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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 676
BY SENATOR RISER
WEAPONS. Provides relative to firearm suppressors. (8/1/14)
AN ACT1
To enact R.S. 40:1789.1, relative to the possession and transfer of certain firearms; to2
provide relative to the issuance of firearm suppressor certifications; to require the3
chief law enforcement officer to take action on applications for weapon transfers4
within a specified time period; to provide for definitions; to provide for immunity;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1789.1 is hereby enacted to read as follows:8
ยง1789.1. Chief law enforcement officer certification; firearm suppressors9
A. When a chief law enforcement officer's certification is required by10
federal law or regulation for the transfer or making of a firearm suppressor, the11
chief law enforcement officer shall, within fifteen days of receipt of a request for12
certification, provide such certification if the applicant is not prohibited by law13
from possessing a firearm suppressor or is not the subject of proceeding that14
could result in the applicant being prohibited by law from receiving or15
possessing a firearm suppressor. If the chief law enforcement officer is unable16
to make a certification as required by this Section, he shall provide the17 SB NO. 676
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
applicant a written notification of the denial and the reason for this1
determination.2
B. For purposes of this Section:3
(1) "Certification" means the participation and assent of the chief law4
enforcement officer necessary under federal law for the approval of the5
application to transfer or make a firearm or suppressor. A chief law6
enforcement officer is not required to make any certification under this Section7
he knows to be untrue, but he may not refuse to provide certification based on8
a generalized objection to private persons or entities making, possessing, or9
receiving firearms or any certain type of firearm the possession of which is not10
prohibited by law.11
(2) "Chief law enforcement officer" means the sheriff or chief law12
enforcement officer having jurisdiction where the applicant to transfer or make13
the firearm suppressor resides.14
(3) "Firearm suppressor" has the same meaning as "firearm silencer"15
and "firearm muffler" as provided in 18 U.S.C. 921(a)(24).16
C. Chief law enforcement officers and their employees who act in good17
faith shall be immune from liability arising from any act or omission in making18
a certification as required by this Section.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Riser (SB 676)
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.
Present federal law (18 U.S.C. 921(a)(24)) defines "firearm silencer" and "firearm muffler"
as any device for silencing, muffling, or diminishing the report of a portable firearm,
including any combination of parts, designed or redesigned, and intended for use in
assembling or fabricating a firearm silencer or firearm muffler, and any part intended only
for use in such assembly or fabrication.
Proposed law retains present law and requires law enforcement to act upon applications for
making of a firearm suppressor weapons transfers within 15 days of receipt of the request,
provide such certification if the applicant is not prohibited by law from possessing the SB NO. 676
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
firearm suppressor or is not the subject of proceeding that could result in the applicant being
prohibited by law from receiving or possessing the firearm suppressor 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 who act in good faith from any act or omission in making a certification as
provided in proposed law.
Effective August 1, 2014.
(Adds R.S. 40:1789.1)