Louisiana's "Constitutional Carry" Law: Implications, Considerations for Businesses

New Orleans CityBusiness published Peter Thomson's article "Louisiana's 'Constitutional Carry' Law: Implications, Considerations for Businesses."  The article can be found on the CityBusiness website here or the full article is below.

What is the new “Constitutional Carry” law?

On March 5, 2024, Louisiana Governor Jeff Landry signed into law a bill that authorizes the “constitutional carry” of concealed firearms without a permit. The new law, which took effect on July 4, 2024, expands the previously recognized constitutional right in Louisiana to carry a firearm openly on one’s person, such as in an exposed holster or in a sling. Now, anyone over 18 years of age, except for a convicted felon or where the individual otherwise is prohibited from possessing a firearm under state or federal law, may legally carry on their person a concealed firearm without first having to obtain a permit from state, parish or municipal authorities. With the enactment of the new law, Louisiana joins over two-dozen other states in the country which authorize the carrying of concealed firearms without a permit.

How is the new law different?

Previously, to carry a concealed firearm in Louisiana, an individual had to apply for and be issued a “concealed handgun permit” by the Office of State Police. The new “constitutional carry” law does not change pre-existing law in this regard. To obtain a permit, applicants must still submit fingerprints, undergo a criminal history background check, answer medical-related questions, disclose relevant mental and/or physical disorders, receive legal training in the use and carrying of firearms, demonstrate proficiency with a firearm, and pay an application fee.  At bottom, a person may now elect to carry a concealed firearm as a matter of constitutional right or, if the person meets the statutory requirements, may apply for and obtain an official concealed handgun permit from the Office of State Police.

What is the risk assessment for businesses?

With the passage of the new law, the number of persons lawfully entitled to carry concealed firearms has exploded from roughly 250,000 permit holders statewide to about 4.5 million people. This accounts for nearly the entire population of the state, most of whom have had no prior formal training in the use and carrying of firearms or in the laws of self-defense. This massive increase in the proliferation of persons capable of carrying concealed firearms, combined with the lack of required training, arguably creates additional risk that an employee might improperly brandish and/or discharge a firearm while at work.

More specifically, some anti-gun activists maintain that constitutional “permitless” carry creates an increased risk for employers since they are legally responsible for the acts of employees committed in the course and scope of employment, whether or not the act in question occurs on the employer’s premises. Although the precise level of risk, if any, may be difficult to quantify, these same activists likewise claim that the addition of millions more potential gun toting employees creates an environment in which employers—by virtue of the sheer numbers involved—are more likely to face some kind of legal action related to the use of a firearm by one or more of their employees. Activists also have argued that constitutional carry will cause a surge in gun violence and jeopardize the safety of families and communities.

However, these dire predictions of increased lawsuits and surging gun violence have not panned out. In fact, the data collected to date relating to the effect of constitutional carry on crime and gun violence has been largely inconclusive. Constitutional carry has not resulted in statistically significant increases (or decreases) in gun violence, crime or shootings. Notably, however, since the enactment of similar constitutional carry laws in Ohio and Florida, data collected in those two states indicates that gun crimes have decreased, and not the other way around.

When assessing any potential risk and developing work policies, businesses should be cognizant of the fact that concealed handgun permit holders, unlike persons carrying under the new “constitutional carry” law, are required by statute to pass background checks, demonstrate proficiency with a handgun, and obtain training in the use of firearms and in the laws of self-defense, including in the law of deadly force. Further, other new legislation, passed alongside the “constitutional carry” law, grants permit holders “qualified immunity” from lawsuits arising from the use of their firearms in self-defense. This immunity, which has yet to be litigated in the courts, may well, by extension, help protect businesses in cases where an employee uses a firearm for a legitimate self-defense reason during the course and scope of their employment. Previously, only law enforcement officers were granted this type of immunity, whereas non-permitted individuals carrying concealed under the new “constitutional carry” law are not provided any level of immunity whatsoever.

Do businesses have the right to restrict firearms on work premises?

Importantly, the new “constitutional carry” law does not restrict a private business’ right to limit firearm possession on its property, regardless of whether an employee has a permit or possesses a firearm pursuant to the new law. The U.S. Supreme Court to date has not held that the Second Amendment guarantees the right of employees to possess firearms while at work.  An employer, any business owner, may continue to maintain and create its own rules and policies governing the possession of firearms on its premises, consistent with state law. In fact, the same principle holds true as it applies to the customers and clients who are present on the premises of a business. A property owner, lessee, or other lawful custodian may prohibit or limit access of individuals possessing a concealed handgun, whether they have a permit or not, and nothing in the new “constitutional carry” law restricts that right.

What about restricting firearms in employees’ vehicles?   

On the other hand, an employer does not have the right to prohibit an employee from carrying or storing a firearm in their personal vehicles at work, regardless of whether the employee has a permit. A person lawfully possessing a firearm may transport and store that firearm in their vehicle, even if parked on the employer’s property. More specifically, the statute states that a person in lawful possession of a firearm “may transport or store such firearm in a locked, privately-owned motor vehicle in any parking lot, parking garage, or other designated parking area” and that no property owner, tenant, public or private employer, or business entity shall prohibit any person from transporting or storing a firearm” in that manner.

Are there other relevant conditions?

Yes, there are several important caveats and exceptions, such as:

• If employee vehicles are parked in a controlled space (for example, in an access restricted area behind a security fence or a gate), then the employer may, in fact, prohibit the possession of firearms in employees’ vehicles if the employer provides for the temporary storage of firearms or an alternative parking area reasonably close to the main parking area.
• Employers are statutorily immune from liability in any civil action for damages resulting from or arising out of the transportation or storage of a firearm by employees in their vehicles at work.
• Employers have the statutory right to require that any firearm contained in a vehicle on their property be locked in a container within the vehicle or that the firearm be otherwise hidden from plain view.
• Employers have the right to prohibit employees from possessing firearms in company owned vehicles while in the course and scope of their employment.

What are next steps for businesses?

In view of the new “constitutional carry” law and civil immunity legislation for permit holders, businesses should consider reviewing and reassessing their workplace policies governing firearm possession to ensure lawful compliance and to limit exposure from civil lawsuits. Although there are no federal laws specifically governing firearms in the private workplace, it would be wise to review OSHA regulations and any recent caselaw addressing firearms in the workplace since OSHA generally requires employers to maintain safe working environments. Businesses should also review their commercial liability policies and insurance needs as they relate to firearm possession in the workplace by employees, clients and customers. Likewise, businesses should consider reviewing and possibly updating their safety and security policies and protocols to address the potential of increased risks associated with the increased presence of firearms in the work environment and beyond.