ENROLLED
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Regular Session, 2014
HOUSE BILL NO. 753
BY REPRESENTATIVES MORENO, ADAMS, BADON, BARROW, BERTHELOT,
BILLIOT, WESLEY BISHOP, BROSSETT, BROWN, HENRY BURNS, TIM
BURNS, BURRELL, CHAMPAGNE, CONNICK, COX, DIXON, GAINES,
GISCLAIR, GUILLORY, HARRIS, HARRISON, HAVARD, HENSGENS,
HONORE, HOWARD, HUNTER, KATRINA JACKSON, JAMES, JEFFERSON,
JONES, KLECKLEY, NANCY LANDRY, TERRY LANDRY, LEBAS, LEGER,
LEOPOLD, LOPINTO, LORUSSO, MILLER, MONTOUCET, JAY MORRI S,
PIERRE, POPE, PRICE, PYLANT, RITCHIE, SCHEXNAYDER, SMITH, ST.
GERMAIN, THIBAUT, THIERRY, ALFRED WILLIAMS, PATRICK WILLIAMS,
AND WOODRUFF AND SENATORS ALARIO, AMEDEE, APPEL, BROOME,
BROWN, BUFFINGTON, CORTEZ, DONAHUE, DORSEY-COLOMB,
GUILLORY, JOHNS, LAFLEUR, LONG, MARTINY, MILLS, MORRELL,
MURRAY, NEVERS, PEACOCK, RISER, GARY SMITH, THOMPSON,
WALSWORTH, AND WARD
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, R.S. 14:35.3, to possess a firearm or carry a concealed13
weapon.14
B. Whoever is found guilty of violating the provisions of this Section shall15
be imprisoned with or without hard labor for not less than one year nor more than16
five years and shall be fined not less than five hundred dollars nor more than one17
thousand dollars.18 ENROLLEDHB NO. 753
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C. A person shall not be considered to have been convicted of domestic1
abuse battery for purposes of this Section unless the person was represented by2
counsel in the case, or knowingly and intelligently waived the right to counsel in the3
case; and in the case of a prosecution for an offense described in this Section for4
which a person was entitled to a jury trial in the jurisdiction in which the case was5
tried, either the case was tried by a jury, or the person knowingly and intelligently6
waived the right to have the case tried by a jury, by guilty plea or otherwise. A7
person shall not be considered convicted of R.S. 14:35.3 for the purposes of this8
Section if the conviction has been expunged, set aside, or is an offense for which the9
person has been pardoned or had civil rights restored unless the pardon,10
expungement, or restoration of civil rights expressly provides that the person may11
not ship, possess, or receive firearms.12
D. For the provisions of this Section, "firearm" means any pistol, revolver,13
rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle14
which is designed to fire or is capable of firing fixed cartridge ammunition or from15
which a shot or projectile is discharged by an explosive.16
E. The provisions of this Section prohibiting the possession of firearms and17
carrying concealed weapons by persons who have been convicted of domestic abuse18
battery shall not apply to any person who has not been convicted of domestic abuse19
battery for a period of ten years from the date of completion of sentence, probation,20
parole, or suspension of sentence.21
Section 2. R.S. 46:2136.3 is hereby enacted to read as follows:22
§2136.3. Prohibition on the possession of firearms by a person against whom a23
protective order is issued24
A. Any person against whom the court has issued a permanent injunction or25
a protective order pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S.26
46:2136 or 2151, Children's Code Article 1570, Code of Civil Procedure Article27
3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2, or 871.1 shall be28
prohibited from possessing a firearm for the duration of the injunction or protective29
order if both of the following occur:30 ENROLLEDHB NO. 753
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are additions.
(1) The permanent injunction or protective order includes a finding that the1
person subject to the permanent injunction or protective order represents a credible2
threat to the physical safety of a family member or household member.3
(2) The permanent injunction or protective order informs the person subject4
to the permanent injunction or protective order that the person is prohibited from5
possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(8) and R.S.6
46:2136.3.7
B. For the provisions of this Section, "firearm" means any pistol, revolver,8
rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle9
which is designed to fire or is capable of firing fixed cartridge ammunition or from10
which a shot or projectile is discharged by an explosive.11
* * *12
Section 3. The Judicial Administrator's Office of the Louisiana Supreme Court is13
hereby directed to amend each Uniform Abuse Prevention Order to include the specific14
language of R.S. 46:2136.3(A)(1) and (2), as enacted by the provisions of this Act.15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: