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words in boldface type and underscored are additions.
Regular Session, 2013 ENROLLED
SENATE BILL NO. 135
BY SENATORS RISER AND THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 R.S. 28:57, relative to possession of weapons and permits to carry concealed3
weapons; to provide relative to certain judicial proceedings and reports; to provide4
for mandatory reporting of certain information regarding persons ineligible to5
possess, ship, transport or receive firearms or to apply for a permit to carry a6
concealed weapon by virtue of certain state and federal law; to provide for7
mandatory reporting of involuntary judicial commitments or certain adjudications8
for certain offenses; to provide procedures by which such information shall be9
reported to the Louisiana Supreme Court and to the National Instant Criminal10
Background Check System database; to provide procedures by which certain persons11
may file a civil petition seeking adjudicated restoration of rights; to provide12
procedures by which such petitions shall be filed, heard, recorded, and reported to13
the Louisiana Supreme Court and to the National Instant Criminal Background14
Check System; to provide for the effects of judgments in such proceedings; and to15
provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 13:752 is hereby enacted to read as follows:18
§752. Reporting of information to Louisiana Supreme Court for NICS19
database; possession of firearm20
A. Effective January 1, 2014, each district clerk of court shall report to21
the Louisiana Supreme Court for reporting to the National Instant Criminal22
Background Check System database the name and other identifying23
information of an adult who is prohibited from possessing a firearm pursuant24
ACT No. 404 SB NO. 135 ENROLLED
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words in boldface type and underscored are additions.
to the laws of this state or 18 U.S.C. §922(d)(4) and (g)(4) by reason of a1
conviction or adjudication in a court of that district for any of the following:2
(1) Guilty of a crime listed in R.S. 14:95.1(A).3
(2) Not guilty by reason of insanity for a crime listed in R.S. 14:95.1(A).4
(3) Lacking mental capacity to proceed to trial for a crime listed in R.S.5
14:95.1(A).6
(4) Ordered to be involuntarily committed to an inpatient mental health7
treatment facility pursuant to R.S. 28:54.8
B. The report shall be submitted to the Louisiana Supreme Court, in the9
manner and form as directed by the supreme court, within ten business days of10
the date of conviction, adjudication, or order of involuntary commitment.11
C. The Louisiana Supreme Court shall within fifteen business days of12
receipt of the report submit the information in the report to the National13
Instant Criminal Background Check System database.14
D. Except in the case of willful or wanton misconduct or gross15
negligence, no district clerk of court shall be held civilly or criminally liable on16
the basis of the accuracy, availability, or unavailability of any information17
reported or required to be reported pursuant to this Section.18
Section 2. R.S. 28:54(B) is hereby amended and reenacted to read as follows:19
§54. Judicial commitment; procedure20
* * *21
B.(1) The petition shall contain the facts which that are the basis of the22
assertion and provide the respondent with adequate notice and knowledge relative23
to the nature of the proceedings.24
(2) In addition, the petition shall contain the following information25
regarding the respondent:26
(a) Name.27
(b) Date of birth. 28
(c) Aliases, if any.29
(d) Social security number.30 SB NO. 135 ENROLLED
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(e) Sex. 1
(f) Race.2
If the petitioner is unable to provide any of the information listed in this3
Paragraph, the petitioner shall include in the petition the reasons why that4
information cannot be provided.5
* * *6
Section 3. R.S. 28:57 is hereby enacted to read as follows:7
§57. Petition for restoration of right to possess firearm and to apply for permit8
for concealed handgun; procedure9
A. A person who is subject to the disabilities of 18 U.S.C. §922(d)(4) and10
(g)(4) or of R.S. 40:1379.3(C)(13) because of an adjudication or commitment11
that occurred under the laws of this state may, upon release from involuntary12
commitment, file a civil petition seeking judgment ordering the removal of such13
disabilities.14
B. The petition for restoration shall be filed in the form of a rule to show15
cause and shall be filed in the district in which the adjudication or order of16
commitment occurred.17
C. The hearing on the petition shall be a contradictory proceeding with18
the attorney who represented the state in the original proceeding, or the19
attorney's successor, who shall represent the interests of the state and be served20
with a copy of the petition and citation to answer it not less than thirty days21
prior to the hearing.22
D. The hearing shall be in chambers, unless the court determines that23
it is in the best interest of the public that the hearing be in open court.24
E. At the hearing, the court shall consider evidence concerning:25
(1) The circumstances regarding the firearm disabilities from which26
relief is sought.27
(2) The petitioner's mental health and criminal history records, if any.28
(3) The petitioner's reputation, developed at a minimum through29
character witness statements, testimony, or other character evidence.30 SB NO. 135 ENROLLED
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(4) Changes in the petitioner's condition or circumstances since the1
original adjudication or commitment relevant to the relief sought. If the court2
determines the hearing should be open to the public, upon motion by the3
petitioner for restoration, the court may allow for in camera inspection of any4
mental health records.5
F. The court shall render such judgment as the nature of the relief and6
the law and evidence shall justify. The court shall grant the relief requested if7
it finds, by a preponderance of the evidence, that the petitioner's record and8
reputation are such that he will not be likely to act in a manner dangerous to9
public safety and that the granting of the relief requested would not be contrary10
to the public interest. A record of the proceedings shall be kept.11
G. In the event of a closed hearing, the record of the proceedings shall12
remain under seal and be disclosed only to an appellate court or the parties. The13
district court order may be reviewed on appeal to the court of appeal under a14
de novo standard of review. The appellate court shall maintain the15
confidentiality of the records.16
H. The petitioner for restoration in all cases shall pay the costs of the17
proceedings.18
I. After a judgment granting restoration of rights under this Section has19
become final and definitive, the clerk of court in the district where the judgment20
was rendered shall, as soon as is practicable, but in no case later than ten21
business days after receipt of the final and definitive judgment, forward a copy22
of the judgment to the Louisiana Supreme Court. The Louisiana Supreme23
Court shall within fifteen business days after receipt of the judgment revise the24
person's record in any information database that the Louisiana Supreme Court25
makes available to the National Instant Criminal Background Check System26
and shall notify the United States Attorney General for the purpose of reporting27
to the National Instant Criminal Background Check System that the basis for28
the disabilities imposed by 18 U.S.C. §922(d)(4) and (g)(4) no longer applies.29
Section 4. R.S. 40:1379.3(C)(13) is hereby amended and reenacted to read as30 SB NO. 135 ENROLLED
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follows:1
§1379.3. Statewide permits for concealed handguns; application procedures;2
definitions3
* * *4
C. To qualify for a concealed handgun permit, a Louisiana resident shall:5
* * *6
(13) Not have been adjudicated to be mentally deficient or been committed7
to a mental institution, unless the resident's right to possess a firearm has been8
restored pursuant to R.S. 28:57.9
* * *10
Section 5. This Act shall become effective on January 1, 2014.11
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: