The AG in Op. No. 12-0242 required strict compliance with the statute for a municipal police officer to purchase his firearm. In this question, the officer only had 16 years, while the statute required twenty. He was not allowed to purchase his weapon.

The two main requirements in the statutes are retirement following a specified time in service (generally 20 years; however, in the case of sheriffs and deputy sheriffs, there is no specified time in service required) and of which retirement system the officer is a member in good standing. The other important question is to determine if the specific officer fits all the requirements of the applicable statute. In the specific question about Marshals, the answer appears to be it is not allowed, because the position is in a different retirement system (MERS) than required in the statutes. Here are the statutes allowing certain law enforcement personnel to purchase their firearms at retirement.

1. Any municipal police officer who retires with at least twenty years of active service and who is in good standing with the Municipal Police Employees' Retirement System shall be entitled to purchase his firearm at fair market value upon retirement, subject to approval by the chief of police. R.S. 11:2235

2. Any sheriff or deputy sheriff who retires and who is in good standing with the Louisiana Sheriffs' Pension and Relief Fund shall be entitled to purchase his firearm at fair market value upon retirement, subject to approval by the sheriff. R.S. 11:2185

3. Any peace officer, as defined by R.S. 40:2402(1)(a)*, who is employed by the Department of Public Safety and Corrections, office of state police, other than state troopers, has at least twenty years of active service, and retires under the provisions of R.S. 11:441 (LASERS) shall be entitled to purchase his firearm at fair market value, upon retirement, subject to the approval of the deputy secretary of public safety services of the Department of Public Safety and Corrections. R.S. 11:609

(*La. Rev. Stat. Ann. § 40:2402*(3)(a) “Peace officer” means any full-time employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department.

(b) “Peace officer” shall also include those sheriff's deputies whose duties include the care, custody, and control of inmates.
(c) “Peace officer” shall also include full-time military police officers within the Military Department, State of Louisiana.
(d) “Peace officer” shall also include full-time security personnel employed by the Supreme Court of the state of Louisiana.)

4. Any member of the State Employees' Retirement System who is a commissioned officer of the Louisiana Department of Public Safety and Corrections, division of probation and parole, who has at least twenty years of active service and who retires under the provisions of R.S. 11:441 (LASERS) or 602, as may be applicable, shall be entitled to purchase his firearm at fair market value upon retirement, subject to the approval of the director of the division of probation and parole. R.S. 11:608

5. Any member of the system who is a commissioned member of the Louisiana Department of Wildlife and Fisheries law enforcement division who has at least twenty years of active service and who retires under the provisions of R.S. 11:582 shall be entitled to purchase his firearm at fair market value, upon retirement, subject to the approval of the chief of the law enforcement division. R.S. 11:592

6. Any member of the system who is a commissioned member of the office of state police who has at least twenty years of active service and who retires under the provisions of this Section shall be entitled to purchase his firearm at fair market value, upon retirement, subject to the approval of the deputy secretary of public safety services of the department. R.S. 11:1307(B)

Recent AG Op: A municipal police officer retiring with 16 years of active service may not purchase his firearm using the provisions of La. R.S. 11:2235 or 33:4712(G). These statutes would allow a municipal police officer who retires with at least 20 years of active service to purchase his firearm at fair market value. Otherwise, in order to dispose of the firearm, the police department must declare it surplus property and follow all of the steps required by law in order to effect the sale. AG Op. No. 12-0242 (Mar. 27, 2013)