ENROLLED
ACT No. 465
2022 Regular Session
HOUSE BILL NO. 365
BY REPRESENTATIVES SEABAUGH, ADAMS, BACALA, BRYANT, CARRIER,
CORMIER, CREWS, EDMONDS, EDMONSTON, FIRMENT, FONTENOT,
GADBERRY, GAROFALO, HORTON, TRAVIS JOHNSON, CHARLES OWEN,
PRESSLY, SCHAMERHORN, AND VILLIO
1 AN ACT
2 To 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.
6 Be 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)
8 and 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. HB NO. 365 ENROLLED
1 (29) Possession of a firearm or carrying of a concealed weapon by a person
2 convicted of certain felonies in violation of R.S. 14:95.1(D).
3 * * *
4 §95.1. Possession of firearm or carrying concealed weapon by a person convicted
5 of certain felonies
6 * * *
7 D. If a violation of this Section is committed during the commission of a
8 crime of violence as defined in R.S. 14:2(B), and the defendant has a prior
9 conviction of a crime of violence, then the violation of this Section shall be
10 designated as a crime of violence.
11 E. For the purposes of this Section, "firearm" means any pistol, revolver,
12 rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle
13 which is designed to fire or is capable of firing fixed cartridge ammunition or from
14 which a shot or projectile is discharged by an explosive.
15 Section 2. This Act shall become effective upon signature by the governor or, if not
16 signed by the governor, upon expiration of the time for bills to become law without signature
17 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18 vetoed by the governor and subsequently approved by the legislature, this Act shall become
19 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.