April 13, 2000
OPINION 00-58
Honorable Nick Congemni
Chief of Police
1801 Williams Boulevard
Kenner, LA 70062
Dear Chief Congemni:
You have asked this office to address the legality of hiring an eighteen-year old individual as a police officer, with added regard to the issue of whether such police officer may legally carry a firearm.
Pertinent to the issue at hand is R.S. 33:2493(D), providing:
D. Special requirements or qualifications for admission to tests, or for eligibility for appointment, such as age, education, physical requirements, etc., may be established by the rules adopted by the board, after consultation with the appointing authority. Any applicant must be, at the time of his appointment to a position in the classified service, of good health, good moral character, and of temperate and industrious habits.
The Kenner Municipal Fire and Police Civil Service Board has adopted the following rules regarding qualifications requirements:
QUALIFICATIONS REQUIREMENTS
Unless otherwise specified, all requirements listed must be met by the filing deadline for application for admission for test.
Must meet all requirements of the Municipal Fire and Police Civil Service Law, including being a citizen of the United States and pass a civil service exam with a score of 75% or greater.
Must not be less than twenty-one years of age.
Must have a high school diploma issued from a state department of education or a valid certificate of equivalency issued from a state department of education and furnish with application, or furnish a copy of a college/university transcript from a state accredited college or university.
After offer of employment, but before beginning work in this class, must pass a medical examination prepared and administered by the Appointing Authority, designed to demonstrate good health and physical fitness sufficient to perform the essential duties of the position, with or without accommodation, for this position.
Must have a valid Louisiana driver’s license at time of employment. (Emphasis added).
We are advised by Ms. Melinda B. Livingston of the Office of State Examiner, Municipal Fire and Police Civil Service, that the appropriate petition requesting the board to amend the age qualification would effectively remove this limitation.
Addressing your concerns regarding firearms, note that pursuant to federal law, 18 USC 922(b)(1), it is unlawful to sell or deliver any firearm, other than a shotgun or rifle, to anyone who is under age twenty-one. The law provides:
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver –
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age…
However, an exception is made in sales for use by any state or any department, agency or political subdivision thereof, which would exempt a police officer for the City of Kenner. Federal law under 18 USC 925 pertinently provides:
(a)(1) The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.
Further, note that the prohibition of R.S. 14:95 relative to the illegal carrying of a weapon does not apply to persons vested with police power while in the performance of their lawful duties, as R.S. 14:95 pertinently provides:
§ 95. Illegal carrying of weapons
A. Illegal carrying of weapons is:
(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one’s person; or
(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien;
* * * * *
G. (1) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties. These provisions shall not apply to sheriffs and their deputies and state and city police who are not actually discharging their official duties, provided that such persons are full time, active, and certified by the Council on Peace Officer Standards and Training and have on their persons valid identification as duly commissioned law enforcement officers. (Emphasis added).
Thus, a person vested with police power who is under the age of twenty-one may carry a firearm when in the actual discharge of official duties. In accord is Attorney General Opinion 93-49, copy attached.
We hope the foregoing sufficiently addresses your concerns. Should you have further questions, please contact this office.
Very truly yours,
RICHARD P. IEYOUB
ATTORNEY GENERAL
BY: _________________________________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams
00-58
77 Officers
R.S. 33:2493(D), R.S. 14:95
Rule adopted by municipal fire and police civil service board regarding minimum age requirement for police officers currently disallows employment to those individuals under the age of twenty-one, but rule may be changed upon petitioning the board. Further, the federal restrictions on sale of guns to persons under the age of twenty-one does not apply to individuals vested with police power in the actual discharge of official duties.
Honorable Nick Congemni
Chief of Police
1801 Williams Boulevard
Kenner, LA 70062
Date Received:
Date Released: April 13, 2000
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
