Could a justice of the peace carry a concealed handgun in a courtroom held at home and exclude a permit holder’s gun?

Plain-English summary

A St. Charles Parish justice of the peace held court at his private residence and asked about concealed handguns there. In December 2015, the Attorney General concluded that he could carry a concealed weapon in his own courtroom if he met the annual firearms qualification in La. R.S. 14:95(H). The AG treated a justice of the peace as a judge for the courtroom exception in La. R.S. 40:1379.3(N)(3).

The AG also concluded that the justice could bar a concealed-carry permit holder from bringing a concealed handgun into the residence while it was used as a courtroom. The opinion pointed to the private-residence consent rule and property-holder authority in La. R.S. 40:1379.3(O). It expressly did not address openly carried firearms.

Currency note

This opinion was issued in 2015. 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 using a home as a courtroom take away the justice’s own carry authority?

The AG said no. It applied the statutory judge exception to a justice of the peace holding court in his private residence, subject to the annual qualification requirement.

Could a visitor rely on a concealed-carry permit to bring a handgun into that home courtroom?

The AG said the justice could prohibit that. It cited the statutory rule that a permit holder needed consent before carrying a concealed handgun into another person’s private residence.

Did the opinion decide whether openly carried firearms could be barred?

No. Its footnote expressly left open-carry questions outside the answer.

Background and statutory framework

La. R.S. 14:95(H) addressed a justice of the peace qualified annually in firearms use. La. R.S. 40:1379.3(N)(3) generally barred concealed handguns in courtrooms while recognizing a judge’s authority in the judge’s own courtroom; the AG applied that language to the justice of the peace. Subsection (O) addressed restrictions by private property holders and consent to enter a residence with a concealed handgun.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0138

Original opinion text

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DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
JAMES D. "BUDDY" CALDWEll
70804-9005
AITORNEY GENERAL

December 23,2015
OPINION 15-0138
47-A FIREARMS & FIREWORKS
The Honorable Darrell P. Chiasson
57 JUSTICES OF THE PEACE & CONSTABLES
Justice of the Peace
La. R.S. 14:95
District 4, Sl. Charles Parish
La. R.S. 40:1379.3
145 Dixie Drive
A justice of the peace, who is qualified annually in the use of
Des Allemands, LA 70030
firearms by the Peace Officer Standards and Training
Council, maycarry a concealed weapon in his own courtroom when court is being held at the justice of the peace's private residence.
Dear Mr. Chiasson:

You have requested an opinion of the Attorney General wherein you ask whether a justice of the peace may carry a concealed weapon in his own courtroom when the justice of the peace holds court at his private residence. Additionally, you would like to know if a justice of the peace may prohibit a concealed carry permittee from bringing a weapon into his residence when it is used as his courtroom. ' Your request has been assigned to me for reply.

In response to your first question, we turn your attention to La. RS. 14:95(H), which provides that a justice of the peace may carry a concealed weapon, provided he is qualified annually in the use of firearms by the Peace Officer Standards and Training Council.

Additionally, we must look at La. RS. 40:1379.3 to determine whether or not a justice of the peace may carry a concealed weapon in his private residence when the residence is being used as the justice of the peace courtroom. La. RS. 40:1379.3(N)(3) provides that no concealed handgun may be carried into, and no concealed handgun permit issued, shall authorize or entitle a permittee to carry a concealed handgun into a courthouse or courtroom. Nevertheless, La. RS. 40: 1379.3(N)(3) further provides that a judge may carry such a weapon in his own courtroom.

Justice of the peace courts are constitutional offices exercising the judicial power of the State of Louisiana, and presiding justices of the peace are judges within the contemplation of the law.2 Therefore, the provisions of La. RS. 40:1379.3(N)(3) which reference a "judge" also apply to justices of the peace. Thus, it is the opinion of this

1 We note this opinion does not address whether a justice of the peace may prevent a person from openly carrying a firearm into a private residence, which would be a separate issue.
2 La. Const. Art. 5, § 20 (1974): Quarles v. Jackson Parish Police Jury, 482 So. 2d 833 (2nd Cir. 1986); In Re. Wilkes, 403 So.2d 35 (La.1981).

Page 2

OPINION 15-0138
Honorable Darrell P. Chiasson
Page No.2

office that a justice of the peace may carry a concealed weapon at his private residence when using it as his courtroom.

We now turn to your second question wherein you ask whether a justice of the peace may prohibit a concealed carry permittee from bringing a concealed weapon into his residence when it is being used as the justice of the peace courtroom. La. R.S. 40:1379.3(0) addresses the ability of private property owners to prohibit carrying concealed firearms on their premises by persons who possess a statewide license to carry. La. R.S. 40:1379.3(0) provides as follows:

The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person.

Based on the foregoing, a justice of the peace may prevent a concealed carry permittee from carrying a concealed weapon into his residence when the residence is being used as the justice of the peace courtroom.

In conclusion, it is the opinion of this office that a justice of the peace may carry a concealed weapon at his private residence while it is being used as his courtroom. Additionally, a justice of the peace may prevent a concealed carry permittee from carrying a concealed weapon into his residence when the residence is being used as the justice of the peace courtroom.

We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL

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ErinC. Day U
Assistant Attorney General

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