Moreno (HB 753) Act No. 195
Existing 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.
New 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.
New law creates the crime of possession of a firearm or carrying of a concealed weapon by
a person convicted of domestic abuse battery.
New 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.
New law provides that a person cannot be considered to have been convicted of domestic
abuse battery for purposes of new law unless the person was represented by counsel in the
case, or knowingly and intelligently waived the right to counsel in the case; and in the case
of a prosecution for an offense described in new law for which a person was entitled to a jury
trial in the jurisdiction in which the case was tried, either the case was tried by a jury, or the
person knowingly and intelligently waived the right to have the case tried by a jury, by guilty
plea or otherwise.
New law shall not apply if 10 years have passed since the completion of the sentence for
domestic abuse battery or from probation, parole, or suspension of sentence.
New law directs the Judicial Administrator's Office of the La. Supreme Court to amend each
Uniform Abuse Prevention Order to notify the person against whom the order is issued of
the state and federal prohibitions relative to firearms and ammunition.
Effective Aug. 1, 2014.
(Adds R.S. 14:95.10 and R.S. 46:2136.3)