HLS 16RS-535 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 223
BY REPRESENTATIVE TERRY LANDRY
WEAPONS/FIREARMS: Provides with respect to illegal carrying of weapons
1 AN ACT
2To amend and reenact R.S. 14:95(E), relative to the illegal carrying of weapons; to provide
3 relative to felony penalty provisions of possession of a firearm while in the
4 possession of a controlled dangerous substance; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:95(E) is hereby amended and reenacted to read as follows:
7 ยง95. Illegal carrying of weapons
8 * * *
9 E. If the offender uses, possesses, or has under his immediate control any
10 firearm, or other instrumentality customarily used or intended for probable use as a
11 dangerous weapon, while committing or attempting to commit a crime of violence
12 or while in the possession of a controlled dangerous substance except the possession
13 of fourteen grams or less of marijuana, or during the sale or distribution of a
14 controlled dangerous substance, the offender shall be fined not more than ten
15 thousand dollars and imprisoned at hard labor for not less than five nor more than ten
16 years without the benefit of probation, parole, or suspension of sentence. Upon a
17 second or subsequent conviction, the offender shall be imprisoned at hard labor for
18 not less than twenty years nor more than thirty years without the benefit of probation,
19 parole, or suspension of sentence.
20 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-535 ENGROSSED
HB NO. 223
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)]
HB 223 Engrossed 2016 Regular Session Terry Landry
Abstract: Provides that the additional penalty provisions applicable to a person in
possession of a firearm and a controlled dangerous substance do not apply to
possession of marijuana of 14 grams or less.
Present law provides penalties for illegal carrying of weapons.
Proposed law retains present law.
Present law provides additional penalties for the use, possession, or control of a firearm
while committing a crime of violence, during the sale or distribution of a controlled
dangerous substance (CDS), or while in the possession of a CDS.
Present law provides penalties of a fine of not more than $10,000 and imprisonment of not
less than five nor more than 10 years without benefit of parole, probation, or suspension of
sentence.
Proposed law removes these additional penalties for possession of 14 grams or less of
marijuana and otherwise retains present law.
(Amends R.S. 14:95(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Exempts the possession of marijuana of 14 grams or less from additional
penalties of possession of a firearm while possessing a controlled dangerous
substance.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.