Louisiana 2010 2010 Regular Session

Louisiana House Bill HB141 Introduced / Bill

                    HLS 10RS-348	ORIGINAL
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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
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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)