HLS 12RS-392 REENGROSSED
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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 on residential
property in unincorporated areas of a parish
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 in unincorporated areas of a3
parish; to provide for definitions; to provide for penalties; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:95.2.3 is hereby enacted to read as follows: 7
ยง95.2.3. Reckless discharge of a firearm on residential property in unincorporated8
areas of a parish9
A. Reckless discharge of a firearm on residential property in unincorporated10
areas of a parish is the reckless or criminally negligent discharge of a firearm on or11
within one thousand feet of residential property in unincorporated areas of a parish.12
B. For the purposes of this Section:13
(1) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun,14
submachine gun, excluding black powder weapons, or assault rifle which is designed15
to fire or is capable of firing fixed cartridge ammunition or from which a shot or16
projectile is discharged by an explosive.17
(2) "Reckless or criminally negligent" means having such disregard of the18
interest of others that, although neither specific nor general criminal intent is present,19
the offender's conduct amounts to a gross deviation below the standard of care20 HLS 12RS-392 REENGROSSED
HB NO. 204
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expected to be maintained by a reasonably careful man under like circumstances.1
"Reckless or criminally negligent" shall not be construed to include any discharge2
of a firearm in defense of a person or property.3
(3) "Residential property" means any property which is wholly or partly used4
for or intended to be used for living or sleeping by human occupants. In areas that5
are zoned residential, residential property may include single family housing,6
multiple family housing such as apartments, duplexes, townhomes, condominiums,7
or mobile homes.8
C.(1) Whoever commits the crime of reckless discharge of a firearm on9
residential property in unincorporated areas of a parish shall be fined not more than10
two hundred fifty dollars for a first offense.11
(2) On a second or subsequent conviction, whoever commits the crime of12
reckless discharge of a firearm on residential property in unincorporated areas of a13
parish shall be fined not more than five hundred dollars.14
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 in
unincorporated areas of a parish.
Proposed law provides that reckless discharge of a firearm on residential property in
unincorporated areas of a parish is the reckless or criminally negligent discharge of a firearm
on or within 1,000 feet of any residential property in unincorporated areas of a parish.
Proposed law defines "firearm", "reckless or criminally negligent", and "residential
property".
Proposed law provides the following penalties:
(1)First offense - A fine of not more than $250.
(2)Second or subsequent offenses - A fine of not more than $500.
Proposed law provides that it shall not be construed to include any discharge of a firearm in
defense of a person or property.
(Adds R.S. 14:95.2.3) HLS 12RS-392 REENGROSSED
HB NO. 204
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are additions.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added that the offense only applies to unincorporated areas of a parish.
2. Changed penalty provisions by reducing the fine amounts and removed the
possibility of imprisonment.
3. Added language providing that proposed law shall not be construed to include
the discharge of a firearm in defense of a person or property.