Louisiana 2013 2013 Regular Session

Louisiana House Bill HB98 Comm Sub / Analysis

                    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)]
CONFERENCE COMMI TTEE REPORT DIGEST
House Bill No. 98 by Representative Thompson
Keyword and oneliner of the instrument as it left the House
WEAPONS/HANDGUNS:  Provides with respect to concealed handgun permits issued by
sheriffs
Report rejects Senate amendments which would have:
1. Required criteria and qualifications for the issuance of a concealed handgun permit 
issued by the sheriff which is valid only within the parish.
2. Made technical changes recommended by the Legislative Bureau.
3. Created an exception to the criminal provisions for the release of confidential information
regarding a permit holder for a concealed handgun permit if the concealed handgun
permit holder or applicant is charged with a felony offense involving the use of a
handgun.
Report amends the bill to:
1. Provide that qualification criteria and competence criteria are identical to the criteria for
the issuance of a concealed handgun permit issued by state police.
2. Provide that any fee charged by a sheriff is the same as the fee charged for the issuance of
a concealed handgun permit issued by state police.
3. Create exceptions to proposed law if a court orders the release of the information, if the
concealed handgun permit holder or applicant is charged with a felony offense involving
the use of a handgun, if the permit holder or applicant consents to the release of the
information, or if the information has been made public by the permit holder or applicant.
Digest of the bill as proposed by the Conference Committee
Present law authorizes a sheriff to issue a concealed handgun permit which is valid within the boundaries of a parish.
Proposed law retains this provision of present law.
Proposed law authorizes a sheriff to enter into a reciprocity agreement with a sheriff of a
contiguous parish to issue concealed handgun permits which are valid in both participating
parishes.  
Proposed law provides that qualifications and criteria for the issuance of such concealed handgun
permits by sheriffs are identical to the qualifications and criteria required for the issuance of a
concealed handgun permit issued by state police and provided for in 	present law.
Proposed law provides that any information in any application for a concealed handgun permit or
any information provided in connection with the application submitted to the sheriff's office shall
be held confidential and shall not be subject to any public records request nor shall the
information be considered as a public record.  Further provides that the sheriff shall not be
required to release any list of persons who applied for or received a permit for a concealed
handgun. 
Proposed law provides that absent a valid court order requiring the release of information, or
unless a recipient of a concealed handgun permit is charged with a felony offense involving the
use of a handgun, it shall be unlawful for any employee of the sheriff's office to intentionally
disseminate for publication any information contained in an application for a concealed handgun
permit or any information regarding the identity of any person who applied for or received a
concealed handgun permit.  Proposed law provides penalties for violations of a fine of not more
than $500, imprisonment for not more than six months, or both.
Proposed law further provides that penalties for a person other than a sheriff's employee who
intentionally releases or disseminates the information contained in a concealed handgun
application or permit shall include a fine of not more than $10,000, and may include
imprisonment for not more than six months.
Proposed law creates exceptions to proposed law if a court orders the release of the information,
if the concealed handgun permit holder or applicant is charged with a felony offense involving
the use of a handgun, if the permit holder or applicant consents to the release of the information,
or if the information has been made public by the permit holder or applicant.
Proposed law provides that the sheriff may assess the same fee assessed by state police for the
issuance of a concealed handgun permit.
Provides that proposed law shall not be construed to invalidate any concealed handgun permit
issued by the sheriff prior to Aug. 1, 2013.
(Amends R.S. 44:4.1(26); Adds R.S. 40:1379.1.1; Repeals R.S. 40:1379.1(G))