§95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school
property, at school-sponsored functions, or in a firearm-free zone
A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or
nonstudent on school property, at a school sponsored function, or in a firearm-free zone is
unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's
person, at any time while on a school campus, on school transportation, or at any school
sponsored function in a specific designated area including but not limited to athletic
competitions, dances, parties, or any extracurricular activities, or within one thousand feet
of any school campus.
B. For purposes of this Section, the following words have the following meanings:
(1) "Campus" means all facilities and property within the boundary of the school
property.
(2) "Nonstudent" means any person not registered and enrolled in that school or a
suspended student who does not have permission to be on the school campus.
(3) "School" means any elementary, secondary, high school, vocational-technical
school, college, or university in this state.
(4) "School bus" means any motor bus being used to transport children to and from
school or in connection with school activities.
C. The provisions of this Section shall not apply to:
(1) A federal law enforcement officer or a Louisiana-commissioned state or local
Post Certified law enforcement officer who is authorized to carry a firearm.
(2) A school official or employee acting during the normal course of his employment
or a student acting under the direction of such school official or employee.
(3) Any person having the written permission of the principal or as provided in R.S.
17:3361.1.
(4) The possession of a firearm occurring within one thousand feet of school property
and entirely on private property, or entirely within a private residence.
(5) Any constitutionally protected activity which cannot be regulated by the state,
such as a firearm contained entirely within a motor vehicle.
(6) Any student carrying a firearm to or from a class, in which he is duly enrolled,
that requires the use of the firearm in the class.
(7) A student enrolled or participating in an activity requiring the use of a firearm
including but not limited to any ROTC function under the authorization of a university.
(8) A student who possesses a firearm in his dormitory room or while going to or
from his vehicle or any other person with permission of the administration.
(9) Any person who has a valid concealed handgun permit issued pursuant to R.S.
40:1379.1 or 1379.3 and who carries a concealed handgun within one thousand feet of any
school campus.
D.(1) Whoever commits the crime of carrying a firearm, or a dangerous weapon as
defined in R.S. 14:2, by a student or nonstudent on school property, at a school-sponsored
function, or in a firearm-free zone shall be imprisoned at hard labor for not more than five
years.
(2) Whoever commits the crime of carrying a firearm, or a dangerous weapon as
defined in R.S. 14:2, on school property or in a firearm-free zone with the firearm or
dangerous weapon being used in the commission of a crime of violence as defined in R.S.
14:2(B) on school property or in a firearm-free zone, shall be fined not more than two
thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor
more than five years, or both. Any sentence issued pursuant to the provisions of this
Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined
in R.S. 14:2(B) shall be served consecutively. Upon commitment to the Department of
Public Safety and Corrections after conviction for a crime committed on school property, at
a school-sponsored function or in a firearm-free zone, the department shall have the offender
evaluated through appropriate examinations or tests conducted under the supervision of the
department. Such evaluation shall be made within thirty days of the order of commitment.
E. Lack of knowledge that the prohibited act occurred on or within one thousand feet
of school property shall not be a defense.
F.(1) School officials shall notify all students and parents of the impact of this
legislation and shall post notices of the impact of this Section at each major point of entry
to the school. These notices shall be maintained as permanent notices.
(2)(a) If a student is detained by the principal or other school official for violation
of this Section or the school principal or other school official confiscates or seizes a firearm
or concealed weapon from a student while upon school property, at a school function, or on
a school bus, the principal or other school official in charge at the time of the detention or
seizure shall immediately report the detention or seizure to the police department or sheriff's
department where the school is located and shall deliver any firearm or weapon seized to that
agency.
(b) The confiscated weapon shall be disposed of or destroyed as provided by law.
(3) If a student is detained pursuant to Paragraph (2) of this Subsection for carrying
a concealed weapon on campus, the principal shall immediately notify the student's parents.
(4) If a person is arrested for carrying a concealed weapon on campus by a university
or college police officer, the weapon shall be given to the sheriff, chief of police, or other
officer to whom custody of the arrested person is transferred as provided by R.S. 17:1805(B).
G. Any principal or school official in charge who fails to report the detention of a
student or the seizure of a firearm or concealed weapon to a law enforcement agency as
required by Paragraph (F)(2) of this Section within seventy-two hours of notice of the
detention or seizure may be issued a misdemeanor summons for a violation hereof and may
be fined not more than five hundred dollars or sentenced to not more than forty hours of
community service, or both. Upon successful completion of the community service or
payment of the fine, or both, the arrest and conviction shall be set aside as provided for in
Code of Criminal Procedure Article 894(B).
Acts 1991, No. 833, §1; Acts 1992, No. 197, §1; Acts 1993, No. 844, §1; Acts 1993,
No. 1031, §1; Acts 1994, 3rd Ex. Sess., No. 25, §1; Acts 1994, 3rd Ex. Sess., No. 38, §1;
Acts 1994, 3rd Ex. Sess., No. 107, §1; Acts 1999, No. 1236, §1; Acts 2010, No. 925, §1;
Acts 2013, No. 400, §1; Acts 2014, No. 324, §1; Acts 2018, No. 629, §1.