GREEN SHEET REDIGEST
HB 464 2023 Regular Session Fontenot
WEAPONS/FIREARMS: Provides relative to possession of a firearm by a felon.
DIGEST
Present law 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 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.
(8)Any violation of the Uniform Controlled Dangerous Substances Law which is a
felony, except for possession violations of Schedules III, IV, and V.
(9)Any crime defined as an attempt to commit one of the 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 enumerated offenses.
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 (Uniform Controlled Dangerous Substances Law).
(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.
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Prepared by Whitney Kauffeld. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Delete House floor amendment that removed certain present law drug offenses
that prohibit a person from possessing firearm or carrying a concealed weapon.
2. Make technical changes.
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Prepared by Whitney Kauffeld.