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)) 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.