HLS 12RS-392 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 204
BY REPRESENTATIVE GUILLORY
WEAPONS/FIREARMS: Creates the crime of reckless discharge of a firearm in a
residential area
AN ACT1
To enact R.S. 14:95.2.3, relative to offenses affecting public safety; to create the crime of2
reckless discharge of a firearm on residential property; to provide for definitions; to3
provide for penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:95.2.3 is hereby enacted to read as follows: 6
ยง95.2.3. Reckless discharge of a firearm on residential property7
A. Reckless discharge of a firearm on residential property is the reckless or8
criminally negligent discharge of a firearm on or within one thousand feet of9
residential property.10
B. For the purposes of this Section:11
(1) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun,12
submachine gun, excluding black powder weapons, or assault rifle which is designed13
to fire or is capable of firing fixed cartridge ammunition or from which a shot or14
projectile is discharged by an explosive.15
(2) "Reckless or criminally negligent" means that although neither specific16
nor general criminal intent is present, there is such disregard of the interest of others17
that the offender's conduct amounts to a gross deviation below the standard of care18
expected to be maintained by a reasonably careful man under like circumstances.19 HLS 12RS-392 ENGROSSED
HB NO. 204
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) "Residential property" means any property which is wholly or partly used1
for or intended to be used for living or sleeping by human occupants. In areas that2
are zoned residential, buildings may include single family housing, multiple family3
housing such as apartments, duplexes, townhomes, condominiums, or mobile homes.4
C.(1) Whoever commits the crime of reckless discharge of a firearm on5
residential property shall be fined not more than five hundred dollars, imprisoned for6
not more than six months, or both.7
(2) On a second or subsequent conviction, whoever commits the crime of8
reckless or negligent discharge of a firearm on residential property shall be fined not9
more than one thousand dollars, imprisoned with or without hard labor for not more10
than one year, or both.11
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)]
Guillory HB No. 204
Abstract: Creates the crime of reckless discharge of a firearm on residential property.
Proposed law provides that reckless discharge of a firearm on residential property is the
reckless or criminally negligent discharge of a firearm on or within 1,000 feet of any
residential property.
Proposed law defines "firearm", "reckless or criminally negligent", and "residential".
Proposed law provides the following penalties:
(1)First offense - A fine of not more than $500, imprisonment for not more than six
months, or both.
(2)Second or subsequent offense - A fine of not more than $1,000, imprisonment with
or without hard labor for not more than one year, or both.
(Adds R.S. 14:95.2.3)