HLS 14RS-1157 ENGROSSED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 753
BY REPRESENTATIVES MORENO AND BROSSETT
FAMILY VIOLENCE: Provides relative to the possession of firearms as it relates to
persons convicted of domestic abuse battery or subject to a protective order
AN ACT1
To enact R.S. 14:95.10 and R.S. 46:2136.3, relative to the possession of firearms in2
domestic abuse situations; to prohibit the possession of firearms or carrying of a3
concealed weapon by persons convicted of domestic abuse battery; to prohibit the4
possession of firearms by persons who are the subject of protective orders or5
permanent injunctions involving domestic violence; to provide for penalties; to6
provide for definitions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:95.10 is hereby enacted to read as follows: 9
§95.10. Possession of a firearm or carrying of a concealed weapon by a person10
convicted of domestic abuse battery11
A. It is unlawful for any person who has been convicted of the crime of12
domestic abuse battery to possess a firearm or carry a concealed weapon.13
B. Whoever is found guilty of violating the provisions of this Section shall14
be imprisoned with or without hard labor for not less than one year nor more than15
five years and shall be fined not less than five hundred dollars nor more than one16
thousand dollars.17
C. A person shall not be considered to be convicted of R.S. 14:35.3 for the18
purposes of this Section unless the person was represented by counsel and convicted19
by a jury, or the person knowingly and intelligently waived his right to counsel or the20 HLS 14RS-1157 ENGROSSED
HB NO. 753
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
right to a jury trial. A person shall not be considered convicted of R.S. 14:35.3 for1
the purposes of this Section if the conviction has been expunged, set aside, or is an2
offense for which the person has been pardoned or had civil rights restored unless the3
pardon, expungement, or restoration of civil rights expressly provides that the person4
may not ship, possess, or receive firearms.5
D. For the provisions of this Section, "firearm" means any pistol, revolver,6
rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle7
which is designed to fire or is capable of firing fixed cartridge ammunition or from8
which a shot or projectile is discharged by an explosive.9
E. The provisions of this Section prohibiting the possession of firearms and10
carrying concealed weapons by persons who have been convicted of domestic abuse11
battery shall not apply to any person who has not been convicted of domestic abuse12
battery for a period of ten years from the date of completion of sentence, probation,13
parole, or suspension of sentence.14
Section 2. R.S. 46:2136.3 is hereby enacted to read as follows:15
§2136.3. Prohibition on the possession of firearms by a person against whom a16
protective order is issued17
A. Any person against whom the court has issued a permanent injunction or18
a protective order pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S.19
46:2136 or 2151, Children's Code Article 1570, Code of Civil Procedure Article20
3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2, or 871.1 shall be21
prohibited from possessing a firearm for the duration of the injunction or protective22
order if both of the following occur:23
(1) The permanent injunction or protective order includes a finding that the24
person subject to the permanent injunction or protective order represents a credible25
threat to the physical safety of a family member or household member.26
(2) The permanent injunction or protective order informs the person subject27
to the permanent injunction or protective order that the person is prohibited from28 HLS 14RS-1157 ENGROSSED
HB NO. 753
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(8) and R.S.1
46:2136.3.2
B. For the provisions of this Section, "firearm" means any pistol, revolver,3
rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle4
which is designed to fire or is capable of firing fixed cartridge ammunition or from5
which a shot or projectile is discharged by an explosive.6
* * *7
Section 3. The Judicial Administrator's Office of the Louisiana Supreme Court is8
hereby directed to amend the Uniform Abuse Prevention Order to include a reference to R.S.9
46:2136.3, enacted by the provisions of this Act, to those portions of the order which notify10
and warn the person against whom the order is issued of the federal prohibitions relative to11
firearms and ammunition.12
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 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 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 if both of the
following occur:
(1)The permanent injunction or protective order includes a finding that the person
subject to the permanent injunction or protective order represents a credible threat
to the physical safety of a family member or household member.
(2)The permanent injunction or protective order informs the person subject to the
permanent injunction or protective order that the person is prohibited from
possessing a firearm pursuant to both state and federal law.
Proposed law creates the crime of possession of a firearm or carrying of a concealed weapon
by a person convicted of domestic abuse battery.
Proposed law provides penalties of imprisonment with or without hard labor for not less than
one year nor more than five years and a fine of not less than $500 nor more than $1,000. HLS 14RS-1157 ENGROSSED
HB NO. 753
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that if 10 years has passed since the completion of the sentence for
domestic abuse battery or from probation, parole, or suspension of sentence, it shall not be
a violation of proposed law.
Proposed law directs the Judicial Administrator's Office of the Louisiana Supreme Court to
amend the Uniform Abuse Prevention Order to notify and warn the person against whom the
order is issued of the state and federal prohibitions relative to firearms and ammunition.
(Adds R.S. 14:95.10 and R.S. 46:2136.3)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted proposed law firearm seizure provisions.
2. Added criminal prohibition for possessing a firearm or carrying a concealed
weapon by a person convicted of domestic abuse battery.
3. Added requirements for domestic abuse battery protective order and permanent
injunction with respect to the prohibition of possessing a firearm.
4. Deleted proposed law amendment to the crime of possession of a firearm or
carrying a concealed weapon by a person convicted of certain felony offenses.
5. Required the Judicial Administrator's Office of the Louisiana Supreme Court to
amend the Uniform Abuse Prevention Order to include a reference to state law
to those portions of the order which notify and warn the person against whom
the order is issued of the federal prohibitions relative to firearms and
ammunition.