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 93 Reengrossed 2017 Regular Session Miguez
Abstract: Authorizes an immediate family member of a qualified law enforcement officer to
purchase his duty firearm upon his death.
Present law provides that any qualifying state trooper, sheriff, deputy sheriff, or municipal police
officer shall be entitled to purchase his firearm at fair market value upon retirement and subject to
the approval of the head of the law enforcement agency.
Proposed law retains present law and allows an immediate family member to purchase the firearm
on behalf of a qualifying state trooper, sheriff, deputy sheriff, or municipal police officer, if the
member was unable to do so prior to his death.
Proposed law also allows an immediate family member of a state trooper, sheriff, deputy sheriff, or
municipal police officer killed in the line of duty to purchase his duty firearm at fair market value
subject to the approval of the head of the law enforcement agency.
Proposed law prohibits an immediate family member from purchasing the firearm on behalf of the
state trooper, sheriff, deputy sheriff, or municipal police officer if the immediate family member is
prohibited from possessing a firearm under any state or federal law.
Proposed law allows the qualifying officer to designate a specific immediate family member as the
beneficiary to purchase his firearm upon his death. Proposed law further provides that if no
beneficiary is designated, then the following immediate family members have the right of first
refusal to purchase the duty firearm in the following order of precedence:
(1)The surviving spouse.
(2)A child of the deceased officer. If multiple children, then the oldest child shall have the right
of first refusal.
(3)A parent of the deceased officer.
(4)A sibling of the deceased officer. If multiple siblings, then the oldest sibling shall have right
of first refusal.
Proposed law provides that if the duty firearm is part of an ongoing investigation or is being used
or needed as evidence, then the firearm may not be sold or transferred to an immediate family member until the firearm is no longer part of the investigation or needed or being used as evidence.
Proposed law further provides that the immediate family member with the right of first refusal to
purchase the firearm may request the release of the firearm pursuant to present law (R.S. 15:14).
(Amends R.S. 11:1307(B), 2185, and 2235; Adds R.S. 40:1665.4)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Expand proposed law to authorize an immediate family member to purchase the firearm
of a qualified sheriff, deputy sheriff, or municipal police officer who was unable to do
so prior to his death.
2. Prohibit an immediate family member from purchasing the firearm if the immediate
family member is prohibited from possession of a firearm under any present law, state
law, or federal law.
3. Provide that if more than one immediate family member seeks to purchase the firearm,
the oldest immediate family member who seeks to purchase the firearm shall be entitled
to do so.
The House Floor Amendments to the engrossed bill:
1. Remove requirement that if more than one immediate family member seeks to purchase
the firearm, the oldest immediate family member who seeks to purchase the firearm shall
be entitled to do so.
2. Allow the qualifying officer to designate a specific immediate family member as the
beneficiary to purchase his firearm upon his death.
3. Require that if no beneficiary is designated by the deceased officer, then the following
immediate family members have the right of first refusal to purchase the duty firearm in
the following order of precedence:
(a)The surviving spouse.
(b)A child of the deceased officer. If multiple children, then the oldest child shall
have the right of first refusal.
(c)A parent of the deceased officer.
(d)A sibling of the deceased officer. If multiple siblings, then the oldest sibling
shall have right of first refusal. 4. Add that if the duty firearm is part of an ongoing investigation or is being used or needed
as evidence, then the firearm may not be sold or transferred to an immediate family
member until the firearm is no longer part of the investigation or needed or being used
as evidence.
5. Allow an immediate family member with the right of first refusal to purchase the firearm
to request the release of the firearm pursuant to present law (R.S. 15:14).
6. Make technical amendments.