HLS 13RS-259 REENGROSSED Page 1 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 45 BY REPRESENTATIVES LOPINTO, ADAMS, STUART BISHOP, BROADWATER, BURFORD, TIM BURNS, CARMODY, CHAMPAGNE, CROMER, DOVE, GAROFALO, GISCLAIR, GUINN, HARRISON, HAZEL, HENRY, HENSGENS, HOFFMANN, IVEY, KLECKLEY, NANCY LANDRY, LEOPOLD, LORUSSO, MACK, JAY MORRIS, JIM MORRIS, PEARSON, PYLANT, SCHRODER, SEABAUGH, SIMON, TALBOT, THIBAUT, THOMPSON, WHITNEY, AND WILLMOTT Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. WEAPONS/FIREARMS: Creates the La. Manufactured Firearms and Ammunition Act AN ACT1 To enact Part V of Chapter 9 of Title 40 of the Louisiana Revised Statutes of 1950, to be2 comprised of R.S. 40:1821 through 1833, relative to the regulation of firearms; to3 create the Louisiana Manufactured Firearms and Ammunition Act; to provide for the4 issuance of a license to sell or manufacture Louisiana firearms, firearm accessories,5 and ammunition; to provide for qualifications for manufacturers and dealers; to6 provide for applicability; to provide for licensing fees; to create the Louisiana7 Manufactured Firearms and Ammunition Fund; to provide for the use of monies8 deposited into that fund; to provide criteria for purchasing a Louisiana manufactured9 firearm; to provide for the seizure and forfeiture of certain firearms; to provide for10 criteria for Louisiana firearms manufacturing facilities; to provide for rulemaking;11 to provide for definitions; to provide the interpretation of statutory construction; to12 provide for appeals of decisions of the department; and to provide for related13 matters.14 Be it enacted by the Legislature of Louisiana:15 Section 1. Part V of Chapter 9 of Title 40 of the Louisiana Revised Statutes of 1950,16 comprised of R.S. 40:1821 through 1833, is hereby enacted to read as follows: 17 HLS 13RS-259 REENGROSSED HB NO. 45 Page 2 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. PART V. LOUISIANA MANUFACTURED FIREARMS AND AMMUNITION1 §1821. Short title2 This Part shall be known and may be cited as the "Louisiana Manufactured3 Firearms and Ammunition Act".4 §1822. Legislative findings5 (1) The Louisiana Legislature recognizes the authority of the United States6 Congress to regulate matters of commerce between states, and also recognizes that7 Article VI, Section 2 of the Constitution of the United States proclaims that such8 laws made under the authority of the United States shall be the supreme law of the9 land.10 (2) The Tenth Amendment of the Constitution of the United States provides11 that, "[t]he powers not delegated to the United States by the Constitution, nor12 prohibited by it to the States, are reserved to the States respectively, or to the13 people."14 (3) The Ninth Amendment of the Constitution of the United States provides15 that, "[t]he enumeration in the Constitution, of certain rights, shall not be construed16 to deny or disparage others retained by the people."17 (4) In the absence of a constitutional prohibition, or a specific delegation of18 authority to the United States government, all regulation of intrastate commerce is19 expressly reserved to the authority of the states.20 (5) The Second Amendment of the Constitution of the United States provides21 that, "[a] well regulated Militia, being necessary to the security of a free State, the22 right of the people to keep and bear Arms, shall not be infringed."23 (6) Article I, Section 11 of the Constitution of Louisiana provides that, "The24 right of each citizen to keep and bear arms is fundamental and shall not be infringed.25 Any restriction on this right shall be subject to strict scrutiny."26 (7) The state of Louisiana has a compelling interest in protecting and27 preserving the fundamental rights of its citizens to keep and bear arms. The28 HLS 13RS-259 REENGROSSED HB NO. 45 Page 3 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. provisions of this Part are intended to preserve and protect the right to keep and bear1 arms within the borders of the state of Louisiana.2 (8) It is the express intention of the Louisiana Legislature that the provisions3 of this Part shall provide for the manufacturing and sales of certain firearms, firearm4 accessories, and ammunition which are manufactured solely within the borders of the5 state of Louisiana.6 (9) The Louisiana Legislature declares that the provisions of this Part are7 deemed to be matters of intrastate commerce and are not subject to federal regulation8 through regulation of commerce between the states.9 §1823. Definitions10 A. For the purposes of this Part, the following terms shall have the following11 meanings:12 (1) "Department" means the Department of Public Safety and Corrections.13 (2) "Key firearm components" means the essential components of a firearm,14 including but not limited to the barrel, trigger, sear, striker, receiver, bolt, and15 magazine.16 (3) "Louisiana firearms dealer" means any person who has been issued a17 dealer's license as provided for in this Part and is engaged in this state in the business18 of selling any Louisiana manufactured firearm, firearm accessories, or ammunition.19 (4) "Louisiana firearms manufacturer" means any person who has been20 issued a manufacturer's license as provided for in this Part and is engaged in this21 state in the business of manufacturing any Louisiana manufactured firearm, firearm22 accessories, or ammunition.23 (5) "Louisiana manufactured" means creating a firearm, a firearm accessory,24 or ammunition from basic components for functional usefulness, including but not25 limited to machining, milling and turning, anodizing and plating, grinding, stamping,26 assembly and finishing, or other processes for working materials manufactured27 within the state of Louisiana pursuant to the provisions of this Part.28 HLS 13RS-259 REENGROSSED HB NO. 45 Page 4 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (6) "Louisiana manufactured ammunition" means any projectiles with their1 fuses, propelling charges, or primers fired from any firearm which are manufactured2 in Louisiana pursuant to the provisions of this Part.3 (7) "Louisiana manufactured firearm" means any pistol, revolver, rifle,4 shotgun, machine gun, or submachine gun, which is designed to fire or is capable of5 firing fixed cartridge ammunition or from which shot or a projectile is discharged by6 an explosive and which is manufactured within the state of Louisiana pursuant to the7 provisions of this Part. "Firearm" shall not include machine guns or other firearms8 defined and regulated by the provisions of Part I or Part II of Chapter 9 of Title 409 of the Louisiana Revised Statutes of 1950.10 (8) "Louisiana manufactured firearm accessories" means items that are used11 in conjunction with or mounted upon a firearm but are not essential to the basic12 function of a firearm, including but not limited to telescopic or laser sights,13 magazines, flash or sound suppressors, folding or aftermarket stocks and grips,14 ammunition carriers, and lights for target illumination which are manufactured in15 Louisiana pursuant to the provisions of this Part.16 (9) "Louisiana manufacturing firearms facility" is a facility which has been17 issued a permit for the production of Louisiana manufactured firearms, firearm18 accessories, and ammunition.19 (10) "Non-key firearm components" includes but is not limited to springs,20 screws, nuts, and pins.21 §1824. License to sell Louisiana firearms, firearm accessories, or ammunition;22 qualifications for licensure23 A. No person shall sell Louisiana manufactured firearms, Louisiana24 manufactured firearm accessories, or Louisiana manufactured ammunition without25 having first been issued a license by the department to sell Louisiana manufactured26 firearms, firearm accessories, or ammunition.27 B. The holder of a Louisiana firearms dealer's license issued pursuant to the28 provisions of this Section shall authorize the holder of that license to sell Louisiana29 HLS 13RS-259 REENGROSSED HB NO. 45 Page 5 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. manufactured firearms, firearm accessories, and ammunition pursuant to the1 provisions of this Part.2 C. The holder of a Louisiana firearms dealer's license issued pursuant to the3 provisions of this Section shall maintain records of the shipment, receipt, sale, or4 other disposition or acquisition of Louisiana manufactured firearms, firearm5 accessories, and ammunition at his place of business for such period, and in such6 form, as the department requires through rules adopted pursuant to the provisions of7 R.S. 40:1826.8 D. To qualify for a license to sell Louisiana manufactured firearms, firearm9 accessories, or ammunition, a person shall:10 (1) Make sworn application to the deputy secretary of public safety services11 of the department. The submission of false or misleading information on the12 application or any documents submitted with the application shall be grounds for the13 denial or revocation of a Louisiana firearm dealer's license. Additionally, any14 applicant who provides false or misleading information shall be fined not more than15 two thousand dollars.16 (2) Be a resident of the state.17 (3) Be twenty-one years of age or older.18 (4) Not suffer from a mental or physical infirmity due to disease, illness, or19 condition which prevents the safe handling of a firearm.20 (5) Not be ineligible to possess a firearm by virtue of having been convicted21 of a felony.22 (6) Not have been committed, either voluntarily or involuntarily, for the23 abuse of a controlled dangerous substance, as defined by R.S. 40:961 and 964, or24 been found guilty of, or entered a plea of guilty or nolo contendere to a misdemeanor25 under the laws of this state or similar laws of any other state relating to a controlled26 dangerous substance within a five-year period immediately preceding the date on27 which the application is submitted, or be presently charged under indictment or a bill28 of information for such an offense.29 HLS 13RS-259 REENGROSSED HB NO. 45 Page 6 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (7) Not chronically and habitually use alcoholic beverages to the extent that1 his normal faculties are impaired. It shall be presumed that an applicant chronically2 and habitually uses alcoholic beverages to the extent that his normal faculties are3 impaired if the applicant has been found guilty of, or entered a plea of guilty or nolo4 contendere to operating a vehicle while intoxicated, or has been admitted, either5 voluntarily or involuntarily, for treatment as an alcoholic, within the five-year period6 immediately preceding the date on which the application is submitted, or at any time7 after the application has been submitted.8 (8) Not have entered a plea of guilty or nolo contendere to or been found9 guilty of a crime of violence as defined in R.S. 14:2(B).10 (9) Not have been convicted of, have entered a plea of guilty or nolo11 contendere to, or not be charged under indictment or a bill of information for any12 crime of violence or any crime punishable by imprisonment for a term of one year13 or greater. A conviction, plea of guilty, or plea of nolo contendere under this14 Paragraph shall include an expungement of such conviction or a dismissal and15 conviction set-aside under the provisions of Code of Criminal Procedure Article 893.16 (10) Not be a fugitive from justice.17 (11) Not be an unlawful user of, or addicted to, marijuana, depressants,18 stimulants, or narcotic drugs.19 (12) Not have been adjudicated to be mentally deficient or been committed20 to a mental institution.21 (13) Not be an illegal alien in the United States.22 (14) Not have been discharged from the Armed Forces of the United States23 with a discharge characterized as "Under Other than Honorable Conditions", a "Bad24 Conduct Discharge", or a "Dishonorable Discharge". In the case of Commissioned25 Officers and Warrant Officers of the United States Armed Forces, the punishment26 of "Dismissal" rendered subject to a verdict of "guilty" at a trial by military court-27 martial is deemed to be disqualifying under this Paragraph. For the purposes of this28 Paragraph, the United States Coast Guard is considered an armed force.29 HLS 13RS-259 REENGROSSED HB NO. 45 Page 7 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (15) Not be ineligible to possess a firearm under 18 U.S.C. 922(g).1 (16) Not have had a license denied within one year prior to the most recent2 application.3 (17) Not have had a license revoked within four years prior to the most4 recent application.5 (18) Be likely to conduct business as authorized by this Part in complete6 compliance with the provisions of this Part.7 (19) Meet any other criteria provided for by rules adopted by the department8 pursuant to R.S. 40:1826.9 E. The department shall not be required to issue a license to sell Louisiana10 firearms, firearm accessories, or ammunition pursuant to the provisions of this11 Section until it has issued a manufacturing license pursuant to the provisions of R.S.12 40:1825 and has adopted rules pursuant to the provisions of R.S. 40:1826 to13 implement the provisions of this Section.14 §1825. License to manufacture Louisiana manufactured firearms, firearm15 accessories, and ammunition; qualifications for licensure16 A. No person shall manufacture a Louisiana manufactured firearm, firearm17 accessory, or ammunition without having first been issued a license to manufacture18 Louisiana manufactured firearms, firearm accessories, or ammunition issued by the19 department.20 B. To qualify for a license to manufacture Louisiana manufactured firearms,21 firearm accessories, or ammunition, a Louisiana resident shall:22 (1) Make sworn application to the deputy secretary of public safety services23 of the department and meet the criteria for licensing provided for in R.S. 40:1824(D)24 and in rules adopted pursuant to the provisions of R.S. 40:1826. The submission of25 false or misleading information on the application or any documents submitted with26 the application shall be grounds for the denial or revocation of a Louisiana firearm27 dealer's license. Additionally, any applicant who provides false or misleading28 information shall be fined not more than two thousand dollars.29 HLS 13RS-259 REENGROSSED HB NO. 45 Page 8 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) Include with the application a detailed description of the types of1 Louisiana manufactured firearms, firearm accessories, or ammunition the licensee2 intends to manufacture.3 C. The department shall inspect the facility where the Louisiana4 manufactured firearms, firearm accessories, or ammunition will be manufactured and5 determine all of the following:6 (1) That the facility has the capacity to provide for the secure storage of7 Louisiana manufactured firearms, firearm accessories, and ammunition.8 (2) That the facility has sufficient means to ensure that the licensee can9 provide adequate inventory accountability to the department.10 D. The holder of a Louisiana firearms manufacturer's license issued pursuant11 to the provisions of this Part shall authorize the holder of that license to manufacture12 firearms, firearm accessories, and ammunition in Louisiana pursuant to the13 provisions of this Part.14 E. The holder of a Louisiana firearms manufacturer's license issued pursuant15 to the provisions of this Part shall maintain records of the manufacture, shipment,16 receipt, sale, or other disposition or acquisition of Louisiana manufactured firearms,17 firearm accessories, and ammunition at his place of business for such period, and in18 such form, as the department requires through rules adopted pursuant to the19 provisions of R.S. 40:1826.20 F. The provisions of this Section shall not be construed or interpreted to21 require that any federally licensed manufacturer of firearms which is domiciled in22 the state of Louisiana obtain a license to manufacture firearms as provided for in this23 Section unless it chooses to avail itself of the provisions of this Part.24 §1826. Rulemaking authority25 A. The department shall adopt rules to implement the provisions of this Part.26 B. All rules shall be adopted pursuant to the Administrative Procedure Act.27 HLS 13RS-259 REENGROSSED HB NO. 45 Page 9 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C. Any rules adopted pursuant to the provisions of this Section shall be1 subject to legislative oversight by the House Committee on the Administration of2 Criminal Justice and the Senate Committee on Judiciary C.3 §1827. Fees4 A.(1) The department shall assess a fee not to exceed one thousand dollars5 for a license to manufacture Louisiana manufactured firearms, firearm accessories,6 or ammunition.7 (2) The department shall assess a fee not to exceed two hundred dollars for8 a license to sell Louisiana manufactured firearms, firearm accessories, or9 ammunition.10 (3) All fees shall be submitted with the application to cover the11 administrative costs of the investigation, inspection, and other services required to12 process and issue the license or permit.13 (4) The term of the licenses authorized by the provisions of this Part shall be14 two years.15 B. Fees received by the department as authorized in this Section and fines16 collected pursuant to this Part shall be deposited immediately upon receipt into the17 state treasury.18 C. After compliance with the requirements of Article VII, Section 9(B) of19 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,20 and prior to monies being placed in the state general fund, an amount equal to that21 deposited as required by Subsection B of this Section shall be credited to a special22 fund hereby created in the state treasury to be known as the "Louisiana Manufactured23 Firearms and Ammunition Fund". The monies in this fund shall be used solely as24 provided for in Subsection D of this Section and only in the amounts appropriated25 by the legislature. All unexpended and unencumbered monies in this fund at the end26 of the fiscal year shall remain in such fund. The monies in this fund shall be invested27 by the state treasurer in the same manner as monies in the state general fund and28 interest earned on the investment of these monies shall be credited to this fund,29 HLS 13RS-259 REENGROSSED HB NO. 45 Page 10 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. again, following compliance with the requirement of Article VII, Section 9(B) of the1 Constitution of Louisiana relative to the Bond Security and Redemption Fund.2 D. The monies in the Louisiana Manufactured Firearms and Ammunition3 Fund shall be used solely to implement the provisions of this Part.4 §1828. Louisiana manufactured firearms; identification markings5 A. Each manufacturer of any Louisiana manufactured firearm shall identify6 the firearm with a number or other identification mark approved by the department7 and shall mark, stamp, or otherwise place the number or mark thereon in a manner8 approved by the department.9 B. The identification mark shall clearly state "made in Louisiana".10 §1829. Criminal background information11 A. Prior to selling a Louisiana manufactured firearm, a dealer shall12 determine whether the purchaser is eligible to purchase a Louisiana manufactured13 firearm pursuant to the provisions of R.S. 40:1830 and shall request a criminal14 history records check from the Louisiana Bureau of Criminal Identification and15 Information as provided for in R.S. 15:587.16 B.(1) Upon receiving a request pursuant to the provisions of this Section, the17 bureau shall survey its criminal history records and identification files and make a18 simultaneous request of the Federal Bureau of Investigation for like information19 from other jurisdictions.20 (2) The department shall review the criminal history of the purchaser and21 provide a response of "approved" or "denied" of the transaction to the dealer. No22 dealer shall proceed with the transaction unless the transaction is approved by the23 department.24 C. The department may specify in the rules the manner or format the25 information is conveyed in order to facilitate the sale of Louisiana manufactured26 firearms, firearm accessories, and ammunition.27 HLS 13RS-259 REENGROSSED HB NO. 45 Page 11 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1830. Requirements to purchase a Louisiana manufactured firearm1 A. To purchase a Louisiana manufactured firearm, the purchaser shall make2 sworn application to purchase a Louisiana manufactured firearm authorizing the3 dealer to request a criminal records check as provided for in R.S. 40:1829. The4 submission of false or misleading information on the application or any documents5 submitted with the application shall subject the applicant to a fine of not more than6 five thousand dollars, imprisonment with or without hard labor for not more than two7 years, or both.8 B. To be eligible to purchase a Louisiana manufactured firearm, a person9 shall meet all of the following criteria:10 (1) Be a resident of the state.11 (2) Be at least eighteen years of age for the purchase of a Louisiana12 manufactured firearm other than a handgun and at least twenty-one years of age for13 the purchase of a Louisiana manufactured handgun.14 (3) Declare that the purchaser is the transferee of the firearm, unless15 purchased as a gift for a person who is not ineligible to possess a firearm.16 (4) Not be ineligible to possess a firearm pursuant to the provisions of R.S.17 14:95.1.18 (5) Not be a fugitive from justice.19 (6) Not be an unlawful user of, or addicted to, marijuana, depressants,20 stimulants, or narcotic drugs.21 (7) Not have been adjudicated to be mentally deficient or been committed22 to a mental institution.23 (8) Not be an illegal alien in the United States.24 (9) Not having been a citizen of the United States, renounced his citizenship.25 (10) Not have been discharged from the Armed Forces of the United States26 with a discharge characterized as "Under Other than Honorable Conditions", a "Bad27 Conduct Discharge", or a "Dishonorable Discharge". In the case of Commissioned28 Officers and Warrant Officers of the United States Armed Forces, the punishment29 HLS 13RS-259 REENGROSSED HB NO. 45 Page 12 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. of "Dismissal" rendered subject to a verdict of "guilty" at a trial by military court-1 martial is deemed to be disqualifying under this Paragraph. For the purposes of this2 Paragraph, the United States Coast Guard is considered an armed force.3 (11) Not be subject to a court order that restricts the possession or use of a4 firearm.5 (12) Not have been convicted in any court of a misdemeanor crime of6 domestic violence.7 §1831. Seizure and forfeiture of weapons; disposition thereof8 A. Any Louisiana manufactured firearm purchased or manufactured in9 violation of the provisions of this Part may be seized by the department. Upon10 seizure, the firearm shall be forfeited to the state and may be disposed of by the11 department pursuant to this Section.12 B. No Louisiana manufactured firearm shall be sold at public sale. The13 department may order the Louisiana manufactured firearm to be destroyed, sell it at14 private sale to any political subdivision of the state or to any officer thereof, or retain15 it for its own use.16 §1832. Federal law exclusions; interpretation of Part17 A. A Louisiana manufactured firearm, firearm accessory, or ammunition that18 is manufactured commercially or privately in Louisiana pursuant to the provisions19 of this Part and which remains within the borders of Louisiana is not subject to20 federal law or federal regulation, including registration, under the authority of21 congress to regulate interstate commerce. It is declared by the Louisiana Legislature22 that those items have not traveled in interstate commerce.23 B. It is the express intention of the Louisiana Legislature that the courts24 interpret the provisions of this Part not to apply to interstate commerce only with25 respect to Louisiana manufactured firearms, firearm accessories, or ammunition26 which have been manufactured solely within the state of Louisiana from basic27 materials and are composed only of key firearm components which have not been28 imported into this state.29 HLS 13RS-259 REENGROSSED HB NO. 45 Page 13 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C. It is the express intention of the Louisiana Legislature that non-key1 firearm components that have other manufacturing or consumer product applications2 are not Louisiana manufactured firearms, firearm accessories, or ammunition, and3 that their importation into Louisiana and incorporation into a firearm, firearm4 accessory, or ammunition manufactured in Louisiana shall not subject the Louisiana5 manufactured firearm, firearm accessory, or ammunition to federal regulation.6 D. It is declared by this legislature that basic components, such as un-7 machined steel, aluminum and other alloys, plastics, and unshaped wood, are not8 Louisiana manufactured firearms, firearm accessories, or ammunition and are not9 subject to congressional authority to regulate Louisiana manufactured firearms,10 firearm accessories, and ammunition under interstate commerce as if they were11 actually firearms, firearm accessories, or ammunition.12 E. The authority of congress to regulate interstate commerce in basic13 materials shall not include the authority to regulate Louisiana manufactured firearms,14 firearm accessories, and ammunition made in Louisiana from those materials.15 §1833. Appeals of decisions of the department16 All appeals from any decision of the department shall be filed within twenty17 days of notice of the decision in the Nineteenth Judicial District Court and shall be18 reviewed solely on the record.19 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)] Lopinto HB No. 45 Abstract: Provides for the licensure of persons to sell or manufacture firearms, firearm accessories, and ammunition manufactured in the state of La., and provides that the selling or manufacturing of such items are not subject to federal regulation. Present federal law provides for the regulation of the sale of firearms and firearm accessories. Art. I, §8 of the U.S. Constitution also provides that congress has the authority to regulate interstate commerce. Proposed law establishes an alternative regulatory scheme for the manufacture of firearms, firearm accessories, and ammunition within the boundaries of the state of La. HLS 13RS-259 REENGROSSED HB NO. 45 Page 14 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law provides that firearms, firearm accessories, and ammunition manufactured in the state of La. and which remain within the borders of La. are not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. Proposed law provides definitions including "key firearm components", "La. firearms dealer", "Louisiana firearms manufacturer", "La. manufactured", "La. manufactured ammunition", "La. manufactured firearm", "La. manufactured firearm accessories", "La. manufacturing firearms facility", and "non-key firearm components". Proposed law establishes qualifications and criteria for the issuance of a license to sell (dealer's license) La. manufactured firearms, firearm accessories, and ammunition. Proposed law provides that DPS&C shall not be required to issue a license to sell Louisiana manufactured firearms, accessories, or ammunition until it has issued a manufacturing license. Proposed law establishes the qualifications and criteria for the issuance of a license to manufacture La. manufactured firearms, firearm accessories, and ammunition. Further provides for the inspection of the manufacturing facility. Provides that DPS&C may establish rules for the implementation of proposed law. Proposed law requires dealers and manufacturers to maintain records of the manufacture, shipment, receipt, sale, or other disposition of La. manufactured firearms, firearm accessories, and ammunition. Proposed law authorizes DPS&C to assess a fee not to exceed $1,000 for a manufacturer's license and a fee not to exceed $200 for a dealer's license. Proposed law also creates the La. Manufactured Firearms and Ammunition Fund and provides for the administration and use of the fund. Proposed law requires that all La. manufactured firearms be identified and stamped "made in La". Provides that proposed law shall not be construed to require a federally licensed firearms manufacturer domiciled in Louisiana to obtain a Louisiana manufactured firearms license unless the applicant wants to avail itself of the provisions of proposed law. Present federal law provides that in order for a person to purchase a firearm, a Federal Firearms Licensee shall submit the name of the prospective buyer to the National Instant Criminal Background Check System (NCIS) maintained by the FBI. Proposed law creates an alternative background check procedure which originates with state police and provides for access to NCIS. Proposed law establishes criteria for the purchase of a La. manufactured firearm. Provides for the seizure and forfeiture of La. manufactured firearms which are purchased or manufactured in violation of proposed law. Proposed law provides for appeals of decisions of the department to the 19 th JDC. (Adds R.S. 40:1821-1833) HLS 13RS-259 REENGROSSED HB NO. 45 Page 15 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Summary of Amendments Adopted by House House Floor Amendments to the engrossed bill. 1. Added that rules adopted pursuant to proposed law are subject to legislative oversight by the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary C. 2. Added that the department does not have to issue a license to sell Louisiana manufactured firearms, accessories, or ammunition until it has issued a manufacturer's license. 3. Added provision that proposed law shall not be construed to require a federally licensed firearms manufacturer domiciled in Louisiana to obtain a Louisiana manufactured firearms license unless the applicant wants to avail itself of the provisions of proposed law. 4. Defined "Louisiana firearms manufacturer".