Louisiana 2016 2016 Regular Session

Louisiana House Bill HB780 Comm Sub / Analysis

                    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)]
HB 780 Original	2016 Regular Session	Moreno
Abstract:  Establishes court procedures for the transfer of firearms following certain criminal
convictions or the issuance of a protective order where possession of firearms is prohibited.
Present law provides that a person shall not possess firearms upon conviction of certain offenses
involving domestic violence or the issuance of a protective order.
Proposed law retains present law.
Proposed law provides that the court shall order the transfer of firearms possessed by a person who
is prohibited from possessing a firearm pursuant to the laws of this state by reason of any of the
following:
(1)Any person convicted of domestic abuse battery.
(2)Any person convicted of possession of a firearm or carrying a concealed weapon by a person
convicted of domestic abuse battery.
(3)Any person against whom the court has issued a permanent injunction or a protective order.
(4)Any person against whom the court has prohibited from possessing a firearm pursuant to a
Uniform Abuse Prevention Order.
Proposed law provides that the person shall transfer firearms in their possession immediately but not
later than 48 hours of the issuance of the court order, if the offender is incarcerated then immediately
but not later than 48 hours of release.
Proposed law authorizes the court to designate a law enforcement agency in each judicial district,
or a third party in some cases, to be the agency to receive the weapons which are transferred.
Proposed law provides procedures for a hearing if the person transferring the guns wishes to
designate a third party to receive the guns, or if the court decides to have a hearing for any other
reason.
Proposed law provides procedures for those firearms transferred regarding the transfer and return of
the firearms.  (Adds C.Cr.P. Arts. 1001 - 1009)