Riser (SB 135) Act No. 404
New 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 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)Guilty of a crime listed in R.S. 14:95.1(A).
(2)Not guilty by reason of insanity for a crime listed in R.S. 14:95.1(A).
(3)Lacking mental capacity to proceed to trial for a crime listed in R.S. 14:95.1(A).
(4)Ordered involuntarily committed to an inpatient mental health treatment facility
pursuant to R.S. 28:54.
[NOTE: 18 U.S.C. §922 (d)(4) prohibits the selling or otherwise disposing of any firearm
or ammunition to a person knowing or having reasonable cause to believe that such person
"has been adjudicated as a mental defective or has been committed to any mental institution".
18 U.S.C. §922(g)(4) prohibits a person who "has been adjudicated as a mental defective or
who has been committed to any mental institution" to "ship or transport in interstate or
foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to
receive any firearm or ammunition which has been shipped or transported in interstate or
foreign commerce".]
[NOTE: R.S. 14:95.1(A) states, "A. It is unlawful for any person who has been convicted
of a crime of violence as defined in R.S. 14.2(B) 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 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 the above-enumerated offenses
under the laws of this state, or who has been convicted under the laws of any 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, to possess a firearm or carry a
concealed weapon."]
New law provides that the clerk of court shall submit this report to the supreme court, in the
manner and form as directed by the court, within 10 business days of the date of conviction,
adjudication or order of involuntary commitment, and that the court shall, 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.
Prior law provided 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. Provided 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 petitioner is unable to provide any of the information listed, the
petitioner shall include in the petition the reasons why that information cannot be provided.
New law provides for a process for a person subject to the disabilities of 18 U.S.C.
§922(d)(4) and (g)(4) 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 and shall be filed in the district in which the adjudication or order of commitment
occurred. New law further provides that hearing on the petition for restoration shall be a
contradictory proceeding with the attorney who represented the state in the original
proceedings, or the attorney's successor, who shall represent the interests of the state and be
served with a copy of the petition and citation to answer same not less than 30 days prior to
the hearing. New 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.
New law further provides that at the hearing on the petition for restoration, the court shall
consider evidence concerning the following:
(1)The circumstances regarding the firearm disabilities from which relief is sought.
(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; and
(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 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 render such judgment as the nature of the relief and the
law and evidence shall justify. 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. Provides that a record of
the proceedings shall be kept. New law further provides that, in the event the hearing on the
petition is closed, the record of the proceedings shall remain under seal and be disclosed only
to an appellate court or the parties. New law provides that the district court order may be
reviewed on appeal to the court of appeal under a de novo standard of review. Further
provides that the appellate court shall maintain the confidentiality of the records. New law
provides that the petitioner for restoration shall in all cases pay the costs of the proceedings.
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 10 business days after receipt of the final and definitive judgment,
forward a copy of the judgment to the supreme court. Further provides that the court shall
within15 business days after receipt of the judgment revise the person's record in any
information database that the court makes available to the National Instant Criminal
Background Check System, and shall notify the U.S. Attorney General that the basis for the
disabilities imposed by 18 U.S.C. §922(d)(4) and (g)(4) no longer applies.
Prior law provided 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.
New 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 new law.
Effective January 1, 2014.
(Amends R.S. 28:54(B) and R.S. 40:1379.3(C)(13); adds R.S. 13:752 and R.S. 28:57)