This section defines negligent carrying of a concealed handgun, sets fines and jail time for the offense, and gives police and courts certain seizure, forfeiture, and license-action powers.
§1382. Negligent carrying of a concealed handgun A. Negligent carrying of a concealed handgun is the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun, under the following circumstances: (1) When it is foreseeable that the handgun may discharge, or when a law enforcement officer or others are placed in reasonable apprehension or the law enforcement officer has a reasonable suspicion that the handgun may discharge. (2) When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed. B. It shall be within the discretion of the law enforcement officer to issue a summons to a person accused of committing this offense in lieu of making a physical arrest. The seizure of the handgun pending resolution of the offense shall only be discretionary in the instance where the law enforcement officer issues a summons to the person accused. If the law enforcement officer makes a physical arrest of the person accused, the handgun and the person's license to carry such handgun shall be seized. C.(1) Whoever commits the offense of negligent carrying of a concealed handgun shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both. (2) Whoever commits the offense of negligent carrying of a concealed handgun in the area within the boundaries of the French Quarter Management District as established in R.S. 25:799 shall be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned for not more than six months, or both. (3) In addition to the penalties provided in Paragraphs (1) and (2) of this Subsection, the court may order the forfeiture of the handgun and may suspend or revoke any permit or license authorizing the concealed carrying of the handgun. D. Notwithstanding the provisions of R.S. 40:1798, a handgun forfeited under Paragraph (C)(3) of this Section shall be returned to the defendant if the defendant satisfies all of the following: (1) The instant conviction is the defendant's first offense for a violation of this Section. (2) The defendant is not otherwise prohibited by state or federal law from possessing a firearm. (3) The defendant successfully completes the eight-hour National Rifle Association Basics Pistol Shooting course taught in person by a National Rifle Association certified instructor within one year of conviction. Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996; Acts 2024, No. 535, §2, eff. July 4, 2024; Acts 2024, No. 535, §2, eff. July 4, 2024.