” as “any full-time employee of the state, a municipality, a sheriff, or other public agency whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department.”

The statute specifically does not include an elected chief of police as a “peace officer” for purposes of obtaining P.O.S.T. 1 certification under R.S. 40:2401, et seq. Thus, an elected chief of police is not required by law to hold P.O.S.T. certification to carry a firearm, nor is he required to meet the physical fitness standards imposed by a police training academy in order to patrol and carry a weapon.

We would suggest concerns regarding the public’s safety are at issue with respect to all those law enforcement individuals who patrol and carry firearms. It is incumbent upon the chief himself to become proficient in the use of firearms.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams
1
The term P.O.S.T. is the acronym for peace officer standards and training.

Page 2

Honorable James T. Fontenot
OPINION 01-19
Page 2

#01-19

77 OFFICERS

R.S. 40:2402

Elected chief of police is not a peace officer for purposes of obtaining minimum firearm qualifications as set forth by the Peace Officers Standard Training Council.

Honorable James T. Fontenot
Mayor
Town of Simmesport
Post Office Box 145
Simmesport, LA 71369

Date Received:
Date Released: February 5, 2001

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL