RESUMEHB717 427 4760
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Henry Burns (HB717) Act No. 403
Existing 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 delaye d 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.
Existing 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.
New law provides for a new reporting requirement for district clerks of court, effective Jan.
1, 2014. Requires that, notwithstanding certain provisions of existing law governing sealing
of records of mentally ill persons coming before a court, 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 certain federal
provisions 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), which includes a felony crime of
violence, 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, possession of a firearm
while in the possession of or during the sale or distribution of a controlled dangerous
substance, any felony violation of the Uniform Controlled Dangerous Substances
Law, or any crime which is defined as a sex offense in R.S. 15:541, or any crime
defined as an attempt to commit one of these offenses.
(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 finding a person dangerous to self or others and 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.
New 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 court to, within 15 business days of the receipt of that report, submit that
information to the NICS database. New 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.
Existing 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 RESUMEHB717 427 4760
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certain findings by the court. Provides for the information required to be included in that
petition.
New 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 judgment does not contain any of the information required by new
law, it must include the reasons why the information cannot be provided.
New 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.
New 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. Further
provides that the hearing on the petition for restoration shall be a contradictory proceeding.
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.
New 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.
New 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.
New 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.
New 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.
Existing 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.
New law provides that, to qualify for a concealed handgun permit, a La. resident shall not
have been adjudicated dangerous to self or others pursuant to existing law unless the
resident's right to possess a firearm has been restored pursuant to existing law.
Effective January 1, 2014. RESUMEHB717 427 4760
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(Amends R.S. 40:1379.3(C)(13); Adds R.S. 13:752 and 753 and R.S. 28:57)