What reasons would someone be denied a permit to carry a concealed handgun?
In addition to the reasons that would make it illegal for a person to possess a firearm or carry a concealed weapon, there are additional reasons why a person would not qualify for a permit to carry a concealed handgun. However, s/he may still be able to possess a firearm as long as it is not a handgun and it is not being carried in a hidden (concealed) way. In Louisiana, in order to qualify for a concealed handgun permit, the person must:
- be a resident of the state;
- be twenty-one years of age or older;
- not be suffering from a mental or physical illness (infirmity) due to disease, illness, or intellectual disability that prevents the safe handling of a handgun;
- not have been committed, either voluntarily or involuntarily, for the abuse of drugs within the past five years prior to the date the application is submitted;
- not have been found guilty of (or entered a plea of guilty or “nolo contendere” to) a drug-related misdemeanor within the past five years prior to the date the application is submitted;
- not presently be charged under indictment or a “bill of information” for a drug-related misdemeanor;
- not frequently (chronically and habitually) drink alcohol to such an extent that his/her normal abilities are damaged (impaired);
- not have been found guilty of (or entered a plea of guilty or “nolo contendere” to) operating a vehicle while intoxicated within the past five years prior to the date the application is submitted or at any time after the application is submitted;
- not have been admitted, either voluntarily or involuntarily, for treatment as an alcoholic within the five-year period immediately preceding the date on which the application is submitted or at any time after the application is submitted;
- not been found guilty of (or entered a plea of guilty or “nolo contendere” to) a misdemeanor “crime of violence” (unless five years have passed since completion of the sentence or since any other conditions set by the court have been fulfilled);
- not have been convicted of (or have entered a plea of guilty or “nolo contendere” to) any crime of violence or any crime punishable by imprisonment for a term of one year or greater (usually, a felony);
- not be charged under indictment or a bill of information for any crime of violence or any crime punishable by imprisonment for a term of one year or greater (usually, a felony);
- not be a fugitive from justice;
- not be an unlawful user of, or addicted to, marijuana, depressants, stimulants, or narcotic drugs;
- not have been found by a court to be mentally deficient;
- not have been committed to a mental institution;
- not be an undocumented immigrant;
- not have been discharged from the Armed Forces of the United States with a discharge characterized as “Under Other than Honorable Conditions,” a “Bad Conduct Discharge,” or a “Dishonorable Discharge;”
- not have a history of engaging in violent behavior; Note: If within a ten-year period immediately before the date of the application, there is proof that either of the following are true, it will be assumed that the person has a “history of engaging in violent behavior”:
- the applicant was arrested or charged on three or more occasions for any “crime of violence;” or
- the applicant was arrested or charged on two or more occasions for any crime of violence that may be punished by death;
- not be ineligible to possess or receive a firearm under federal law, including when there is a protective order issued against the applicant that meets certain conditions (see The abuser has a gun. Is that legal? in our Federal Gun Laws section for more information); and
- not have had a permit denied within one year prior to the most recent application or revoked within four years prior to the most recent application.1
1 LA R.S. 40:1379.3(C)