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Regular Session, 2013
HOUSE BILL NO. 717 (Substitute for House Bill No. 21 by Representative Henry Burns)
BY REPRESENTATIVES HENRY BURNS, BADON, BROADWATER, BROWN,
CARMODY, GREENE, HOFFMANN, IVEY, JONES, MORENO, JAY MORRIS,
RICHARD, SCHRODER, SEABAUGH, THI BAUT, AND WHITNEY
WEAPONS/HANDGUNS: Provides with respect to the reporting of certain judicial
proceedings regarding the possession of firearms
AN ACT1
To amend and reenact R.S. 28:54(B) and R.S. 40:1379.3(C)(13) and to enact R.S. 13:7522
and 753 and R.S. 28:57, relative to firearms; to require clerks of court to provide3
certain information to the Louisiana Supreme Court; to provide for mandatory4
reporting of convictions of certain offenses and judicial determinations which would5
prohibit persons from possessing, shipping, transporting, or receiving firearms6
pursuant to state and federal law; to provide relative to permits to carry a concealed7
weapon; to provide procedures by which such information shall be reported to the8
Louisiana Supreme Court and to the National Instant Criminal Background Check9
System database; to provide procedures by which certain persons may file a civil10
petition seeking adjudicated restoration of certain rights relative to the possession11
and carrying of certain firearms; to provide procedures by which such petitions shall12
be filed, heard, recorded, and reported to the Louisiana Supreme Court and to the13
National Instant Criminal Background Check System; to provide for the effects of14
judgments in such proceedings; and to provide for related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 13:752 and 753 are hereby enacted to read as follows:17
§752. Legislative findings18
(1) The Second Amendment of the United States Constitution provides that,19
"[a] well regulated Militia, being necessary to the security of a free State, the right20
of the people to keep and bear Arms, shall not be infringed".21 HLS 13RS-1434 REENGROSSED
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(2) Article I, Section 11 of the Louisiana Constitution provides that "The1
right of each citizen to keep and bear arms is fundamental and shall not be infringed.2
Any restriction on this right shall be subject to strict scrutiny."3
(3) Federal law (18 U.S.C. 922(g)) prohibits a person who has been4
convicted of a crime punishable by imprisonment exceeding one year from5
purchasing a firearm.6
(4) Federal law (18 U.S.C. 922(g)) further prohibits any person who the7
court has determined to have certain mental conditions from purchasing a firearm.8
(5) Based upon the successful interfacing of state law enforcement agencies9
with the Federal Bureau of Investigation criminal databases, information regarding10
a person's criminal convictions is available at the point of sale.11
(6) However, the reporting of judicial decisions which would, in effect,12
prohibit a person from being eligible to purchase a firearm under federal law has not13
been consistent nor has the information been uniformly reported to the Federal14
Bureau of Investigation.15
(7) The state of Louisiana has a compelling interest in protecting and16
preserving the fundamental rights of its citizens to keep and bear arms while also17
ensuring the timely reporting of information to the Federal Bureau of Investigation18
regarding court decisions which would prohibit the purchase of a firearm.19
(8) It is the express intention of the legislature that the provisions of this20
Section and R.S. 13:753 are enacted to provide for the collection of information and21
to facilitate the reporting of information which would prohibit the purchasing of22
firearms while preserving the constitutional rights of Louisiana citizens to keep and23
bear arms.24
§753. Reporting of information to Louisiana Supreme Court for NICS database;25
possession of a firearm26
A. Each district clerk of court shall report to the Louisiana Supreme Court27
for reporting to the National Instant Criminal Background Check System database28
the name and other identifying information of any adult who is prohibited from29 HLS 13RS-1434 REENGROSSED
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possessing a firearm pursuant to the laws of this state or 18 U.S.C. 922(d)(4) and1
(g)(4), by reason of a conviction or adjudication in a court of that district for any of2
the following:3
(1) A conviction of a crime listed in R.S. 14:95.1(A).4
(2) A verdict of an acquittal of a crime listed in R.S. 14:95.1(A) by reason5
of insanity pursuant to the provisions of Chapter 2 of Title XXI of the Code of6
Criminal Procedure.7
(3) A court determination that a person does not have the mental capacity to8
proceed with a criminal trial for a crime listed in R.S. 14:95.1(A) pursuant to the9
provisions of Chapter 1 of Title XXI of the Code of Criminal Procedure.10
(4) A court order requiring that a person be involuntarily committed to an11
inpatient mental health treatment facility pursuant to R.S. 28:54.12
(5) A court order prohibiting a person from possessing a firearm or13
restricting a person in the use of a firearm.14
B. The report shall be submitted to the Louisiana Supreme Court, in the15
manner and form as directed by the Supreme Court, within ten business days of the16
date of conviction, adjudication, or order of involuntary commitment.17
C. The Louisiana Supreme Court shall, within fifteen business days of18
receipt of the report, submit the information in the report to the National Instant19
Criminal Background Check System database.20
D. Except in the case of willful or wanton misconduct or gross negligence,21
no district clerk of court shall be held civilly or criminally liable on the basis of the22
accuracy, availability, or unavailability of any information reported or required to be23
reported pursuant to this Section.24
Section 2. R.S. 28:54(B) is hereby amended and reenacted and R.S. 28:57 is hereby25
enacted to read as follows:26
§54. Judicial commitment; procedure27
* * *28 HLS 13RS-1434 REENGROSSED
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B.(1) The petition shall contain the facts which are the basis of the assertion1
and provide the respondent with adequate notice and knowledge relative to the nature2
of the proceedings.3
(2)(a) In addition, the petition shall contain the following information4
regarding the respondent:5
(i) Name.6
(ii) Date of birth.7
(iii) Alias names, if any.8
(iv) Social security number.9
(v) Sex.10
(vi) Race.11
(b) If the petitioner is unable to provide any of the information listed in this12
Subparagraph, the petitioner shall include in the petition the reasons why that13
information cannot be provided.14
* * *15
§57. Petition for restoration of right to possess a firearm and to apply for permit for16
concealed handgun; procedures17
A. A person who is prohibited from possessing a firearm or is ineligible to18
be issued a concealed handgun permit pursuant to the provisions of 18 U.S.C.19
922(d)(4) and (g)(4) or of R.S. 40:1379.3(C)(13) because of an adjudication or20
commitment that occurred under the laws of this state may, upon release from21
involuntary commitment, file a civil petition seeking judgment ordering the removal22
of that prohibition.23
B. The petition for restoration shall be filed in the form of a rule to show24
cause and shall be filed in the district in which the adjudication or order of25
commitment occurred.26
C. The hearing on the petition shall be a contradictory proceeding with the27
attorney who represented the state in the original proceedings, or the attorney's28 HLS 13RS-1434 REENGROSSED
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successor, who shall represent the interests of the state and be served with a copy of1
the petition and citation to answer same not less than thirty days prior to the hearing.2
D. The hearing shall be in chambers, unless the court determines that it is in3
the best interest of the public that the hearing be in open court.4
E. At the hearing, the court shall consider evidence concerning all of the5
following:6
(1) The circumstances which prohibit the person from possessing a firearm7
or which render the person ineligible to receive a concealed handgun permit.8
(2) The petitioner's mental health and criminal history records, if any.9
(3) The petitioner's reputation, developed at a minimum through character10
witness statements, testimony, or other character evidence.11
(4) Changes in the petitioner's condition or circumstances since the original12
adjudication or commitment relevant to the relief sought. If the court determines the13
hearing should be open to the public, upon motion by the petitioner for restoration,14
the court may allow for in camera inspection of any mental health records.15
F. The court shall grant the relief requested if it finds, by a preponderance16
of the evidence, that the petitioner's record and reputation are such that he will not17
be likely to act in a manner dangerous to public safety and that the granting of the18
relief requested would not be contrary to the public interest. A record of the19
proceedings shall be maintained.20
G. In the event of a closed hearing, the record of the proceedings shall21
remain under seal and be disclosed only to an appellate court or the parties. The22
district court order may be reviewed on appeal to the court of appeal under a de novo23
standard of review. The appellate court shall maintain the confidentiality of the24
records.25
H. The petitioner for restoration in all cases shall pay the costs of the26
proceedings.27
I. After a judgment granting restoration of rights pursuant to the provisions28
of this Section has become final and definitive, the clerk of court in the district where29 HLS 13RS-1434 REENGROSSED
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the judgment was rendered shall, as soon as is practicable, but in no case later than1
ten business days after receipt of the final and definitive judgment, forward a copy2
of the judgment to the Louisiana Supreme Court. The Louisiana Supreme Court3
shall, within fifteen business days after receipt of the judgment, revise the person's4
record in any information database that the Louisiana Supreme Court makes5
available to the National Instant Criminal Background Check System, and shall6
notify the United States Attorney General for the purpose of reporting to the National7
Instant Criminal Background Check System that the basis for the prohibitions8
imposed by 18 U.S.C. 922(d)(4) and (g)(4) no longer applies.9
Section 3. R.S. 40:1379.3(C)(13) is hereby amended and reenacted to read as10
follows:11
§1379.3. Statewide permits for concealed handguns; application procedures;12
definitions13
* * *14
C. To qualify for a concealed handgun permit, a Louisiana resident shall:15
* * *16
(13) Not have been adjudicated to be mentally deficient or been committed17
to a mental institution, unless the resident's right to possess a firearm has been18
restored pursuant to R.S. 28:57.19
* * *20
Section 4. This Act shall become effective on January 1, 2014.21
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)]
Henry Burns HB No. 717
Abstract: Requires the reporting of certain information to the La. Supreme Court regarding
the possession or carrying of firearms and procedures for the restoration of firearms
rights.
Present law (R.S. 14:95.1) provides that it is unlawful for any person to possess a firearm
or to carry a concealed weapon who has been convicted of a crime of violence which is a
felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, HLS 13RS-1434 REENGROSSED
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unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous
instrumentalities, manufacture or possession of a delayed action incendiary device,
manufacture or possession of a bomb, or 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, or a sex offense, or 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.
Present law provides that this prohibition shall not apply if the person has not been convicted
of any felony for a period of 10 years from the date of completion of sentence, probation,
parole, or suspension of sentence.
Proposed law retains these provisions of present law.
Proposed law provides for a new reporting requirement for district clerks of court, effective
Jan. 1, 2014. Requires that each district clerk of court shall report to the La. Supreme Court
for reporting to the National Instant Criminal Background Check System (NICS) database
the name and other identifying information of an adult who is prohibited from possessing
a firearm under the laws of this state or under 18 U.S.C. 922(d)(4) and (g)(4), by reason of
one of the following convictions or adjudications in a court of that clerk's district:
(1)A conviction of a crime listed in R.S. 14:95.1(A).
(2)A verdict of an acquittal of a crime listed in R.S. 14:95.1(A) by reason of insanity.
(3)A court determination that a person does not have the mental capacity to proceed
with a criminal trial for a crime listed in R.S. 14:95.1(A).
(4)A court order requiring that a person be involuntarily committed to an inpatient
mental health treatment facility.
(5)A court order prohibiting a person from possessing a firearm or restricting a person
in the use of a firearm.
Proposed law requires the clerk of court to submit this report to the La. Supreme Court
within 10 business days of the date of conviction, adjudication, or order of involuntary
commitment, and requires the supreme court to, within 15 business days of the receipt of that
report, submit that information to the NICS database. Proposed law further provides that,
except in the case of willful or wanton misconduct or gross negligence, no district clerk of
court shall be held civilly or criminally liable on the basis of the accuracy, availability, or
unavailability of any information reported or required to be reported.
Present law provides for the manner in which a civil petition may be filed to have a person
judicially and involuntarily committed to an inpatient mental health treatment facility, upon
certain findings by the court. Provides for the information required to be included in that
petition.
Proposed law adds additional information to be included in such petition, including the
respondent's name, date of birth, alias names (if any), social security number, sex, and race.
Further provides that if the petitioner is unable to provide any of the information listed, the
petitioner shall include in the petition the reasons why such information cannot be provided.
Proposed law provides a process for a person to petition for restoration of his rights to
possess, ship, transport, or receive a firearm or apply for a permit to carry a concealed
handgun. Provides that such a person may, upon release from involuntary commitment, file
a civil petition seeking judgment ordering the removal of such disability. HLS 13RS-1434 REENGROSSED
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Proposed law provides that the petition for restoration shall be filed in the form of a rule to
show cause in the district in which the adjudication or order of commitment occurred.
Proposed law further provides that the hearing on the petition for restoration shall be a
contradictory proceeding. Proposed law further provides that the hearing shall be in
chambers, unless the court determines that it is in the best interest of the public that the
hearing be in open court.
Proposed law further provides that at the hearing on the petition for restoration, the court
shall consider evidence concerning all of the following:
(1)The circumstances prohibiting the possession of a firearm or rendering the person
ineligible to receive a concealed handgun permit.
(2)The petitioner's mental health and criminal history records, if any.
(3)The petitioner's reputation, developed at a minimum through character witness
statements, testimony, or other character evidence.
(4)Changes in the petitioner's condition or circumstances since the original adjudication
or commitment relevant to the relief sought.
Proposed law provides that if the court determines that the hearing shall be open to the
public, upon motion by the petitioner for restoration, the court may allow for in camera
inspection of any mental health records.
Proposed law provides that the court shall grant the relief requested if it finds, by a
preponderance of the evidence, that the petitioner's record and reputation are such that he
will not be likely to act in a manner dangerous to public safety and that the granting of the
relief requested would not be contrary to the public interest.
Proposed law provides that after a judgment granting restoration of rights has been issued
and becomes final and definitive, the clerk of court in the district where the judgment was
rendered shall within ten business days after receipt of the final and definitive judgment,
forward a copy of the judgment to the supreme court. Further provides that the supreme
court shall within 15 business days after receipt of the judgment revise the person's record
in any information database that the supreme court makes available to the National Instant
Criminal Background Check System, and shall notify the U.S. Attorney General.
Present law provides that one qualifying factor in a La. resident's application to state police
for a concealed carry permit is that the person shall not have been adjudicated to be mentally
deficient or have been committed to a mental institution.
Proposed law provides that, to qualify for a concealed handgun permit, a La. resident shall
not have been adjudicated to be mentally deficient or been committed to a mental institution,
unless the resident's right to possess a firearm has been restored pursuant to the petition for
restoration process in the proposed law.
Effective Jan. 1, 2014.
(Amends R.S. 28:54(B) and R.S. 40:1379.3(C)(13); Adds R.S. 13:752 and 753 and R.S.
28:57)