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 Original 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.
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 to the list of crimes of
violence, reversing the removal of this crime from the list of crimes of violence by Acts 2017, No.
281, ยง3, eff. 8/1/17.
Proposed law provides that except for drug offenses in violation of the Uniform Controlled
Dangerous Substance Law that are punishable by a sentence of imprisonment at hard labor for 10
years or less, if any offense listed in present law is a predicate offense for a prosecution under present
law and the offender uses, possesses, or has under his immediate control any firearm while having
been convicted of a prior felony, then the conviction 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))