HLS 14RS-622 ORIGINAL
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. 279
BY REPRESENTATIVE IVEY
WEAPONS/FIREARMS: Requires certain law enforcement officers to take action on
request to purchase firearms
AN ACT1
To enact R.S. 40:1789.1, relative to the possession and transfer of certain firearms; to2
require law enforcement officers to take action on applications for weapons transfers3
within a specified time period; to provide for definitions; to provide for immunity;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1789.1 is hereby enacted to read as follows: 7
ยง1789.1. Certification to transfer firearms; law enforcement requirement8
A. When a sheriff or chief law enforcement officer's certification is required9
by federal law for the transfer of a firearm, the sheriff or chief law enforcement10
officer shall provide that certification within fifteen days of receipt of the request for11
certification if the purchaser is not prohibited from possessing or purchasing the12
firearm under state law. If the sheriff or chief law enforcement officer determines13
that the person is prohibited from purchasing or possessing the firearm, he shall send14
written notification to the person that the certification is denied within fifteen days15
of receipt of the request.16
B. For the purposes of this Section:17 HLS 14RS-622 ORIGINAL
HB NO. 279
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(1) "Certification" means the participation and assent of the sheriff or chief1
law enforcement officer necessary pursuant to federal law for the approval of the2
application to transfer a firearm.3
(2) "Sheriff or chief law enforcement officer" means the sheriff or chief law4
enforcement officer having jurisdiction where the applicant to transfer the firearm5
resides.6
C. The sheriff or chief law enforcement officer and his employees who act7
in good faith are immune from liability arising from any act or omission in8
completing a certification required by the provisions of this Section.9
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)]
Ivey HB No. 279
Abstract: Requires certain law enforcement officials to take action on requests for weapons
transfers.
For purposes of certain provisions of law governing the transfer of weapons, present law
defines "firearm" as a shotgun having a barrel of less than 18 inches in length; a rifle having
a barrel of less than 16 inches in length; any weapon made from either a rifle or a shotgun
if the weapon has been modified to have an overall length of less than 26 inches; any other
firearm, pistol, revolver, or shotgun from which the serial number or mark of identification
has been obliterated, from which a shot is discharged by an explosive, if that weapon is
capable of being concealed on the person; or a machine gun, grenade launcher, flame
thrower, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and
includes a muffler or silencer for any firearm, whether or not the firearm is included within
this definition. Further provides that pistols, revolvers, and those rifles and shotguns which
are not included in this definition of firearms from which serial numbers or marks of
identification have not been obliterated are specifically exempt from this definition.
Present federal law provisions (26 U.S.C. 5812) and regulations of the Federal Bureau of
Alcohol Tobacco and Firearms (ATF Form 4) require both federal and local law
enforcement approval as part of the federal requirements to transfer a firearm.
Proposed law retains present law and requires law enforcement to act upon applications for
weapons transfers within 15 days of receipt of the request by either completing the
certification or by providing written notice that the certification is denied.
Proposed law provides for immunity for the sheriff or chief law enforcement officer or his
employees from any act or omission in signing the required documents.
(Adds R.S. 40:1789.1)