HLS 14RS-190 ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 17
BY REPRESENTATIVE LOPINTO
WEAPONS/FIREARMS: Provides relative to the illegal possession of stolen firearms
AN ACT1
To amend and reenact R.S. 14:69.1(A), relative to illegal possession of stolen firearms; to2
amend the elements of the crime; to provide for an affirmative defense; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:69.1(A) is hereby amended and reenacted to read as follows: 6
ยง69.1. Illegal possession of stolen firearms7
A.(1) Illegal possession of stolen firearms is the intentional possessing,8
procuring, receiving, or concealing of a firearm which has been the subject of any9
robbery or theft under circumstances which indicate that the offender knew or should10
have known that the firearm was the subject of a robbery or theft form of11
misappropriation.12
(2) It shall be an affirmative defense to a prosecution for a violation of this13
Section that the offender had no knowledge that the firearm was the subject of any14
form of misappropriation.15
(3) It shall be an affirmative defense to a prosecution for a violation of this16
Section that the alleged offender has or had possession of the firearm pursuant to his17
regular course of business, is in possession of a valid federal firearms license, is18
routinely in the possession of firearms for sale, pawn, lease, rent, repair,19
modification, or other legitimate acts as part of his normal scope of business20
operations, and is enforcing a privilege pursuant to R.S. 9:4502.21
* * *22 HLS 14RS-190 ENGROSSED
HB NO. 17
Page 2 of 2
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)]
Lopinto HB No. 17
Abstract: Provides for an affirmative defense for the crime of illegal possession of stolen
firearms and amends the elements of this crime.
Present law provides for the crime of illegal possession of stolen firearms.
Present law provides that illegal possession of stolen firearms is the intentional possessing,
procuring, receiving, or concealing of a firearm which has been the subject of any robbery
or theft under circumstances which indicate that the offender knew or should have known
that the firearm was the subject of a robbery or theft.
Proposed law changes the elements of the crime to include any misappropriation and not
only robbery or theft.
Proposed law further provides that it shall be an affirmative defense to a prosecution for
illegal possession of stolen firearms that the offender had no knowledge that the firearm was
the subject of any form of misappropriation.
Proposed law further provides that it shall be an affirmative defense to a prosecution for
illegal possession of stolen firearms that the alleged offender has or had possession of the
firearm pursuant to his regular course of business, is in possession of a valid federal firearms
license, is routinely in the possession of firearms for sale, pawn, lease, rent, repair,
modification, or other legitimate acts as part of his normal scope of business operations, and
is enforcing a privilege.
(Amends R.S. 14:69.1(A))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added affirmative defense for firearms dealers or repairmen when enforcing a
repairman's lien.