BATON ROUGE – Despite the opposition of Black Caucus members, the House advanced a bill 70-28 that would protect licensed armed security guards from civil liability charges if they are proven justified in discharging a firearm.

House Bill 71 by Rep. Josh Carlson, R-Lafayette, advanced Monday to the Senate with all but three Black Caucus members in opposition. The three other caucus members were absent from the vote.

Carlson said his bill would classify a licensed armed security guard as an “authorized person,” thereby providing protection from civil lawsuits should law enforcement officers and district attorneys deem the guard’s use of a gun as justified.

The “authorized person” classification already includes anyone with a valid concealed handgun permit, active and honorably discharged military members and any authorized law enforcement officer.

Under the bill, if a licensed security guard’s actions are found justifiable in criminal court, the guard and the private security company that employs the guard would not be held liable for civil damages.

“You can be deemed justifiable from the criminal side, but you can still be sued personally or the company that you work for,” Carlson said. “So, you could’ve used appropriate force to defend life and property and still be sued and tied up in court for years and have to spend hundreds of thousands of dollars.”

Carlson referenced a particular case in which an armed security guard at a CVS pharmacy in New Orleans attempted to subdue someone he deemed was a threat to public safety and to himself. The guard used his gun in the confrontation, and although his actions were deemed justified, he was subjected to a lengthy and financially taxing civil lawsuit.

Rep. Edmond Jordan of Baton Rouge, a Democrat and Black caucus member, criticized the bill for applying criminal standards to a civil process, making it harder to contest the validity of a guard’s actions.

“If you’re saying if they were found justifiable on the criminal side, which is beyond the reasonable doubt, which is a higher standard, then you’re going to give them immunity on the civil side,” Jordan said. “So, civilly, you’re now saying that has become the standard.”

Carlson explained that his bill simply extends a preexisting statute to include armed security guards.

Since July 4, 2024, Senate Bill 2 by Sen. Blake Miguez, R-New Iberia, has protected people with conceal-carry permits from civil liabilities in the case of justified force through the discharge of a handgun.

In support of Carlson’s bill, Rep. Danny McCormick, R-Oil City, said protections should be extended to all firearm owners.

“Every legal citizen that carries a firearm in this state should be shielded from civil liability if they use their gun in self-defense,” McCormick said.

Carlson also mentioned that armed security guards undergo more extensive training than concealed handgun carriers, who already have legal protections.

To become a licensed security guard in Louisiana, a person must meet the minimum requirements and complete two, eight-hour trainings that includes classroom training administered through the hiring company or by the Louisiana State Board of Private Security Examiners.

Additional firearm training must be administered by a licensed state instructor before security guards can assume their positions. Guards also undergo a basic training curriculum, including incident-response education and how to address customer-service issues properly.

For an individual to apply for a concealed handgun permit, he or she must demonstrate competence with a handgun and provide proof of firearm training along with any necessary recertifications.

Approved training includes completion of any National Rifle Association handgun safety program, law enforcement training course or class offered to the general public that is approved by the Department of Public Safety & Corrections or a three-hour course of instruction on the use of deadly force and conflict resolution.

Rep. Vanessa Caston LaFleur, D-Baton Rouge, told Carlson she could not support the bill.

“This seems like a bill that shields companies and has no interest in providing for an opportunity for these families who are harmed by death from those security officers,” she said. “Your bill is the Wild, Wild West, sir.”