HLS 14RS-562 ENGROSSED
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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. 72
BY REPRESENTATIVES LOPINTO, HENRY BURNS, AND THOMPSON
WEAPONS/FIREARMS: Provides relative to the possession of firearms by concealed
handgun permit holders and law enforcement officers in certain alcoholic beverage
establishments
AN ACT1
To amend and reenact R.S. 14:95.5(C), relative to the possession of a firearm on the2
premises of an alcoholic beverage outlet; to exempt certain law enforcement officers3
from the prohibition; to exempt concealed permit holders from the prohibition as it4
relates to restaurants; to provide relative to the authority of sheriffs or chief law5
enforcement officers to establish policies in this regard; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:95.5(C) is hereby amended and reenacted to read as follows:9
ยง95.5. Possession of firearm on premises of alcoholic beverage outlet10
* * *11
C.(1) The provisions of this Section shall not apply to the owner or lessee of12
an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law13
enforcement officer or other person vested with law enforcement authority or listed14
in R.S. 14:95(G) or (H) acting in the performance of his official duties. 15
(2) The provisions of this Section shall not apply to a person possessing a16
firearm in accordance with a concealed handgun permit issued pursuant to R.S.17
40:1379.1 or 1379.3 on the premises of an alcoholic beverage outlet which has been18
issued a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of19
Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950.20 HLS 14RS-562 ENGROSSED
HB NO. 72
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) The provisions of this Section shall not be construed to limit the ability1
of a sheriff or chief law enforcement officer from establishing policies within his2
department or office regarding the carrying of a concealed handgun on the premises3
of an alcoholic beverage outlet by any law enforcement officer under his authority.4
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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. 72
Abstract: Creates an exception to the crime of possession of a firearm in alcoholic
beverage outlets for certain law enforcement officers and for concealed handgun
permit holders when the possession occurs on the premises of certain restaurants.
Present law provides that no person shall intentionally possess a firearm while on the
premises of an alcoholic beverage outlet.
Present law defines "alcoholic beverage outlet" as any commercial establishment in which
alcoholic beverages of either high or low alcoholic content are sold in individual servings
for consumption on the premises, whether or not such sales are a primary or incidental
purpose of the business of the establishment.
Present law provides an exception for the owner or lessee of an alcoholic beverage outlet,
or an employee of such owner or lessee, or a law enforcement officer or other person vested
with law enforcement authority acting in the performance of his official duties.
Proposed law retains present law except it removes the condition that the law enforcement
officer is acting in the performance of his official duties.
Proposed law further provides an exception for certain retired and auxiliary law enforcement
officers.
Proposed law provides for an exception for certain persons including judges and district
attorneys.
Proposed law provides for an exception for a person possessing a firearm in accordance with
a concealed handgun permit or law enforcement officers on the premises of an alcoholic
beverage outlet which has been issued a Class A-Restaurant permit.
Provides that proposed law shall not be construed to limit the ability of a sheriff or chief law
enforcement officer from establishing policies within his department or office regarding the
carrying of a concealed handgun on the premises of an alcoholic beverage outlet by any law
enforcement officer under his authority.
(Amends R.S. 14:95.5(C)) HLS 14RS-562 ENGROSSED
HB NO. 72
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added language regarding the policies of the sheriff or chief law enforcement
officer regarding the carrying of concealed handguns in alcoholic beverage
outlets by law enforcement officers under their authority.
2. Added language creating an exception for certain persons including judges,
district attorneys, and assistant district attorneys.