Louisiana gun owners with concealed-carry permits will be granted limited immunity from lawsuits for injuring or killing someone during cases of justified self-defense under the provisions of a measure Gov. Jeff Landry signed on March 5.
Senate Bill 2, which takes effect on July 4, provides such legal immunity to those with concealed-carry permits, except if a permit holder’s actions represent gross negligence or intentional misconduct resulting in a felony conviction, according to the Legislature’s analysis of the bill.
“(The) proposed law provides that an authorized person 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 the handgun of the authorized person,” the analysis states. “Precludes any right of action by the perpetrator, his survivors or his heirs.”
The new law, however, does not limit third-party liability and property damage exposure resulting from a permit holder’s self-defense actions, according to the analysis.
The law is one of a series of measures passed by the Legislature during a special session on crime-reduction measures proposed by Landry. The measures passed and signed into law also include Senate Bill 1, which allows certain people 18 and over to carry concealed weapons without a permit, with the exception of places such as schools, courthouses, polling places, municipal buildings, airports and the state Capitol.
Both SB 1 and SB 2 were sponsored by Sen. Blake Miguez (R-New Iberia).
“Today, we made good on our promise to deliver sweeping reforms to our criminal justice system,” Landry said in a prepared statement upon signing the measures into law. “Reforms that put the interests of victims before the interests of criminals. Reforms that uplift and support our police officers. Reforms that deliver true justice to the victims of crime. Reforms that make our streets and communities safer for all.”
The Louisiana chapter of Moms Demand Action, a group that favors measures to protect people from gun violence, said that the provisions of SB 2 are problematic.
“SB 2 is pretty egregious in that it affords immunity from civil liability to people who essentially are committing a crime and potentially being excused from that crime and given justification ahead of time,” Angelle Bradford, the volunteer leader of the chapter, told the Louisiana Record in an email.
The law will create confusion because it potentially gives the users of concealed weapons civil immunity provided they get a permit that will no longer be required in Louisiana due to the signing of SB 1, according to Bradford.
“Starting the Fourth of July of this year, we will be in a state where 18-years-and-older folks can conceal-carry without a permit, training or background check, but the 18- to 20-year-olds can still not legally purchase a handgun because that is a federal law,” she said.
Groups like Moms Demand Action are also disappointed there has been little or no discussion of what repercussions people would face if they purchase a concealed-carry gun for an 18-year-old.
“Beyond that, why are we basically sanctioning violence through civil liability immunity and giving the system and victims or survivors less recourse?” Bradford said. “In many ways, this is just a dangerous expansion of stand-your-ground laws.”
Some law enforcement groups were neutral about the enactment of SB 2. The Louisiana Sheriffs Association did not take a position on it.