SLS 18RS-650 ENGROSSED
2018 Regular Session
SENATE BILL NO. 274
BY SENATORS CARTER, BARROW, BISHOP AND COLOMB
WEAPONS. Prohibits sale of assault weapons to any person under the age of twenty-one.
(8/1/18)
1 AN ACT
2 To amend and reenact R.S. 14:91, relative to unlawful sales of weapons to minors; to
3 provide relative to sales of assault weapons to persons under the age of twenty-one;
4 to provide with respect to fines and penalties; to provide for definitions; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:91 is hereby amended and reenacted to read as follows:
8 ยง91. Unlawful sales of weapons to minors
9 A.(1) Unlawful sales of weapons to minors is the selling or otherwise
10 delivering for value of any firearm, or other instrumentality customarily used as a
11 dangerous weapon to any person under the age of eighteen. Lack of knowledge of
12 the minor's age shall not be a defense.
13 (2) Unlawful sales of weapons to minors is the selling or otherwise
14 delivering for value of any assault weapon to any person under the age of
15 twenty-one. Lack of knowledge of the buyer or other transferee of the assault
16 weapon shall not be a defense.
17 B. Whoever commits the crime of unlawful sales of weapons to minors shall
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 274
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1 be fined not more than three hundred one thousand dollars or imprisoned for not
2 more than six twelve months, or both.
3 C. For the purposes of this Section, "assault weapon" means any of the
4 following:
5 (1) Any pistol that is capable of accepting a detachable magazine at any
6 location outside of the pistol grip.
7 (2) Any semiautomatic pistol, or any semiautomatic center-fire rifle, with
8 a fixed magazine that has the capacity to accept more than ten rounds of
9 ammunition.
10 (3) Any shotgun capable of accepting a detachable magazine.
11 (4) Any shotgun with a revolving cylinder magazine.
12 (5) Any semiautomatic or pump-action rifle or semiautomatic pistol that
13 is capable of accepting a detachable magazine and that also possesses any of the
14 following:
15 (a) If the firearm is a rifle, a pistol grip located behind the trigger.
16 (b) If the firearm is a rifle, a stock in any configuration, including but not
17 limited to a thumbhole stock, a folding stock, or a telescoping stock, that allows
18 the bearer of the firearm to grasp the firearm with the trigger hand such that
19 the web of the trigger hand, between the thumb and forefinger, can be placed
20 below the top of the external portion of the trigger during firing.
21 (c) If the firearm is a pistol, a shoulder stock of any type or
22 configuration, including but not limited to a folding stock or a telescoping stock.
23 (d) A barrel shroud.
24 (e) A muzzle brake or muzzle compensator.
25 (f) Any feature designed to be capable of functioning as a protruding
26 grip that can be held by the hand that is not the trigger hand, excluding any
27 extension of the stock along the bottom of the barrel that does not substantially
28 or completely encircle the barrel.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 274
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The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Alden A. Clement, Jr.
DIGEST
SB 274 Engrossed 2018 Regular Session Carter
Present law provides that unlawful sales of weapons to minors is the selling or otherwise
delivering for value of any firearm or other instrumentality customarily used as a dangerous
weapon to any person under the age of 18.
Proposed law retains present law except to add that unlawful sales of weapons to minors is
also the selling or otherwise delivering for value of any "assault weapon" to any person
under the age of 21.
Present law provides that lack of knowledge of the minor's age shall not be a defense.
Proposed law retains present law.
Present law provides that whoever commits the crime of unlawful sales of weapons to
minors shall be fined not more than $300 or imprisoned for not more than six months, or
both.
Proposed law provides that whoever commits the crime of unlawful sales of weapons to
minors shall be fined not more than $1,000.00 or imprisoned for not more than 12 months,
or both.
Proposed law defines "assault weapon" as any of the following:
(1)Any pistol that is capable of accepting a detachable magazine at any location outside
of the pistol grip.
(2)Any semiautomatic pistol, or any semiautomatic center-fire rifle, with a fixed
magazine that has the capacity to accept more than ten rounds of ammunition.
(3)Any shotgun capable of accepting a detachable magazine.
(4)Any shotgun with a revolving cylinder magazine.
(5)Any semiautomatic or pump-action rifle or semiautomatic pistol that is capable of
accepting a detachable magazine and that also possesses any of the following:
(a)If the firearm is a rifle, a pistol grip located behind the trigger.
(b)If the firearm is a rifle, a stock in any configuration, including but not limited
to a thumbhole stock, a folding stock, or a telescoping stock, that allows the
bearer of the firearm to grasp the firearm with the trigger hand such that the
web of the trigger hand, between the thumb and forefinger, can be placed
below the top of the external portion of the trigger during firing.
(c)If the firearm is a pistol, a shoulder stock of any type or configuration,
including but not limited to a folding stock or a telescoping stock.
(d)A barrel shroud.
(e)A muzzle brake or muzzle compensator.
(f)Any feature designed to be capable of functioning as a protruding grip that
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 274
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can be held by the hand that is not the trigger hand, excluding any extension
of the stock along the bottom of the barrel that does not substantially or
completely encircle the barrel.
Effective August 1, 2018.
(Amends R.S. 14:91)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Makes age restriction in proposed law applicable only to "assault weapons".
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.