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ACT No. 403
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, THIBAUT, AND WHITNEY AND
SENATOR THOMPSON
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 ENROLLEDHB NO. 717
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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
possessing a firearm pursuant to the laws of this state or 18 U.S.C. 922(d)(4) and30 ENROLLEDHB NO. 717
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(g)(4), by reason of a conviction or adjudication in a court of that district for any of1
the following:2
(1) A conviction of a crime listed in R.S. 14:95.1(A).3
(2) A verdict of an acquittal of a crime listed in R.S. 14:95.1(A) by reason4
of insanity pursuant to the provisions of Chapter 2 of Title XXI of the Code of5
Criminal Procedure.6
(3) A court determination that a person does not have the mental capacity to7
proceed with a criminal trial for a crime listed in R.S. 14:95.1(A) pursuant to the8
provisions of Chapter 1 of Title XXI of the Code of Criminal Procedure.9
(4) A court order requiring that a person be involuntarily committed to an10
inpatient mental health treatment facility pursuant to R.S. 28:54.11
(5) A court order prohibiting a person from possessing a firearm or12
restricting a person in the use of a firearm.13
B. The report shall be submitted to the Louisiana Supreme Court, in the14
manner and form as directed by the Supreme Court, within ten business days of the15
date of conviction, adjudication, or order of involuntary commitment.16
C. The Louisiana Supreme Court shall, within fifteen business days of17
receipt of the report, submit the information in the report to the National Instant18
Criminal Background Check System database.19
D. Except in the case of willful or wanton misconduct or gross negligence,20
no district clerk of court shall be held civilly or criminally liable on the basis of the21
accuracy, availability, or unavailability of any information reported or required to be22
reported pursuant to this Section.23
Section 2. R.S. 28:54(B) is hereby amended and reenacted and R.S. 28:57 is hereby24
enacted to read as follows:25
§54. Judicial commitment; procedure26
* * *27
B.(1) The petition shall contain the facts which are the basis of the assertion28
and provide the respondent with adequate notice and knowledge relative to the nature29
of the proceedings.30 ENROLLEDHB NO. 717
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(2)(a) In addition, the petition shall contain the following information1
regarding the respondent:2
(i) Name.3
(ii) Date of birth.4
(iii) Alias names, if any.5
(iv) Social security number.6
(v) Sex.7
(vi) Race.8
(b) If the petitioner is unable to provide any of the information listed in this9
Subparagraph, the petitioner shall include in the petition the reasons why that10
information cannot be provided.11
* * *12
§57. Petition for restoration of right to possess a firearm and to apply for permit for13
concealed handgun; procedures14
A. A person who is prohibited from possessing a firearm or is ineligible to15
be issued a concealed handgun permit pursuant to the provisions of 18 U.S.C.16
922(d)(4) and (g)(4) or of R.S. 40:1379.3(C)(13) because of an adjudication or17
commitment that occurred under the laws of this state may, upon release from18
involuntary commitment, file a civil petition seeking judgment ordering the removal19
of that prohibition.20
B. The petition for restoration shall be filed in the form of a rule to show21
cause and shall be filed in the district in which the adjudication or order of22
commitment occurred.23
C. The hearing on the petition shall be a contradictory proceeding with the24
attorney who represented the state in the original proceedings, or the attorney's25
successor, who shall represent the interests of the state and be served with a copy of26
the petition and citation to answer same not less than thirty days prior to the hearing.27
D. The hearing shall be in chambers, unless the court determines that it is in28
the best interest of the public that the hearing be in open court.29 ENROLLEDHB NO. 717
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E. At the hearing, the court shall consider evidence concerning all of the1
following:2
(1) The circumstances which prohibit the person from possessing a firearm3
or which render the person ineligible to receive a concealed handgun permit.4
(2) The petitioner's mental health and criminal history records, if any.5
(3) The petitioner's reputation, developed at a minimum through character6
witness statements, testimony, or other character evidence.7
(4) Changes in the petitioner's condition or circumstances since the original8
adjudication or commitment relevant to the relief sought. If the court determines the9
hearing should be open to the public, upon motion by the petitioner for restoration,10
the court may allow for in camera inspection of any mental health records.11
F. The court shall grant the relief requested if it finds, by a preponderance12
of the evidence, that the petitioner's record and reputation are such that he will not13
be likely to act in a manner dangerous to public safety and that the granting of the14
relief requested would not be contrary to the public interest. A record of the15
proceedings shall be maintained.16
G. In the event of a closed hearing, the record of the proceedings shall17
remain under seal and be disclosed only to an appellate court or the parties. The18
district court order may be reviewed on appeal to the court of appeal under a de novo19
standard of review. The appellate court shall maintain the confidentiality of the20
records.21
H. The petitioner for restoration in all cases shall pay the costs of the22
proceedings.23
I. After a judgment granting restoration of rights pursuant to the provisions24
of this Section has become final and definitive, the clerk of court in the district where25
the judgment was rendered shall, as soon as is practicable, but in no case later than26
ten business days after receipt of the final and definitive judgment, forward a copy27
of the judgment to the Louisiana Supreme Court. The Louisiana Supreme Court28
shall, within fifteen business days after receipt of the judgment, revise the person's29
record in any information database that the Louisiana Supreme Court makes30 ENROLLEDHB NO. 717
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available to the National Instant Criminal Background Check System, and shall1
notify the United States Attorney General for the purpose of reporting to the National2
Instant Criminal Background Check System that the basis for the prohibitions3
imposed by 18 U.S.C. 922(d)(4) and (g)(4) no longer applies.4
Section 3. R.S. 40:1379.3(C)(13) is hereby amended and reenacted to read as5
follows:6
§1379.3. Statewide permits for concealed handguns; application procedures;7
definitions8
* * *9
C. To qualify for a concealed handgun permit, a Louisiana resident shall:10
* * *11
(13) Not have been adjudicated to be mentally deficient or been committed12
to a mental institution, unless the resident's right to possess a firearm has been13
restored pursuant to R.S. 28:57.14
* * *15
Section 4. This Act shall become effective on January 1, 2014.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: