Did Louisiana's retired-officer firearms exception cover an officer who retired from law enforcement in another state?

Plain-English summary

A legislator asked whether Louisiana's then-current retired law-enforcement firearms exception extended to officers who had served in another state and later lived in Louisiana. The Attorney General said yes. He read the statute's reference to “any” qualifying retired officer as making the place of prior service irrelevant.

The AG also identified conditions in the provision: at least 12 years of full-time law-enforcement service, valid retired-officer identification carried by the person, and annual firearms qualification in Louisiana through the Council on Peace Officer Standards and Training. This page describes the 2001 opinion only; later firearms law may differ.

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

Did retirement from an out-of-state agency disqualify an officer?
The AG said no. The statute he analyzed did not require the qualifying service to have occurred in Louisiana.

What service period did the opinion require?
The AG identified at least 12 years of full-time active law-enforcement service at retirement.

Could annual firearms qualification be completed outside Louisiana?
The opinion said the annual qualification had to occur in Louisiana through the Council on Peace Officer Standards and Training.

Was retired-officer identification required?
Yes. The AG said qualifying officers had to carry valid identification of their retired law-enforcement status.

Background and statutory framework

The opinion interpreted Louisiana R.S. 14:95(G)(2), an exception to the illegal-carrying provision as it existed in 2001. Its answer depended on the word “any” in the retired-officer language and on the other service, identification, and qualification requirements stated in the opinion.

Citations and references

• Louisiana R.S. 14:95(G)(2)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0141

Original opinion text

June 21, 2001
Opinion 01-141

Mr. Tony Perkins
Representative District 64
4686 Groom Road, Suite D
Baker, LA 70714

Dear Mr. Perkins:

Please be advised that the office of the Attorney General is in receipt of your opinion request regarding the following question:

Does Louisiana R.S. 14:95(G)(2) apply to out of state retired officers who now reside in Louisiana?

Louisiana R.S. 14:95(G)(2) states, “The provisions of this Section…shall not apply to any law enforcement officer who is retired from full-time active law enforcement service with at least twelve years service upon retirement…” There is no indication that the legislature intended to specify that the service be completed within the state of Louisiana. By including “any” law enforcement officer, it is the opinion of this office that service need not have been completed within this state.

Furthermore, there are other requirements in order to fall within this exception, namely, at least twelve years of service, valid identification as retired law enforcement on their person, and proof of annual qualification in the use of firearms. However, the annual qualification in the use of firearms must be completed within this state by the Council on Peace Officer Standards and Training.

It is the opinion of this office that any retired law enforcement is exempt from the illegal carrying of weapons, regardless of where the service was completed, provided that they have at least twelve years of service, have on their persons valid identification of such retirement, and annually qualify in the use of firearms within this state.

Page 2

Mr. Tony Perkins
OPINION #01-141
Page 2

I hope this opinion has been helpful. If I may be of further assistance, please do no hesitate to contact my office. With warmest regards, I remain

Very Truly Yours,

RICHARD P. IEYOUB
Attorney General

By:
JAMES L. PIKER
Assistant Attorney General

Page 3

Opinion #01-141
Louisiana Revised Statute 14:95(G)(2)

47-A FIREARMS & FIREWORKS
60 LAW OFFICERS

The Attorney General’s office is of the opinion that under La. R.S. 14:95(G)(2), any retired law enforcement is exempt from the illegal carrying of weapons, regardless of where the service was completed, provided that they have at least twelve years of service, have on their persons valid identification of such retirement, and annually qualify in the use of firearms within the state of Louisiana.

Mr. Tony Perkins
Representative District 64
4686 Groom Road, Suite D
Baker, LA 70714

Date Received:
Date Released: June 21, 2001

JAMES L. PIKER
ASSISTANT ATTORNEY GENERAL