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.