HLS 22RS-768 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 260
BY REPRESENTATIVES MAGEE AND GREEN
WEAPONS/FIREARMS: Provides relative to a firearm hold agreement
1 AN ACT
2To enact R.S. 40:1800, relative to firearms; to provide for definitions; to provide for
3 limitation of liability; to provide for an exception; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 40:1800 is hereby enacted to read as follows:
6 §1800. Firearms; hold agreements; limitation of liability
7 A. For the purposes of this Section:
8 (1) "Federal firearms licensee" means any person licensed pursuant to
9 Chapter 44 of Title 18 of the United States Code.
10 (2) "Firearm" means an instrument as defined in 18 U.S.C. 921, R.S. 14:37.4,
11 R.S. 14:95.1, or R.S. 40:1781.
12 (3) "Firearm hold agreement" means a private transaction between a federal
13 firearms licensee and an individual firearm owner where the licensee takes physical
14 possession of the owner’s lawfully-possessed firearm at the owner's request, holds
15 the firearm for an agreed period of time, and returns the firearm to the owner
16 according to the terms of the transaction.
17 B.(1) No person shall have a cause of action against a federal firearms
18 licensee operating lawfully in the state of Louisiana for any act or omission arising
19 from or subsequent to a firearm hold agreement and resulting in personal injury or
20 death of any natural person, including the return of any firearms to the individual
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-768 ENGROSSED
HB NO. 260
1 firearm owner by a federal firearms licensee at the termination of a firearm hold
2 agreement.
3 (2) The immunity from civil liability provided in Paragraph (1) of this
4 Subsection shall not apply to any action arising from a firearm hold agreement if
5 such action was the result of otherwise unlawful conduct on the part of the licensee.
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 260 Engrossed 2022 Regular Session Magee
Abstract: Establishes firearm hold agreements, and provides immunity from civil liability
for federal firearms licensees who enter into such agreements.
Proposed law provides definitions for "federal firearms licensee", "firearm", and "firearm
hold agreement".
Proposed law provides that no person shall have a cause of action against a federal firearms
licensee operating lawfully in this state for any act or omission arising from or subsequent
to a firearm hold agreement, including the return of any firearms to the individual firearm
owner by the licensee, and resulting in personal injury or death of any natural person.
Proposed law provides that the immunity from civil liability provided in proposed law shall
not apply to any action arising from a firearm hold agreement if such action was the result
of otherwise unlawful conduct on the part of the licensee.
(Adds R.S. 40:1800)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Change the definition of "federal firearms licensee".
2. Add a definition of "firearm".
3. Add immunity for the return of any firearms to an individual firearm owner by
a federal firearms licensee at when the agreement terminates.
4. Rephrase "limitation of liability" to "immunity from civil liability".
5. Make technical amendments.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.