§ 47:305.62 — Exemption; Annual Louisiana Second Amendment Weekend Holiday

Louisiana § 47:305.62

• Jurisdiction: Louisiana
• Title 47: Revenue and Taxation

Text

§305.62. Exemption; Annual Louisiana Second Amendment Weekend Holiday
A. This Act shall be known as the Annual Louisiana Second Amendment Weekend
Holiday Act.
B.(1) Notwithstanding any other provisions of law to the contrary, the sales and use
tax levied by the state of Louisiana and its political subdivisions shall not apply to the sales
price or cost price of any consumer purchases of firearms, ammunition, and hunting supplies
that occur each calendar year on the first consecutive Friday through Sunday of September.
(2) For purposes of this Section,"consumer purchases" shall mean purchases by
individuals of firearms, ammunition, and hunting supplies not for business purposes.
Consumer purchases shall not include the purchase of animals for the use of hunting.
(3) For the purposes of this Section, "hunting supplies" shall mean purchases of any
tangible personal property for the use of hunting, including but not limited to archery,
pirogues, accessories, apparel, shoes, bags, binoculars, tools, firearm and archery cases,
firearm and archery accessories, range finders, knives, decoys, treestands, blinds, chairs,
optics, hearing protection and enhancements, holsters, belts, slings, and miscellaneous gear.
Hunting supplies shall not include the purchase of animal feed, float tubes, off-road vehicles
such as ATVs, or vessels such as airboats.
(4) For purposes of this Section, "firearms" shall mean a shotgun, rifle, pistol,
revolver, or other handgun.
C. This provision will apply if and only if during the time period provided for in
Paragraph (B)(1) of this Section, one of the following occurs:
(1) Title to or possession of firearms, ammunition and hunting supplies are
transferred from a selling dealer to a purchaser.
(2) A customer selects an eligible item from the selling dealer's inventory for
layaway that is physically set aside in the selling dealer's inventory for future delivery to that
customer.
(3) The customer makes final payment and withdraws an item from layaway that
might have been placed before the time period provided for in Paragraph (B)(1) of this
Section.
(4) The customer orders and pays for an eligible item and the selling dealer accepts
the order for immediate shipment, even if delivery is made after the time period provided for
in Paragraph (B)(1) of this Section, provided that the customer has not requested delayed
shipment.
D. Eligible items that customers purchase during the time period provided for in
Paragraph (B)(1) of this Section with "rain checks" will qualify for exemption, regardless of
when the "rain checks" were issued. However, issuance of "rain checks" during the
exemption period will not qualify items for exemption if the otherwise eligible items are
actually purchased after the time period provided for in Paragraph (B)(1) of this Section.
E.(1) When a customer purchases an eligible item during the time period provided
for in Paragraph (B)(1) of this Section and exchanges the item without additional cash
consideration after such time period for an essentially identical item of different size, caliber,
color, or other feature, no additional tax is due.
(2) When a customer after the time period provided for in Paragraph (B)(1) of this
Section, returns an eligible item that was purchased during such time period and receives
credit on the purchase of a different item, the appropriate sales tax is due on the purchase of
the new item.
F. For a sixty-day period after the time period provided for in Paragraph (B)(1) of
this Section, when a customer returns an item that would qualify for an exemption, no credit
or refunds of sales tax shall be given unless the customer provides a receipt or invoice that
shows that the sales tax was paid, or the retailer has sufficient documentation that shows that
the tax was paid on the specific item. This sixty-day period is not intended to change a
dealer's policy concerning the time period during which returns will be accepted.

Legislative History

Acts 2009, No. 453, §1, eff. July 9, 2009; Acts 2023, No. 288, §1, eff. July 1, 2023.