Louisiana § RS 9:2793.12 - Limitation of liability; concealed handgun permit; definitions; exceptions

§ RS 9:2793.12. Limitation of liability; concealed handgun permit; definitions; exceptions

            A.(1) As used in this Section, the term "authorized person" means any person with a valid concealed handgun permit issued pursuant to R.S. 40:1379.1, 1379.1.1, 1379.3, or 1379.3.2; any qualified law enforcement officer authorized to carry a concealed handgun pursuant to R.S. 40:1379.1.3 or 1379.1.4; or any person specified in R.S. 14:95(G)(3) and (4).

            (2) The term "authorized person" shall also apply to a reserve or active-duty member of any branch of the United States Armed Forces; a member of the Louisiana National Guard or the Louisiana Air National Guard; or a former member of any branch of the United States Armed Forces, the Louisiana National Guard, or the Louisiana Air National Guard who has been honorably discharged from service.

            (3) The term "authorized person" shall also apply to any armed security officer as defined by R.S. 37:3272(A) who has completed the training requirements provided by R.S. 37:3284(B)(2) and who has been issued an armed registration card by the Louisiana State Board of Private Security Examiners.

            B. An authorized person as defined in this Section shall not be liable for damages for any injury, death, or loss suffered by a perpetrator when the injury, death, or loss is caused by a justified use of force or self-defense through the discharge of a firearm by the authorized person. An armed security officer is entitled to the limitation of liability provided for in this Section only if the perpetrator is wielding a dangerous weapon as defined in R.S. 14:2 at the time the armed security officer injures the perpetrator. This provision shall preclude any right of action by the perpetrator, his survivors, or his heirs.

            C. The provisions of Subsection B of this Section shall not be applicable to the following:

            (1) Acts or omissions that constitute gross negligence or intentional misconduct or that result in a valid and final felony conviction in this state.

            (2) Any person without authorization pursuant to Subsection A of this Section at the time of the events giving rise to a claim.

            D. Nothing in this Section shall be construed to limit or abrogate other immunities, limitations on liability, or defenses provided for in any other provision of law.

            E. Nothing in this Section shall be construed to limit third party liability and property damage exposure from a criminal actor's contributory negligence that causes the lawful actions of the individual claiming limitation of liability.

            Acts 2024, 2nd Ex. Sess., No. 2, §1, eff. July 4, 2024; Acts 2024, No. 6, §1, eff. July 4, 2024; Acts 2026, No. 613, §1.