HLS 14RS-1157 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 753
BY REPRESENTATIVE MORENO
FAMILY VIOLENCE: Provides relative to the possession, forfeiture, and seizure of
firearms as it relates to persons convicted of domestic abuse battery or subject to a
protective order
AN ACT1
To amend and reenact R.S. 14:95.1(A) and (C) and to enact R.S. 46:2136.3 and 2140(A)(5),2
relative to the possession of firearms in domestic abuse situations; to prohibit the3
possession of firearms or carrying of a concealed weapon by persons convicted of4
domestic abuse battery; to prohibit the possession of firearms by persons who are the5
subject of protective orders or permanent injunctions involving domestic violence;6
to require that law enforcement officers seize firearms in certain circumstances; to7
provide for definitions; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:95.1(A) and (C) are hereby amended and reenacted to read as10
follows: 11
§95.1. Possession of firearm or carrying concealed weapon by a person convicted12
of certain felonies offenses13
A.(1) It is unlawful for any person who has been convicted of a crime of14
violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary15
of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited16
dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture17
or possession of a delayed action incendiary device, manufacture or possession of18
a bomb, or possession of a firearm while in the possession of or during the sale or19 HLS 14RS-1157 ORIGINAL
HB NO. 753
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distribution of a controlled dangerous substance, or any violation of the Uniform1
Controlled Dangerous Substances Law which is a felony, or any crime which is2
defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to3
commit one of the above-enumerated offenses under the laws of this state, or who4
has been convicted under the laws of any other state or of the United States or of any5
foreign government or country of a crime which, if committed in this state, would6
be one of the above-enumerated crimes, to possess a firearm or carry a concealed7
weapon.8
(2) It shall be unlawful for any person who is convicted of a violation of R.S.9
14:35.3 on or after August 1, 2014, regardless of whether the offense is punishable10
with or without hard labor, to possess a firearm or to carry a concealed weapon.11
* * *12
C. The provisions of this Section prohibiting the possession of firearms and13
carrying concealed weapons by persons who have been convicted of certain felonies,14
or a misdemeanor offense of domestic abuse battery shall not apply to any person15
who has not been convicted of any felony or a misdemeanor offense of domestic16
abuse battery for a period of ten years from the date of completion of sentence,17
probation, parole, or suspension of sentence.18
* * *19
Section 2. R.S. 46:2136.3 and 2140(A)(5) are hereby enacted to read as follows:20
§2136.3. Prohibition on the possession of firearms by a person against whom a21
protective order is issued22
A. Any person against whom the court has issued a permanent injunction or23
a protective order pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S.24
46:2136 or 2151, Children's Code Article 1570, Code of Civil Procedure Article25
3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2, or 871.1 shall be26
prohibited from possessing a firearm for the duration of the injunction or protective27
order.28 HLS 14RS-1157 ORIGINAL
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B. For the provisions of this Section, "firearm" means any pistol, revolver,1
rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle2
which is designed to fire or is capable of firing fixed cartridge ammunition or from3
which a shot or projectile is discharged by an explosive.4
* * *5
§2140. Law enforcement officers; duties6
A. Whenever a law enforcement officer has reason to believe that a family7
or household member or dating partner has been abused, the officer shall8
immediately use all reasonable means to prevent further abuse, including:9
* * *10
(5) Seizing any firearm possessed by the abusing party in the presence of the11
officer if the officer believes that there could be impending danger through the use12
of the firearm or if the abusing party is the subject of a protective order or permanent13
injunction and prohibited from possessing a firearm pursuant to the provisions of14
R.S. 40:2136.3. Any weapons seized pursuant to this Paragraph shall be returned to15
the owner upon expiration of the protective order or permanent injunction.16
* * *17
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)]
Moreno HB No. 753
Abstract: Limits possession of firearms or carrying of concealed weapons in certain
domestic abuse situations.
Present law prohibits the possession of a firearm or carrying of a concealed weapon by
persons convicted of certain felony offenses.
Proposed law retains present law and adds convictions of misdemeanor domestic abuse
battery.
Present law provides for protection from family violence and provides for services for
victims of abuse and the duties of law enforcement officers regarding abuse situations.
Proposed law retains present law and requires law enforcement officers to seize firearms at
the scene of an act of domestic violence if they believe there could be impending danger. HLS 14RS-1157 ORIGINAL
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Proposed law provides that any person against whom the court has issued a permanent
injunction or a protective order relative to domestic abuse shall be prohibited from
possessing a firearm for the duration of the injunction or protective order.
(Amends R.S. 14:95.1(A) and (C); Adds R.S. 46:2136.3 and 2140(A)(5))