Louisiana 2014 2014 Regular Session

Louisiana House Bill HB13 Introduced / Bill

                    HLS 14RS-117	ORIGINAL
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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
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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
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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)