Louisiana 2013 2013 Regular Session

Louisiana House Bill HB45 Engrossed / Bill

                    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".