SLS 22RS-634 ENGROSSED
2022 Regular Session
SENATE BILL NO. 393
BY SENATOR WHITE
WEAPONS. Designates the crime of possession of a firearm by a felon as a crime of
violence. (gov sig)
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 designate the crime of possession of firearm or carrying
4 concealed weapon by a person convicted of certain felonies as a crime of violence;
5 to 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":
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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. 393
SLS 22RS-634 ENGROSSED
1 * * *
2 (29) Repealed by Acts 2017, No. 281, §3, eff. August 1, 2017. Possession of
3 firearm or carrying concealed weapon by a person convicted of certain felonies
4 and while committing any offense enumerated in this Section.
5 * * *
6 §95.1. Possession of firearm or carrying concealed weapon by a person convicted
7 of certain felonies
8 * * *
9 D. If any crime used as a predicate offense under this Section is a crime
10 of violence as defined by R.S. 14:2(B) and the offender uses, possesses, or has
11 under his immediate control any firearm while committing another offense as
12 defined in R.S. 14:2(B), a conviction under this Subsection shall be designated
13 as a crime of violence.
14 E. For the purposes of this Section, "firearm" means any pistol, revolver,
15 rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle
16 which is designed to fire or is capable of firing fixed cartridge ammunition or from
17 which a shot or projectile is discharged by an explosive.
18 Section 2. This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 393 Engrossed 2022 Regular Session White
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.
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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. 393
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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 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 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 will 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 Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Delete exception to proposed law for certain drug offenses.
2. Provide that if the predicate offense to a charge of possession of a concealed
weapon by a felon is a conviction of a crime of violence, then the possession
or carrying by a felon will be also be designated a crime of violence.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.