Results 1 to 18 of 18

Thread: OT/CC: Louisiana no longer recognizes non-resident Florida licenses

  1. #1
    Regular Member
    Join Date
    Aug 2007
    Location
    Granite State of Mind
    Posts
    4,508

    Post imported post

    Off topic, but many people here also carry concealed in Louisiana, so this update is a public service.

    There's no date nor explanation, just this entry on the Louisiana State Police website:

    http://www.lsp.org/handguns.html

    News
    • Effective immediately, Louisiana no longer honors non-resident permits issued by the State of Florida.

  2. #2
    Regular Member turbodog's Avatar
    Join Date
    Jan 2009
    Location
    Independence, Louisiana, USA
    Posts
    566

    Post imported post

    Yeah, I wonder what the issue is? Both states apparently still have reciprocity agreements on resident permits though.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

  3. #3
    Regular Member
    Join Date
    Jun 2006
    Location
    Kingsland/Saint Marys GA, USA
    Posts
    73

    Post imported post

    Guess I will have to OC only for the next couple of months until I get a Louisiana permit as my Florida permit is no good. I am glad that I just made my six months as a resident, now to take the class and do the paperwork.

  4. #4
    State Researcher
    Join Date
    Jan 2007
    Location
    Lebanon, VA
    Posts
    676

    Post imported post

    There is no legal basis for LSP to make this pronouncement.

    In general, another state's concealed handgun permit is valid in Louisiana without regard to the state of residence of the permitholder.La. Rev. Stat. § 40:1379.3(T)(1) provides, in part, that "[a] current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states."

    However, there is one exception. La. Rev. Stat. § 40:1379.3(T)(2) provides that "[a] nonresident concealed handgun permit issued by another state is invalid in the state of Louisiana if issued to an individual who as a resident of this state has been denied a handgun permit or has been issued a handgun permit which is under revocation or suspension." Only if you (1) are a resident of Louisiana and (2) have been denied a LA CHP or have an LA CHP that is under suspension or revocation, may you not carry a concealed handgun in Louisiana with a nonresident permit from a reciprocal state. Thus, it is clear that the Louisiana Legislature has clearly spoken on the validity of nonresident permits issued by not only Florida, but also other states such as New Hampshire, Pennsylvania, Utah, among others, that issue nonresident permits.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  5. #5
    Regular Member
    Join Date
    Jul 2007
    Location
    , South Carolina, USA
    Posts
    2,247

    Post imported post

    In general, another state's concealed handgun permit is valid in Louisiana without regard to the state of residence of the permitholder.La. Rev. Stat. § 40:1379.3(T)(1) provides, in part, that "[a] current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states."

    Does LA issue non-resident permits? If so they are not valid in FL and this may be the basis for it. If a LA non-res permit is not valid in FL then a FL non-res permit would not be valid in LA. A nit-picking ruling but may be their reasoning behind it.

  6. #6
    Regular Member
    Join Date
    Feb 2008
    Location
    Keithville, Louisiana, USA
    Posts
    374

    Post imported post

    PT111 wrote:
    In general, another state's concealed handgun permit is valid in Louisiana without regard to the state of residence of the permitholder.La. Rev. Stat. § 40:1379.3(T)(1) provides, in part, that "[a] current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states."

    Does LA issue non-resident permits? If so they are not valid in FL and this may be the basis for it. If a LA non-res permit is not valid in FL then a FL non-res permit would not be valid in LA. A nit-picking ruling but may be their reasoning behind it.
    No, we do not issue non-res.

    Their reasoning, ostensibly, is Florida's lax training requirements. Some have said they are just after the money, because they still recognize FL resident permits (which theoretically they should not if they are concerned about the training issue). OTOH, the silent reasoning is that they don't want LA residents getting around the training requirements. All of which is a bit superflous, though, since most people go to the same training here to get their non-res from FL that they would to get a LA CHP.



  7. #7
    State Researcher
    Join Date
    Jan 2007
    Location
    Lebanon, VA
    Posts
    676

    Post imported post

    Louisiana Carry wrote:
    PT111 wrote:
    In general, another state's concealed handgun permit is valid in Louisiana without regard to the state of residence of the permitholder.La. Rev. Stat. § 40:1379.3(T)(1) provides, in part, that "[a] current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states."

    Does LA issue non-resident permits? If so they are not valid in FL and this may be the basis for it. If a LA non-res permit is not valid in FL then a FL non-res permit would not be valid in LA. A nit-picking ruling but may be their reasoning behind it.
    No, we do not issue non-res.

    Their reasoning, ostensibly, is Florida's lax training requirements. Some have said they are just after the money, because they still recognize FL resident permits (which theoretically they should not if they are concerned about the training issue). OTOH, the silent reasoning is that they don't want LA residents getting around the training requirements. All of which is a bit superflous, though, since most people go to the same training here to get their non-res from FL that they would to get a LA CHP.

    The plain text of the reciprocity law does not allow this.

    The Louisiana Legislature repealed the equivalent licensing standards requirement from the reciprocity law in 2004. In 2008, the Legislature did add the prohibition on residents who were denied a LA CHP or have a suspended or revoked LA CHP from using another state's permit. There are states that have resident-permit-only reciprocity laws (CO, FL, MI, NH & SC) and some that generally recognize nonresident permits but expressly prohibit their own residents from using another state's permit as an alternative to obtaining a home state permit (AL, AZ, GA, IN, KS, NE, NV, TN & WV). If the Legislature wanted to adopt either mechanism to require Louisiana residents to go through the LA CHP process and not use another state's permit to bypass it, it clearly had a variety of statutory provisionsavailable for duplicationfrom other states. However, the Legislature chose only to bar those residents who applied and were denied and those residents who were under suspension or revocation, from using another state's permit. A legislature speaks by both its acts and its omissions.

    In light of the 2004 and 2008 amendments to the reciprocity law and the varying provisions in other states pertaining to nonresident permits, there is no conclusions other than a plain text application of the current statute, as written, notwithstanding LSP's contrary pronouncement denying recognition to FL nonresident permits.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  8. #8
    Regular Member
    Join Date
    Feb 2008
    Location
    Keithville, Louisiana, USA
    Posts
    374

    Post imported post

    WVCDL wrote:
    Louisiana Carry wrote:
    PT111 wrote:
    In general, another state's concealed handgun permit is valid in Louisiana without regard to the state of residence of the permitholder.La. Rev. Stat. § 40:1379.3(T)(1) provides, in part, that "[a] current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states."

    Does LA issue non-resident permits? If so they are not valid in FL and this may be the basis for it. If a LA non-res permit is not valid in FL then a FL non-res permit would not be valid in LA. A nit-picking ruling but may be their reasoning behind it.
    No, we do not issue non-res.

    Their reasoning, ostensibly, is Florida's lax training requirements. Some have said they are just after the money, because they still recognize FL resident permits (which theoretically they should not if they are concerned about the training issue). OTOH, the silent reasoning is that they don't want LA residents getting around the training requirements. All of which is a bit superflous, though, since most people go to the same training here to get their non-res from FL that they would to get a LA CHP.

    The plain text of the reciprocity law does not allow this.

    The Louisiana Legislature repealed the equivalent licensing standards requirement from the reciprocity law in 2004. In 2008, the Legislature did add the prohibition on residents who were denied a LA CHP or have a suspended or revoked LA CHP from using another state's permit. There are states that have resident-permit-only reciprocity laws (CO, FL, MI, NH & SC) and some that generally recognize nonresident permits but expressly prohibit their own residents from using another state's permit as an alternative to obtaining a home state permit (AL, AZ, GA, IN, KS, NE, NV, TN & WV). If the Legislature wanted to adopt either mechanism to require Louisiana residents to go through the LA CHP process and not use another state's permit to bypass it, it clearly had a variety of statutory provisionsavailable for duplicationfrom other states. However, the Legislature chose only to bar those residents who applied and were denied and those residents who were under suspension or revocation, from using another state's permit. A legislature speaks by both its acts and its omissions.

    In light of the 2004 and 2008 amendments to the reciprocity law and the varying provisions in other states pertaining to nonresident permits, there is no conclusions other than a plain text application of the current statute, as written, notwithstanding LSP's contrary pronouncement denying recognition to FL nonresident permits.
    I agree with you. If I had legal resources like VCDL or something, I would be the first to challenge this. I only meant to expound on their reasoning, since a conjecture had been posted.

  9. #9
    State Researcher
    Join Date
    Jan 2007
    Location
    Lebanon, VA
    Posts
    676

    Post imported post

    It appears LSP has withdrawn from its web site its earlier pronouncement denying recognition to FL nonresident permits.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  10. #10
    Regular Member
    Join Date
    May 2006
    Location
    Foxworth, Mississippi, USA
    Posts
    25

    Post imported post

    I'm definitely no expert on this stuff but Florida does not issue a "non-resident" CCL. They do issue a CCL to non-residents of the state but it's not marked as a "non-resident" license.

    I realize maybe that's nit-picking at terminology but .................

  11. #11
    Regular Member
    Join Date
    Aug 2007
    Location
    Granite State of Mind
    Posts
    4,508

    Post imported post

    WVCDL wrote:
    It appears LSP has withdrawn from its web site its earlier pronouncement denying recognition to FL nonresident permits.
    Yes, I heard they got smacked down pretty hard by some legislators over this.

  12. #12
    Regular Member
    Join Date
    May 2009
    Location
    Sulphur, Louisiana, USA
    Posts
    100

    Post imported post



  13. #13
    Regular Member
    Join Date
    Nov 2009
    Location
    , ,
    Posts
    3

    Post imported post

    I'm guessing the reason why they did that was a knee jerk reaction to non-resident Florida licenses is that LA residents were getting them instead of LA CHPs to CCW in LA. Fortunately the State legislature stepped in and took care of that. I do expect LASP to lobby that LA residents be required to get LA CHPs or perish permits.

  14. #14
    Regular Member
    Join Date
    Sep 2009
    Location
    Slidell, La
    Posts
    175

    Post imported post

    I know a couple folks here in slidell That have Florida non-res permits. They told me that it is much easier to obtain the FL permit as compared to LA's process.

  15. #15
    Regular Member
    Join Date
    Nov 2009
    Location
    , ,
    Posts
    3

    Post imported post

    Slidell Jim wrote:
    I know a couple folks here in slidell That have Florida non-res permits. They told me that it is much easier to obtain the FL permit as compared to LA's process.
    That doesn't surprise me, however, LA CHPs have better reciprocity and recognition than FL CWFLs. That alone would be motivation for me to get a LA CHP if I was a LA resident.

  16. #16
    Regular Member
    Join Date
    Apr 2009
    Location
    Levittown, Pennsylvania, USA
    Posts
    771

    Post imported post

    netentity wrote:
    Slidell Jim wrote:
    I know a couple folks here in slidell That have Florida non-res permits. They told me that it is much easier to obtain the FL permit as compared to LA's process.
    That doesn't surprise me, however, LA CHPs have better reciprocity and recognition than FL CWFLs. That alone would be motivation for me to get a LA CHP if I was a LA resident.
    By my count....

    LA = 31 FL = 33
    States dont have rights. People do.

  17. #17
    Regular Member
    Join Date
    Nov 2009
    Location
    , ,
    Posts
    3

    Post imported post

    mrjam2jab wrote:
    netentity wrote:
    Slidell Jim wrote:
    I know a couple folks here in slidell That have Florida non-res permits. They told me that it is much easier to obtain the FL permit as compared to LA's process.
    That doesn't surprise me, however, LA CHPs have better reciprocity and recognition than FL CWFLs. That alone would be motivation for me to get a LA CHP if I was a LA resident.

    By my count....

    LA = 31 FL = 33
    That isn't by LA SP's count see http://www.lsp.org/handguns.html#recip. Also keep in mind that LA has ME, MN, NV and WA which are difficult States to obtain. I'd love to not to have to renew my ME. LA SP hasn't gotten around to auditing NE to see if they honor their CHP since their recognition statute just passed this year; see http://www.nsp.state.ne.us/FindFile.asp?ID2=256 for NE's recognition list.

    Why LA doesn't have reciprocity with OH is a mystery to me.

    You also lose some States with a non-resident license or permit; CO, FL, MI, NH and SC. You might also lose KS when another AG gets elected. KS has been bouncing around the non-resident license and permit issue since the passing of their shall issue CCW statute depending on who is in office.

  18. #18
    Regular Member
    Join Date
    Jun 2006
    Location
    Kingsland/Saint Marys GA, USA
    Posts
    73

    Post imported post

    I do have a Florida permit, I got it several years ago as a backup/cover for states that MS did not cover. When I moved to Louisiana my MS permit was no longer valid, and I have to wait six months :X before I can get my permit here (Why don't they have a clause that the wait is exempted if you already have a permit like what MS does). Thankfully that wait is up and now it is just finding the time for the class and do the paperwork. I want to get the Louisiana permit only for the couple of states that I don't get with Florida, and I will keep the Florida permit as a backup.



Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •