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 464 Reengrossed 2023 Regular Session Fontenot
Abstract: Provides relative to the offenses and penalties for the crime of possession of a firearm
or carrying of a concealed weapon by a felon.
Present law (R.S. 14:95.1) provides for the crime of possession of a firearm or carrying a concealed
weapon by a person convicted of certain felonies and provides for penalties.
Proposed law retains present law.
Present law (R.S. 14:95.1(A)) provides that it is unlawful for any person to possess a firearm or carry
a concealed weapon if he has been convicted of, or been found not guilty by reason of insanity for,
any of the following offenses or attempts to commit any of the following offenses:
(1)A crime of violence as defined in present law (R.S. 14:2(B)) which is a felony.
(2)Simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, or unauthorized
entry of an inhabited dwelling.
(3)Felony illegal use of weapons or dangerous instrumentalities.
(4)Manufacture or possession of a delayed action incendiary device.
(5)Manufacture or possession of a bomb.
(6)Possession of a firearm while in the possession of or during the sale or distribution of a
controlled dangerous substance, or any violation of the Uniform Controlled Dangerous
Substances Law which is a felony.
(7)Any crime which is defined as a sex offense in present law (R.S. 15:541).
(8)Any crime defined as an attempt to commit one of the above-enumerated offenses under the
laws of this state, or who has been convicted under the laws of any other state or of the
United States or of any foreign government or country of a crime which, if committed in this
state, would be one of the above-enumerated crimes.
Proposed law amends present law to reorganize this list of offenses and remove the following
offenses: (1)Possession of a controlled substance listed in Schedule III, IV, or V as provided in present
law (R.S. 40:968(C), 969(C), or 970(C)).
(2)Any violation of the Uniform Controlled Dangerous Substances Law which is a felony. Proposed law provides that if the offender is found guilty of violating the provisions of present law
while on probation or parole, the sentence imposed pursuant to present law shall be served
consecutively with the remaining balance of any sentence to be served.
(Amends R.S. 14:95.1(A) and (B))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes
2. Change the minimum term of imprisonment from 10 years to five years.
3. Remove proposed law language that provides that the sentence imposed is to be served
in accordance with present law (C.Cr.P. Art. 901).
4. Reorganize the list of present law offenses that prohibit a person from possessing a
firearm or carrying a concealed weapon.
5. Remove the following present law offenses from the list of offenses that prohibit a
person from possessing firearm or carrying a concealed weapon:
(a)Possession of a controlled dangerous substance as provided in present laws (R.S.
40:968(C), 969(C), or 970(C)).
(b)Any violation of the Uniform Controlled Dangerous Substances Law which is a
felony.