HLS 22RS-805 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 365
BY REPRESENTATIVE SEABAUGH
WEAPONS/FIREARMS: Designates the crime of possession of a firearm by a felon as a
crime of violence
1 AN ACT
2To amend and reenact R.S. 14:95.1(D) and to enact R.S. 14:2(B)(29) and 95.1(E), relative
3 to crimes of violence; to create the crime of possession of firearm or carrying
4 concealed weapon by a person convicted of certain felonies a crime of violence; to
5 provide for an effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:95.1(D) is hereby amended and reenacted and R.S. 14:2(B)(29)
8and 95.1(E) are hereby enacted to read as follows:
9 §2. Definitions
10 * * *
11 B. In this Code, "crime of violence" means an offense that has, as an
12 element, the use, attempted use, or threatened use of physical force against the
13 person or property of another, and that, by its very nature, involves a substantial risk
14 that physical force against the person or property of another may be used in the
15 course of committing the offense or an offense that involves the possession or use
16 of a dangerous weapon. The following enumerated offenses and attempts to commit
17 any of them are included as "crimes of violence":
18 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-805 ENGROSSED
HB NO. 365
1 (29) Possession of firearm or carrying concealed weapon by a person
2 convicted of certain felonies and while committing any offense enumerated in this
3 Section.
4 * * *
5 §95.1. Possession of firearm or carrying concealed weapon by a person convicted
6 of certain felonies
7 * * *
8 D. If any crime used as a predicate offense under this Section is a crime of
9 violence as defined by R.S. 14:2(B) and the offender uses, possesses, or has under
10 his immediate control any firearm while committing another offense as defined in
11 R.S. 14:2(B), a conviction under this Subsection shall be designated as a crime of
12 violence.
13 E. For the purposes of this Section, "firearm" means any pistol, revolver,
14 rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle
15 which is designed to fire or is capable of firing fixed cartridge ammunition or from
16 which a shot or projectile is discharged by an explosive.
17 Section 2. This Act shall become effective upon signature by the governor or, if not
18signed by the governor, upon expiration of the time for bills to become law without signature
19by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
20vetoed by the governor and subsequently approved by the legislature, this Act shall become
21effective on the day following such approval.
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 365 Engrossed 2022 Regular Session Seabaugh
Abstract: Designates the crime of possession of a firearm by a felon as a crime of violence.
Present law provides relative to the crime of possession of firearm or carrying concealed
weapon by a person convicted of certain felonies. Present law further provides that it is
unlawful for any person who has been convicted of a "crime of violence," as defined in
present law, when that crime is a felony, to possess a firearm or carry a concealed weapon.
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HB NO. 365
Proposed law retains present law.
Present law provides that a "crime of violence" is an offense that has, as an element, the use,
attempted use, or threatened use of physical force against the person or property of another,
and that, by its very nature, involves a substantial risk that physical force against the person
or property of another may be used in the course of committing the offense, or an offense
that involves the possession or use of a dangerous weapon. Present law further designates
certain present law offenses and attempts to commit any of those offenses as "crimes of
violence".
Proposed law retains present law and adds the present law crime of possession of a firearm
or carrying a concealed weapon by a person convicted of certain felonies while committing
any offense enumerated in present law (R.S. 14:2(B)) to the list of crimes of violence.
Proposed law provides that if any crime used as a predicate offense under proposed law is
a crime of violence as defined by present law (R.S. 14:2(B)) and the offender uses,
possesses, or has under his immediate control any firearm while committing another offense
as defined in present law, a conviction under proposed law shall be designated as a crime of
violence.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 14:95.1(D); Adds R.S. 14:2(B)(29) and 95.1(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove the reference to drug offenses that violate the Uniform Controlled
Dangerous Substance Law.
2. Add language that provides for the designation of a conviction in scenarios
where the predicate offense is a crime of violence.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.