HLS 14RS-102 REENGROSSED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 * * *29 HLS 14RS-102 REENGROSSED HB NO. 1066 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 1066 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. House Floor Amendments to the engrossed bill. 1. Added penalty provisions for using a suspended or revoked concealed handgun permit to purchase a firearm.