Louisiana 2014 2014 Regular Session

Louisiana House Bill HB1066 Engrossed / Bill

                    HLS 14RS-102	REENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 1066
BY REPRESENTATIVES THOMPSON AND CARMODY
WEAPONS/HANDGUNS:  Provides with respect to federal background checks for
concealed handgun permit holders
AN ACT1
To amend and reenact R.S. 40:1379.3(C)(1) and (17), (K), and (T)(1), relative to2
qualifications for concealed handgun permits; to provide for the submission of3
certain information for persons seeking a concealed handgun permit who are not4
United States citizens; to require a federal background check before issuing a5
concealed handgun permit; to provide for penalties for using a suspended or revoked6
concealed handgun permit to purchase a firearm; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 40:1379.3(C)(1) and (17), (K), and (T)(1) are hereby amended and9
reenacted to read as follows: 10
§1379.3. Statewide permits for concealed handguns; application procedures;11
definitions12
*          *          *13
C.  To qualify for a concealed handgun permit, a Louisiana resident shall:14
(1)(a) Make sworn application to the deputy secretary of public safety15
services of the Department of Public Safety and Corrections. The providing of false16
or misleading information on the application or any documents submitted with the17
application shall be grounds for the denial or revocation of a concealed handgun18
permit. The application shall reflect training in pistols, revolvers, or both.  Any19
permittee under this Section shall notify the department of any address or name20
change within thirty days of the change.  Failure to timely notify the department of21 HLS 14RS-102	REENGROSSED
HB NO. 1066
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a name or address change may result in suspension of the permit for up to thirty1
days.2
(b) In the case of an applicant who is not a United States citizen, the3
applicant shall provide any alien or admission number issued by the United States4
Bureau of Immigration and Customs Enforcement and any basis, if applicable, for5
an exception to the prohibitions of 18 U.S.C. 922(g)(5)(B).6
*          *          *7
(17) Not be ineligible to possess or receive a firearm under 18 U.S.C.8
§922(g) or (n).9
*          *          *10
K. The department shall execute a thorough background investigation,11
including a criminal history check, of every applicant for the purpose of verifying12
the qualifications of the applicant pursuant to the requirements of this Section. For13
purposes of this Subsection, a background check shall be defined as a computer14
check of available on-line state records, and, if warranted, the fingerprints may be15
forwarded to the Federal Bureau of Investigation for a national criminal history16
record check.  In addition, the department shall submit an inquiry on every applicant17
to the National Instant Criminal Background Check System of the Federal Bureau18
of Investigation.19
*          *          *20
T.(1) Possession of a current and valid concealed handgun permit issued21
pursuant to this Section shall constitute sufficient evidence of the background check22
required pursuant to 18 U.S.C. 922(t)  provided that the appropriate waiver has been23
granted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. A24
person whose permit has been suspended or revoked by the department and who uses25
that permit to purchase a firearm from a licensed dealer knowing that the permit has26
been suspended or revoked shall be fined not more than five hundred dollars or27
imprisoned for not more than six months, or both.28
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HB NO. 1066
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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)]
Thompson	HB No. 1066
Abstract: Provides for a federal criminal history check prior to the issuance of a concealed
handgun permit.
Present law provides for the issuance of concealed handgun permits.
Present law provides for the qualifications and criteria required to be issued a concealed
handgun permit.
Proposed law retains present law.
Present law provides that an applicant for a concealed handgun permit shall not be ineligible
to possess a firearm under federal law.
Proposed law retains this provision of present law and adds that the applicant shall also not
be ineligible to receive a firearm under federal law.
Present law provides that state police execute a thorough background investigation,
including a criminal history check, of every applicant for the purpose of verifying the
qualifications of the applicant prior to issuing a concealed handgun permit.  Defines a
background check as a computer check of available on-line state records, and, if warranted,
the fingerprints may be forwarded to the FBI.
Proposed law retains these provisions of present law and further requires state police to make
an inquiry on every applicant to the FBI's National Instant Criminal Background Check
System.
Proposed law provides that if the applicant is not a U.S. citizen, the applicant shall provide
any alien or admission number issued by the U.S. Bureau of Immigration and Customs
Enforcement and any basis, if applicable, for an exception to the prohibitions from
possession of a firearm under federal law.
Proposed law provides that a person whose permit has been suspended or revoked by the
department and who uses that permit to purchase a firearm from a licensed dealer knowing
that the permit has been suspended or revoked shall be fined not more than $500, imprisoned
for not more than six months, or both.
(Amends R.S. 40:1379.3(C)(1) and (17), (K), and (T)(1))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added requirement that to be eligible to receive a concealed handgun permit, the
applicant shall not be ineligible to receive a firearm under federal law.
2. Retained the proposed law requirement for a federal criminal history check, but
substantially reworded that requirement. HLS 14RS-102	REENGROSSED
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House Floor Amendments to the engrossed bill.
1. Added penalty provisions for using a suspended or revoked concealed handgun
permit to purchase a firearm.