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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. 68
BY SENATOR KOSTELKA
WEAPONS. Provides relative to possession of a firearm by concealed handgun permit
holders and law enforcement officers in certain alcoholic beverage establishments. (gov sig)
AN ACT1
To amend and reenact R.S. 14:95.5(C), relative to the crime of possession of a firearm on2
the premises of an alcoholic beverage outlet; to provide an exception for certain3
concealed handgun permit holders and certain active duty and retired law4
enforcement officers; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:95.5(C) is hereby amended and reenacted to read as follows:7
ยง95.5. Possession of firearm on premises of alcoholic beverage outlet8
* * *9
C.(1) The provisions of this Section shall not apply to the owner or lessee of10
an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law11
enforcement officer or other person vested with law enforcement authority acting in12
the performance of his official duties or listed in R.S. 14:95(G).13
(2) The provisions of this Section shall not apply to a person possessing14
a firearm in accordance with a concealed handgun permit issued pursuant to15
R.S. 40:1379.1 or 1379.3 while on the premises of an alcoholic beverage outlet16
that has been issued a Class A-Restaurant permit, as defined in Part II of17 SB NO. 68
SLS 14RS-126 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes1
of 1950.2
* * *3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Kostelka (SB 68)
Present law provides that no person can 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 establishment's business.
Present law provides an exception to the present law prohibition for the owner or lessee of
an alcoholic beverage outlet, an employee of such owner or lessee, or a law enforcement
officer or other person vested with law enforcement authority who is acting in the
performance of his official duties.
Proposed law removes the condition in present law that the law enforcement officer must
be acting in the performance of his official duties.
Proposed law adds the following persons to the list of exceptions to the present law
prohibition:
1. Sheriffs and their deputies, state and city police, constables and town marshals, or
persons vested with police power when in the actual discharge of official duties.
2. Sheriffs and their deputies and state and city police who are not actually discharging
their official duties, provided that such persons are full time, active, and certified by
the Council on Peace Officer Standards and Training and have on their persons valid
identification as duly commissioned law enforcement officers.
3. Certain retired law enforcement officers, except those officers who are medically
retired based upon any mental impairment.
4. Certain active or retired reserve or auxiliary law enforcement officers.
5. Any person possessing a firearm in accordance with a concealed handgun permit
issued pursuant to present law while on the premises of an alcoholic beverage outlet
that has been issued a Class A-Restaurant permit as defined in present law. SB NO. 68
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words in boldface type and underscored are additions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:95.5(C))