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, 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
January 1, 2014. Requires that each district clerk of court shall report to the Louisiana 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 ten
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.
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 United States Attorney General.
Present law provides that one qualifying factor in a Louisiana 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 Louisiana 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)