HLS 10RS-348 ORIGINAL Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 141 BY REPRESENTATIVE WOOTON WEAPONS/FIREARMS: Provides that applications to possess or transfer certain firearms may be filed on approved electronic forms AN ACT1 To amend and reenact R.S. 40:1784, relative to applications to possess or transfer certain2 firearms; to provide for the use of electronic applications approved by the3 Department of Public Safety and Corrections for the possession or transfer of certain4 firearms; to provide that applications for the possession or transfer of certain5 firearms may be filed electronically; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 40:1784 is hereby amended and reenacted to read as follows: 8 ยง1784. Application to possess or transfer; use of information or evidence9 A. No person shall continue to possess or shall transfer any firearm without10 the prior approval of the department. Interested persons Any person seeking11 approval from the department shall file written applications in duplicate on12 application forms issued in blank for those purposes by the department, or13 electronically as approved by the department. In the case of transfers of any firearm,14 applications shall be filed by both the proposed vendor and the proposed vendee.15 B. The applications shall set forth, in the original and duplicate, or16 electronically, the manufacturer's number or other mark identifying the firearm.17 Both the original and duplicate, or electronic application, shall be forwarded to the18 department. If approved, the original shall be returned or notice shall be issued to19 the applicant.20 HLS 10RS-348 ORIGINAL HB NO. 141 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C. No information or evidence obtained from an application, registration, or1 records required to be submitted or retained by a natural person in order to comply2 with any provision of this Part or regulations issued thereunder shall, except as3 provided by the laws on perjury or false swearing, be used, directly or indirectly, as4 evidence against that person in a criminal proceeding with respect to a violation of5 law occurring prior to or concurrently with the filing of the application or6 registration, or the compiling of the records containing the information or evidence.7 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)] Wooton HB No. 141 Abstract: Authorizes the use of electronic forms for applications to possess or transfer certain firearms. Present law defines "firearm" as a shotgun having a barrel of less than 18 inches in length; a rifle having a barrel of less than 16 inches in length; any weapon made from either a rifle or a shotgun if the weapon has been modified to have an overall length of less than 26 inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, flame thrower, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not been identified as firearms in present law from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition. Present law defines "transfer" as the sale, assignment, pledge, lease, loan, gift, or other disposition of any firearm. Proposed law retains the provisions of present law and provides that applications for the possession or transfer of certain firearms may be filed electronically if those forms are approved by DPS&C. (Amends R.S. 40:1784)