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.
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.