HLS 14RS-117 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 13 BY REPRESENTATIVE BADON WEAPONS/FIREARMS: Creates the crime of unlawful sales of firearms AN ACT1 To enact R.S. 14:95.1.4, relative to sales of firearms; to create the crime of unlawful sales2 of firearms; to provide for criminal penalties; to provide for verification of3 completion of a firearms safety or training course; to provide for a limitation of4 liability; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 14:95.1.4 is hereby enacted to read as follows: 7 ยง95.1.4. Unlawful sale of firearms8 A. It shall be unlawful for the holder of a Federal Firearms License to sell9 any firearm without verification that the purchaser has completed a firearms safety10 or training course as provided for in Subsection B of this Section.11 B. A purchaser shall verify that he has completed a firearms safety or12 training course by any of the following:13 (1) Completion of any National Rifle Association firearms safety or training14 course conducted by a National Rifle Association certified instructor.15 (2) Completion of any Department of Public Safety and Corrections16 approved firearms safety or training course available to the general public offered17 by a law enforcement agency, college, private or public institution, organization, or18 firearms training school.19 HLS 14RS-117 ORIGINAL HB NO. 13 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) Completion of any law enforcement firearms safety or training course1 approved by the Department of Public Safety and Corrections and offered for2 correctional officers, investigators, special deputies, or any division or subdivision3 of law enforcement or security enforcement.4 (4) Completion of a law enforcement training academy program certified by5 the Council on Peace Officer Standards and Training; however, any person retired6 from full-time service as a Louisiana peace officer need only demonstrate that he7 was properly certified by the Council on Peace Officer Standards and Training at the8 time of retirement.9 (5) Completion of a firearm and hunter education course approved by the10 Department of Wildlife and Fisheries and authorized pursuant to the provisions of11 R.S. 56:699.3.12 (6) Completion of arms training while serving with the armed forces of the13 United States or the national guard.14 (7) Possession of a current permit to carry a concealed handgun issued15 pursuant to the provisions of R.S. 40:1379.3.16 C.(1) A photocopy of a certificate of completion of the course, an affidavit17 from the instructor, school, organization, or entity that conducted or taught the18 course attesting to the completion of the course by the purchaser, or a copy of any19 document which shows completion of the course shall constitute evidence of20 qualification pursuant to Subsection B of this Section. Such proof shall be deemed21 to satisfy the requirements of this Section regardless of when the firearms safety or22 training course was completed.23 (2) It shall be illegal to intentionally present false, fraudulent, altered, or24 counterfeit documents to prove training in firearms in order to purchase a firearm.25 D.(1) Whoever violates the provisions of this Section by intentionally selling26 a firearm to a person who does not meet the criteria provided for in Subsection B of27 this Section shall be fined not more than five hundred dollars for a first offense and28 not more than one thousand dollars for a second or subsequent offense.29 HLS 14RS-117 ORIGINAL HB NO. 13 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) Whoever violates the provisions of this Section by intentionally1 presenting false, fraudulent, altered, or counterfeit documents to prove training in2 firearms in order to purchase a firearm shall be fined not more than one thousand3 dollars, imprisoned for not more than six months, or both.4 E. No Federal Firearms Licensee shall be liable for acts committed by the5 purchaser, unless the seller had actual knowledge at the time of the purchase that the6 purchaser was ineligible to purchase the firearm pursuant to the provisions of this7 Section.8 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)] Badon HB No. 13 Abstract: Creates the crime of unlawful sale of firearms and provides for criminal penalties. Proposed law provides that it shall be unlawful for the holder of a Federal Firearms License to sell any firearm without verification that the purchaser has completed a firearms safety or training course. Provides criminal penalties for intentionally selling a firearm to a person who does not meet the criteria provided for in proposed law, including a fine of not more than $500 for a first offense and not more than $1,000 for a second or subsequent offense. Proposed law provides for several methods by which the purchaser can verify that he has completed a firearms safety or training course. Proposed law provides that a photocopy of a certificate of completion of the course, an affidavit from the instructor, or a copy of any document which shows completion of the course shall constitute evidence of qualification of completion of a firearms safety or training course. Proposed law provides that it shall be illegal to intentionally present false, fraudulent, altered, or counterfeit documents to prove training in firearms in order to purchase a firearm. Provides criminal penalties of a fine of not more than $1,000, imprisonment for not more than six months, or both. Proposed law provides that no seller of firearms shall be liable for acts committed by the purchaser, unless the seller had actual knowledge at the time of the purchase that the purchaser was ineligible to purchase the firearm. (Adds R.S. 14:95.1.4)