Read the full stored bill text
HLS 26RS-792 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 522
BY REPRESENTATIVE FONTENOT
FIRE PROTECT/FIRE MARSHAL: Provides relative to authority of the state fire marshal
to make arrests and carry firearms
1 AN ACT
2 To amend and reenact R.S. 40:1563.1, to enact R.S. 40:1563.1.1, and to repeal R.S.
3 40:1563.1, relative to the state fire marshal; to provide for the authority of the state
4 fire marshal and individuals within the office of the state fire marshal; to provide
5 relative to investigative authority; to provide relative to the power of arrest; to
6 authorize the carrying of firearms; to provide for immunities and defenses; to
7 provide relative to the issuance of commissions; to provide for a definition; to
8 provide for dates of termination and effectiveness; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1563.1 is hereby amended and reenacted to read as follows:
11 §1563.1. Authority to make arrests and carry firearms; arson task force
12 A. The fire marshal, the first assistant fire marshal, each deputy fire marshal,
13 certified local authorities, and state or municipal arson investigators, while engaged
14 in the performance of their duties as such, shall have the authority to investigate and
15 cause the arrest of individuals suspected of having violated the following criminal
16 laws:
17 (1) R.S. 14:51, aggravated arson.
18 (2) R.S. 14:52, simple arson.
19 (3) R.S. 14:52.1, simple arson of a religious building.
20 (4) R.S. 14:53, arson with intent to defraud.
Page 1 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 (5) R.S. 14:54, placing combustible material.
2 (6) R.S. 14:54.1, communicating false information of planned arson.
3 (7) R.S. 14:54.2, manufacture and possession of delayed action incendiary
4 devices.
5 (8) R.S. 14:54.3, manufacture and possession of a bomb.
6 (9) R.S. 14:54.5, fake explosive devices.
7 (10) R.S. 14:59(A)(2), criminal mischief relating to the giving of any false
8 alarm of fire.
9 (11) R.S. 14:204, fire-raising on lands of another by criminal negligence.
10 (12) R.S. 14:205, fire-raising on lands of another with malice.
11 (13) R.S. 14:206, fire prevention interference.
12 (14) R.S. 14:327, obstructing a fireman.
13 (15) R.S. 22:1924, insurance fraud.
14 (16) R.S. 22:1925, insurance fraud.
15 (17) R.S. 14.51.1, injury by arson.
16 (18) R.S. 15:562.5, failure to register.
17 (19) R.S. 40:1621, violation of fire marshal's orders. This Paragraph shall
18 be limited to fire marshal orders related to activities or instances determined by the
19 fire marshal to pose an immediate danger to life.
20 (20) R.S. 14:206.1, engaging in life safety and property protection
21 contracting without authority.
22 (21) Any other criminal laws making unlawful an attempt or conspiracy to
23 commit the foregoing offenses.
24 B. The officials enumerated in this Section shall also have the power to seize
25 contraband subject to forfeiture as described in R.S. 14:54.4, in accordance with the
26 procedure established in that provision.
27 C. The fire marshal, the first assistant fire marshal, and each deputy fire
28 marshal shall have the authority to investigate and cause the arrest of any person
29 suspected of having committed any offense connected to the investigation of any of
Page 2 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 the offenses enumerated in Subsection A of this Section, or connected to the
2 investigation of a burn injury report submitted to the office of state fire marshal in
3 accordance with R.S. 14:403.4.
4 D. The fire marshal shall issue a commission to any state arson investigator
5 who qualifies as P.O.S.T. certified to carry firearms allowing him to carry and use
6 firearms and to arrest individuals suspected of violating the crimes enumerated in
7 this Section.
8 E. The governing authority of a political subdivision may authorize the chief
9 of each fire protection district, each fire department, and each volunteer fire
10 department which is within that political subdivision to issue a commission to any
11 local arson investigator allowing him to carry and use firearms and to arrest
12 individuals suspected of violating crimes enumerated in this Section. The issuance
13 of a commission pursuant to this Subsection, the powers granted by those
14 commissions, and the use of firearms by the persons to whom those commissions are
15 issued shall be subject to all of the following provisions:
16 (1) The chief of each fire protection district, each fire department, and each
17 volunteer fire department who issues a commission to a local arson investigator may
18 require that the local arson investigator be certified by the Council on Peace Officer
19 Standards and Training or be qualified by the Council on Peace Officer Standards
20 and Training, or both.
21 (2) The chief of each fire protection district, each fire department, and each
22 volunteer fire department who requires that local arson investigators to whom that
23 chief issues commissions be P.O.S.T. certified or P.O.S.T. qualified, or both, shall
24 pay the cost of providing to those local arson investigators the training necessary to
25 obtain the P.O.S.T. certification or the P.O.S.T. qualification, or both.
26 (3) Local arson investigators who are required by their chief to be P.O.S.T.
27 certified or P.O.S.T. qualified, or both, are specifically authorized to attend any
28 school or training course which is operated by a commercial entity or which is
29 operated by a public agency and which is open to peace officers from more than one
Page 3 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 law enforcement agency. Each person or agency operating a school or a training
2 course which is attended by local arson investigators shall award the appropriate
3 document or documents to each local arson investigator who successfully completes
4 the requirements for P.O.S.T. certification or for P.O.S.T. qualification, or both. The
5 Louisiana Commission on Law Enforcement and Administration of Criminal Justice
6 and the Council on Peace Officer Standards and Training shall make the provisions
7 which are necessary to enable local arson investigators to attend the required schools
8 and training courses and for those local arson investigators who successfully
9 complete the requirements for P.O.S.T. certification or P.O.S.T. qualification, or for
10 both, to receive the appropriate documents to demonstrate the P.O.S.T. certification
11 or P.O.S.T. qualification, or both.
12 (4) Possession of a P.O.S.T. certification or P.O.S.T. qualification, or both,
13 by a local arson investigator shall not grant to that local arson investigator any
14 authority other than the authority granted by a commission issued pursuant to this
15 Subsection.
16 (5) The authority granted by a commission which is issued under the
17 provisions of this Subsection shall be limited to the powers, functions, duties, and
18 responsibilities which are set forth for local arson investigators in this Section. A
19 commission which is issued under the provisions of this Subsection shall not grant
20 any authority other than the powers, functions, duties, and responsibilities which are
21 set forth for local arson investigators in this Section.
22 (6) The authority to carry and use firearms which is granted to local arson
23 investigators by a commission which is issued under the provisions of this
24 Subsection is limited to the power to carry weapons while acting in the course and
25 scope of their duties as local arson investigators. Local arson investigators may
26 carry concealed weapons while acting in the course and scope of their duties, and the
27 provisions of R.S. 14:95 shall not apply to local arson investigators who carry
28 concealed weapons while acting in the course and scope of their duties.
Page 4 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 F. The fire marshal shall have the authority to commission local certified
2 arson investigators to serve on a multi-jurisdictional arson task force operated by the
3 fire marshal. The fire marshal shall have the power to promulgate rules and
4 regulations to accomplish the operations and functions of the task force and to issue
5 orders for the enforcement of such rules and regulations.
6 A.(1) The state fire marshal, the first assistant fire marshal, and each deputy
7 fire marshal shall have the authority to do all of the following while engaged in the
8 performance of their duties:
9 (a) Investigate and cause the arrest of individuals.
10 (b) Enforce the laws of the state.
11 (c) Perform any other related duties imposed upon them by law.
12 (2) The state fire marshal, the first assistant fire marshal, and each deputy
13 fire marshal may carry weapons concealed or exposed while in the performance of
14 their duties and shall be vested with the same authority and powers conferred by law
15 upon regular law enforcement officers of the state.
16 (3) The state fire marshal, the first assistant fire marshal, and each deputy
17 fire marshal shall have all immunities and defenses in any suit brought against them
18 as a consequence of acts performed in the course and scope of their employment.
19 B. The state fire marshal shall issue a commission that authorizes the
20 carrying of firearms to any state arson investigator who is certified in the use of
21 firearms by the Peace Officer Standards and Training Council. Any state arson
22 investigator who is issued a commission pursuant to this Subsection is authorized to
23 carry and use firearms and to arrest individuals suspected of committing a criminal
24 offense.
25 C.(1) The governing authority of a political subdivision may authorize the
26 chief of each fire protection district and each fire department to issue a commission
27 to any local arson investigator that allows the investigator to carry and use firearms
28 and to arrest individuals suspected of committing a criminal offense.
Page 5 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 (2) A local arson investigator who receives a commission pursuant to this
2 Subsection shall obtain P.O.S.T. firearm credentials. The chief of the fire protection
3 district or the fire department shall pay the cost of providing the necessary training
4 to a local arson investigator in order to obtain P.O.S.T. firearm credentials.
5 (3) A local arson investigator who is required to obtain P.O.S.T. firearm
6 credentials may attend any school or training course that is operated by a commercial
7 entity or a public agency and is open to peace officers from more than one law
8 enforcement agency. Each person or agency operating a school or a training course
9 that is attended by a local arson investigator shall award the appropriate
10 documentation to each local arson investigator who successfully completes the
11 requirements for obtaining P.O.S.T. firearm credentials. The Louisiana Commission
12 on Law Enforcement and Administration of Criminal Justice and the Council on
13 Peace Officer Standards and Training shall take any necessary action to enable a
14 local arson investigator to attend the required schools and training courses and to
15 ensure a local arson investigator receives the appropriate documents to demonstrate
16 that he has successfully obtained P.O.S.T. firearm credentials upon completion of the
17 required schooling and training.
18 (4) Possession of P.O.S.T. firearm credentials does not grant a local arson
19 investigator any authority beyond the scope of the commission issued pursuant to
20 this Subsection.
21 (5) The authority granted by a commission that is issued pursuant to this
22 Subsection shall be limited to only the powers, functions, duties, and responsibilities
23 that are established for a local arson investigator in this Section.
24 (6) The authority of a local arson investigator to carry and use firearms
25 pursuant to this Subsection is limited to the carrying of weapons while acting in the
26 course and scope of his official duties. A local arson investigator who carries a
27 concealed weapon pursuant to this Paragraph shall not be subject to criminal
28 prosecution for a violation of R.S. 14:95.
Page 6 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 (7) For purposes of this Subsection, "P.O.S.T. firearm credentials" means a
2 certification, qualification, or both, in the use of firearms by the Council on Peace
3 Officer Standards and Training.
4 D. The provisions of this Section shall be null and void on June 30, 2028.
5 Section 2. R.S. 40:1563.1.1 is hereby enacted to read as follows:
6 §1563.1.1. Authority to make arrests and carry firearms
7 A. The state fire marshal, the first assistant fire marshal, and each deputy fire
8 marshal, while engaged in the performance of their official duties, are authorized to
9 investigate and cause the arrest of individuals suspected of having committed any of
10 the following:
11 (1) R.S. 14:51 (Aggravated arson).
12 (2) R.S. 14.51.1 (Injury by arson).
13 (3) R.S. 14:52 (Simple arson).
14 (4) R.S. 14:52.1 (Simple arson of a religious building).
15 (5) R.S. 14:53 (Arson with intent to defraud).
16 (6) R.S. 14:54.1 (Communicating of false information of planned arson).
17 (7) R.S. 14:54.2 (Manufacture and possession of delayed action incendiary
18 devices).
19 (8) R.S. 14:54.3 (Manufacture and possession of a bomb).
20 (9) R.S. 14:54.5 (Fake explosive device).
21 (10) R.S. 14:59(A)(2) (Criminal mischief relative to the giving of any false
22 alarm of fire).
23 (11) R.S. 14:204 (Fire-raising on lands of another by criminal negligence).
24 (12) R.S. 14:205 (Fire-raising on lands of another with malice).
25 (13) R.S. 14:206 (Fire prevention interference).
26 (14) R.S. 14:206.1 (Engaging in life safety and property protection
27 contracting without authority).
28 (15) R.S. 14:327 (Obstructing a fireman).
29 (16) R.S. 15:562.5 (Failure to register).
Page 7 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 (17) R.S. 22:1924 (Insurance fraud; prohibited activities and sanctions).
2 (18) R.S. 22:1925 (Insurance fraud; automobile insurance policies).
3 (19) R.S. 40:1621 (Violation of fire marshal's orders limited to fire marshal
4 orders related to activities or instances determined by the fire marshal to pose an
5 immediate danger to life).
6 (20) Any other criminal laws that prohibit an attempt or conspiracy to
7 commit the offenses provided in this Subsection.
8 B. The officials enumerated in this Section are authorized to seize
9 contraband that is subject to forfeiture as provided in R.S. 14:54.4.
10 C. The state fire marshal, the first assistant fire marshal, and each deputy fire
11 marshal are authorized to investigate and cause the arrest of any of the following:
12 (1) A person suspected of committing any offense connected to the
13 investigation of any offense provided in Subsection A of this Section.
14 (2) A person connected to the investigation of a burn injury report that is
15 submitted to the office of state fire marshal in accordance with R.S. 14:403.4.
16 D. The state fire marshal shall issue a commission that authorizes the
17 carrying of firearms to any state arson investigator who is certified in the use of
18 firearms by the Peace Officer Standards and Training Council. Any state arson
19 investigator who is issued a commission pursuant to this Subsection is authorized to
20 carry and use firearms and to arrest individuals suspected of committing the offenses
21 provided in Subsection A of this Section.
22 E.(1) The governing authority of a political subdivision may authorize the
23 chief of each fire protection district and each fire department to issue a commission
24 to any local arson investigator that allows the investigator to carry and use firearms
25 and to arrest individuals suspected of committing the offenses provided in
26 Subsection A of this Section.
27 (2) A local arson investigator who receives a commission pursuant to this
28 Subsection shall obtain P.O.S.T. firearm credentials. The chief of the fire protection
Page 8 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 district or the fire department shall pay the cost of providing the necessary training
2 to a local arson investigator in order to obtain P.O.S.T. firearm credentials.
3 (3) A local arson investigator who is required to obtain P.O.S.T. firearm
4 credentials may attend any school or training course that is operated by a commercial
5 entity or a public agency and is open to peace officers from more than one law
6 enforcement agency. Each person or agency operating a school or a training course
7 that is attended by a local arson investigator shall award the appropriate
8 documentation to each local arson investigator who successfully completes the
9 requirements for obtaining P.O.S.T. firearm credentials. The Louisiana Commission
10 on Law Enforcement and Administration of Criminal Justice and the Council on
11 Peace Officer Standards and Training shall take any necessary action to enable a
12 local arson investigator to attend the required schools and training courses and to
13 ensure a local arson investigator receives the appropriate documents to demonstrate
14 that he has successfully obtained P.O.S.T. firearm credentials upon completion of the
15 required schooling and training.
16 (4) Possession of P.O.S.T. firearm credentials does not grant a local arson
17 investigator any authority beyond the scope of the commission issued pursuant to
18 this Subsection.
19 (5) The authority granted by a commission that is issued pursuant to this
20 Subsection shall be limited to only the powers, functions, duties, and responsibilities
21 that are established for a local arson investigator in this Section.
22 (6) The authority of a local arson investigator to carry and use firearms
23 pursuant to this Subsection is limited to the carrying of weapons while acting in the
24 course and scope of his official duties. A local arson investigator who carries a
25 concealed weapon pursuant to this Paragraph shall not be subject to criminal
26 prosecution for a violation of R.S. 14:95.
27 (7) For purposes of this Subsection, "P.O.S.T. firearm credentials" means a
28 certification, qualification, or both, in the use of firearms by the Council on Peace
29 Officer Standards and Training.
Page 9 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
1 Section 3. R.S. 40:1563.1 is hereby repealed in its entirety.
2 Section 4. This Section and Section 1 of this Act shall become effective upon
3 signature by the governor or, if not signed by the governor, upon expiration of the time for
4 bills to become law without signature by the governor, as provided by Article III, Section
5 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved
6 by the legislature, this Act shall become effective on the day following such approval.
7 Section 5. This Section and Sections 2 and 3 shall become effective on June 30,
8 2028.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 522 Original 2026 Regular Session Fontenot
Abstract: Provides relative to the authority of the state fire marshal to make arrests and
carry firearms.
Present law authorizes the state fire marshal, his employees, certified local authorities, and
state or municipal arson investigators, while engaged in the performance of their duties, to
investigate and arrest individuals suspected of committing certain criminal offenses.
Present law also authorizes these officials to seize contraband subject to forfeiture as
described in present law (R.S. 14:54.4).
Present law authorizes the state fire marshal and his employees to investigate and arrest any
person suspected of having committed any offense connected to the investigation of any of
the offenses provided in present law, or connected to the investigation of a burn injury report
submitted to the office in accordance with present law (R.S. 14:403.4).
Present law requires the state fire marshal to issue a commission to any state arson
investigator who qualifies as P.O.S.T. certified to carry firearms allowing him to carry and
use firearms and to arrest individuals suspected of committing the crimes provided in present
law.
Present law permits each governing authority of a political subdivision to authorize the chief
of each fire protection district, each fire department, and each volunteer fire department
within that political subdivision to issue a commission to any local arson investigator
allowing him to carry and use firearms and to arrest individuals suspected of committing the
crimes provided in present law.
Present law provides for conditions and requirements relative to the issuance of commission,
the powers and authority granted by those commissions, and the use of firearms by the
persons to whom those commissions are issued.
Present law provides relative to the membership and rulemaking of the multi-jurisdictional
arson task force.
Page 10 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
Proposed law removes these provisions of present law
Proposed law authorizes the state fire marshal and his employees to do all of the following
while engaged in the performance of their duties:
(1) Investigate and cause the arrest of individuals.
(2) Enforce the laws of the state.
(3) Perform any other related duties imposed upon them by law.
Proposed law authorizes the state fire marshal and his employees to carry weapons
concealed or exposed while in the performance of their duties. Further vests these
individuals with the same authority and powers as those of regular law enforcement officers
of the state.
Proposed law provides that the state fire marshal and his employees shall have all
immunities and defenses in any suit brought against them as a consequence of acts
performed in the course and scope of their employment.
Proposed law requires the state fire marshal to issue a commission to any state arson
investigator who is P.O.S.T. certified to carry firearms. Further permits a commissioned
state arson investigator to carry and use firearms and to arrest individuals suspected of
committing any criminal offenses.
Proposed law provides that the governing authority of a political subdivision may authorize
the chief of each fire protection district and each fire department to issue a commission to
any local arson investigator that allows the investigator to carry and use firearms and to
arrest individuals suspected of committing any criminal offenses.
Proposed law provides for conditions and requirements relative to the issuance of
commission, the powers and authority granted by those commissions, and the use of firearms
by the persons to whom those commissions are issued.
Proposed law defines the term "P.O.S.T. firearm credentials".
Proposed law shall become effective upon signature of governor or lapse of time for
gubernatorial action and shall become null and void on June 30, 2028.
Beginning on June 30, 2028:
Proposed law provides that the state fire marshal and his employees, while engaged in the
performance of their official duties, are authorized to investigate and cause the arrest of
individuals suspected of having committed certain criminal offenses.
Proposed law authorizes the state fire marshal and his employees to seize contraband subject
to forfeiture as described in present law (R.S. 14:54.4).
Proposed law authorizes the state fire marshal and his employees to investigate and arrest
any person suspected of having committed any offense connected to the investigation of any
of the offenses provided in proposed law, or connected to the investigation of a burn injury
report submitted to the office in accordance with present law (R.S. 14:403.4).
Proposed law requires the state fire marshal to issue a commission to any state arson
investigator who is P.O.S.T. certified to carry firearms, allowing him to carry and use
firearms and to arrest individuals suspected of committing the crimes provided in proposed
law.
Page 11 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-792 ORIGINAL
HB NO. 522
Proposed law permits each governing authority of a political subdivision to authorize the
chief of each fire protection district and each fire department within that political subdivision
to issue a commission to any local arson investigator allowing him to carry and use firearms
and to arrest individuals suspected of committing the crimes provided in proposed law.
Proposed law provides for conditions and requirements relative to the issuance of
commission, the powers and authority granted by those commissions, and the use of firearms
by the persons to whom those commissions are issued.
Proposed law defines the term "P.O.S.T. firearm credentials".
Proposed law (R.S. 40:1563.1) becomes effective upon signature of the governor or lapse
of time for gubernatorial action
Proposed law (R.S. 40:1563.1) is repealed on June 30, 2028.
Proposed law (R.S. 40:1563.1.1) becomes effective on June 30, 2028.
(Amends R.S. 40:1563.1; Adds R.S. 40:1563.1.1; Repeals R.S. 40:1563.1)
Page 12 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.