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.
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.