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Louisiana Revised Statutes Tit. 9, § 2793.12. Limitation of liability; concealed handgun permit; definitions; exceptions

Current as of January 01, 2023 | Updated by Findlaw Staff

A. (1) As used in this Section, the term “authorized person” means any person with a valid concealed handgun permit issued pursuant to R.S. 40:1379.1, 1379.1.1, 1379.3, or 1379.3.2; any qualified law enforcement officer authorized to carry a concealed handgun pursuant to R.S. 40:1379.1.3 or 1379.1.4; or any person specified in R.S. 14:95(G)(3) and (4).

(2) The term “authorized person” shall also apply to a reserve or active-duty member of any branch of the United States Armed Forces; a member of the Louisiana National Guard or the Louisiana Air National Guard; or a former member of any branch of the United States Armed Forces, the Louisiana National Guard, or the Louisiana Air National Guard who has been honorably discharged from service.

B. An authorized person as defined in this Section 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 a firearm by the authorized person. This provision shall preclude any right of action by the perpetrator, his survivors, or his heirs.

C. The provisions of Subsection B of this Section shall not be applicable to the following:

(1) Acts or omissions that constitute gross negligence or intentional misconduct or that result in a valid and final felony conviction in this state.

(2) Any person without authorization pursuant to Subsection A of this Section at the time of the events giving rise to a claim.

D. Nothing in this Section shall be construed to limit or abrogate other immunities, limitations on liability, or defenses provided for in any other provision of law.

E. Nothing in this Section shall be construed to limit third party liability and property damage exposure from a criminal actor's contributory negligence that causes the lawful actions of the individual claiming limitation of liability.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 9, § 2793.12. Limitation of liability; concealed handgun permit; definitions; exceptions - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-2793-12/

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