HLS 16RS-1016 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 693
BY REPRESENTATIVE JIMMY HARRIS
WEAPONS/FIREARMS: Expands firearm free zones
1 AN ACT
2To amend and reenact R.S. 14:95.2(A), (B)(3) and (4), and (D) and to enact R.S.
3 14:95.2(B)(5) and (C)(9) and (10), relative to carrying a firearm or dangerous
4 weapon on school property; to expand the prohibition to include public parks,
5 playgrounds, and recreational facilities; to provide definitions; to provide for
6 exceptions; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:95.2(A), (B)(3) and (4), and (D) are hereby amended and
9reenacted and R.S. 14:95.2(B)(5) and (C)(9) and (10) are hereby enacted to read as follows:
10 ยง95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on
11 school property, at school-sponsored functions, on property used as a public
12 park, playground, or recreational facility, or in a firearm-free zone
13 A.(1) Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by
14 a student or nonstudent on school property, at a school sponsored function, or in a
15 firearm-free zone is unlawful and shall be defined as possession of any firearm or
16 dangerous weapon, on one's person, at any time while on a school campus, on school
17 transportation, or at any school sponsored function in a specific designated area
18 including but not limited to athletic competitions, dances, parties, or any
19 extracurricular activities, or within one thousand feet of any school campus.
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1 (2) Carrying a firearm, or dangerous weapon as defined in R.S. 14.2, by a
2 person on property used as a public park, playground, or recreational facility is
3 unlawful and shall be defined as possession of any firearm or dangerous weapon on
4 one's person at any time while on the property used as a public park, playground, or
5 recreational facility.
6 B. For purposes of this Section, the following words have the following
7 meanings:
8 * * *
9 (3) "Public park, playground, or recreational facility" means any building or
10 area owned by a political subdivision that is open to the public and used or operated
11 as a park, playground, or recreational facility. "Public park, playground, or
12 recreational facility" shall not include parks and recreational areas administered by
13 the office of state parks in the Department of Culture, Recreation and Tourism or
14 wildlife management areas administered by the Department of Wildlife and
15 Fisheries.
16 (3)(4) "School" means any elementary, secondary, high school, vocational-
17 technical school, college, or university in this state.
18 (4)(5) "School bus" means any motor bus being used to transport children
19 to and from school or in connection with school activities.
20 C. The provisions of this Section shall not apply to:
21 * * *
22 (9) The possession of a firearm on property used as a public park,
23 playground, or recreational facility by a person who holds a valid certificate as a
24 living historian in the use, storage, and handling of black powder issued by the
25 Louisiana office of state parks for the purpose of historic reenactments if the firearm
26 is a black powder weapon which is an antique firearm as defined in 18 U.S.C.
27 921(a)(16), or an antique device exempted from the term "destructive device" in 18
28 U.S.C. 921(a)(4) and that person has permission from the governing authority having
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HB NO. 693
1 jurisdiction over the public park, playground, or recreational facility for the
2 reenactment.
3 (10) The possession of a firearm on property used as a public park,
4 playground, or recreational facility by a person who holds a valid concealed handgun
5 permit pursuant to R.S. 40:1379.1 or 1379.3.
6 D.(1) Whoever commits the crime of carrying a firearm, or a dangerous
7 weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a
8 school-sponsored function, on property used as a public park, playground,
9 recreational facility, or in a firearm-free zone shall be imprisoned at hard labor for
10 not more than five years.
11 (2) Whoever commits the crime of carrying a firearm, or a dangerous
12 weapon as defined in R.S. 14:2, on school property, on property used as a public
13 park, playground, or recreational facility, or in a firearm-free zone with the firearm
14 or dangerous weapon being used in the commission of a crime of violence as defined
15 in R.S. 14:2(B) on school property, on property used as a public park, playground,
16 or recreational facility, or in a firearm-free zone, shall be fined not more than two
17 thousand dollars, or imprisoned, with or without hard labor, for not less than one
18 year nor more than five years, or both. Any sentence issued pursuant to the
19 provisions of this Paragraph and any sentence issued pursuant to a violation of a
20 crime of violence as defined in R.S. 14:2(B) shall be served consecutively. Upon
21 commitment to the Department of Public Safety and Corrections after conviction for
22 a crime committed on school property, at a school-sponsored function or in a
23 firearm-free zone in violation of this Section, the department shall have the offender
24 evaluated through appropriate examinations or tests conducted under the supervision
25 of the department. Such evaluation shall be made within thirty days of the order of
26 commitment.
27 * * *
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HB NO. 693
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 693 Engrossed 2016 Regular Session Jimmy Harris
Abstract: Adds parks, playgrounds, and recreational facilities to the prohibition of carrying
firearms on school property.
Present law provides that carrying a firearm or dangerous weapon by a student or nonstudent
on school property, at a school sponsored function, or in a firearm-free zone is unlawful.
Proposed law retains present law and expands the crime to include property used as a public
park, playground, or recreational facility.
Proposed law defines "public park, playground, or recreational facility" as any building or
area owned by the state or by a political subdivision that is open to the public and used or
operated as a park, playground, or recreational facility. It does not include parks and
recreational areas administered by the office of state parks in the Dept. of Culture,
Recreation and Tourism or wildlife management areas administered by the Dept. of Wildlife
and Fisheries.
Present law contains exceptions for certain persons and certain constitutionally protected
activity.
Proposed law retains present law and adds an exception for concealed handgun permit
holders to the proposed law regarding carrying of firearms or other dangerous weapons on
property used as public parks, playgrounds, or recreational facilities.
(Amends R.S. 14:95.2(A), (B)(3) and (4), and (D); Adds R.S. 14:95.2(B)(5) and (C)(9) and
(10))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Adds an exception for concealed handgun permit holders.
2. Adds an exception for certified living historians.
3. Defines the definition of "public park, playground, or recreational facility" to
exclude state parks and wildlife management areas.
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