SLS 18RS-175 ORIGINAL
2018 Regular Session
SENATE BILL NO. 231
BY SENATOR MORRELL
WEAPONS. Provides relative to firearm relinquishment for the violation of a protective
order. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 14:95.1.3(D) and 95.10(B) and the introductory paragraph of
3 R.S. 46:2136.3(A), to enact R.S. 14:79(A)(4) and (C)(3), 14:95.1.3(E), R.S.
4 46:2136.3(C), and Title XXXV of the Code of Criminal Procedure, to be comprised
5 of Arts. 1000 through 1003, and to repeal R.S. 46:2137, relative to firearms; to
6 provide penalties for the violation of a protective order; to provide penalties for
7 fraudulent firearms purchases; to require certain reporting; to create a firearm
8 relinquishment program; to designate sheriffs as repository for firearms; to provide
9 procedure for storage and return of firearms; to require the development of forms,
10 policies, and procedures; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 14:95.1.3(D) and 95.10(B) are hereby amended and reenacted and
13 R.S. 14:79(A)(4) and (C)(3) and 95.1.3(E) are hereby enacted to read as follows:
14 §79. Violation of protective orders
15 A.(1)(a) * * *
16 * * *
17 (4) Violation of protective orders shall also include the possession of a
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1 firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the
2 purchase or attempted purchase of a firearm, and the carrying of a concealed
3 weapon.
4 * * *
5 C.(1) * * *
6 * * *
7 (3) Whoever is convicted of the offense of violation of protective orders
8 where the violation involves the possession, purchase, or attempted purchase of
9 a firearm or the carrying of a concealed weapon shall be prosecuted pursuant
10 to the provisions of R.S. 14:95.1, 95.1.3, or 95.10, as is applicable.
11 * * *
12 §95.1.3. Fraudulent firearm and ammunition purchase; mandatory reporting
13 * * *
14 D. Whoever violates the provisions of this Section shall be fined not less than
15 one thousand dollars or more than five thousand dollars, or imprisoned, with or
16 without at hard labor, for not less than one year five nor or more than five twenty
17 years, or both. At least one year of the The sentence imposed shall be served without
18 benefit of parole, probation, or suspension of sentence. Notwithstanding the
19 provisions of R.S. 14:27, whoever is found guilty of attempting to violate the
20 provisions of this Section shall be imprisoned at hard labor for not more than
21 seven and one-half years and fined not less than five hundred dollars nor more
22 than two thousand five hundred dollars.
23 E.(1) If a person is reported ineligible to purchase firearms by the
24 National Instant Criminal Background Check System (NICS), the licensed
25 dealer shall report the denial to the sheriff of the parish in which the attempted
26 purchase occurred. The licensed dealer shall report the attempted purchaser's
27 name, sex, race, and date of birth within twenty-four hours of the attempted
28 purchase in a format prescribed by the sheriff.
29 (2) Within twenty-four hours of receiving notice of the denial, the sheriff
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1 shall search the Louisiana Protective Order Registry or any other database to
2 determine if the attempted purchaser is prohibited from possessing a firearm
3 or carrying a concealed weapon. If the attempted purchaser has a permanent
4 injunction, a protective order pursuant to a court-approved consent agreement
5 or pursuant to the provisions of R.S. 14:95.1 or 95.10 or R.S. 46:2136.3, the
6 sheriff shall immediately seek to arrest the attempted purchaser.
7 (3) If the person has a permanent injunction or protective order issued
8 against him, the sheriff shall attempt to notify the protected person using the
9 telephone number available in the Louisiana Protective Order Registry or any
10 method that allows notification to be provided without unnecessary delay. If the
11 protected person does not reside in the parish of the attempted purchase, the
12 sheriff shall notify the sheriff of the parish where the protected person resides
13 and that sheriff shall notify the protected person.
14 (4) If at any time a law enforcement agency discovers that a licensed
15 dealer knew or should have known that a purchaser or attempted purchaser of
16 a firearm was prohibited from possessing a firearm and the licensed dealer
17 failed to report as required by this Section, the sheriff or law enforcement
18 agency shall notify all state and federal licensing agencies of the licensed dealer.
19 * * *
20 §95.10. Possession of a firearm or carrying of a concealed weapon by a person
21 convicted of domestic abuse battery and certain offenses of battery
22 of a dating partner
23 * * *
24 B. Whoever is found guilty of violating the provisions of this Section shall
25 be imprisoned with or without at hard labor for not less than one year five nor more
26 than five twenty years without the benefit of probation, parole, or suspension of
27 sentence, and shall be fined not less than five hundred one thousand dollars nor
28 more than one five thousand dollars. Notwithstanding the provisions of R.S. 14:27,
29 whoever is found guilty of attempting to violate the provisions of this Section
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1 shall be imprisoned at hard labor for not more than seven and one-half years
2 and fined not less than five hundred dollars nor more than two thousand five
3 hundred dollars.
4 * * *
5 Section 2. The introductory paragraph of R.S. 46:2136.3(A) is hereby amended and
6 reenacted and R.S. 46:2136.3(C) is hereby enacted to read as follows:
7 §2136.3. Prohibition on the possession of firearms by a person against whom a
8 protective order is issued
9 A. Any person against whom the court has issued a permanent injunction or
10 a protective order pursuant to a court-approved consent agreement or pursuant to the
11 provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's
12 Code Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal
13 Procedure Articles 30, 320, or 871.1 shall be prohibited from possessing a firearm
14 or carrying a concealed weapon for the duration of the injunction or protective
15 order if both of the following occur:
16 * * *
17 C. Whoever violates the provisions of this Section shall be in violation of
18 and subject to the penalties set forth in R.S. 14:79.
19 Section 3. Title XXXV of the Code of Criminal Procedure, comprised of Arts. 1000
20 through 1003, is hereby enacted to read as follows:
21 TITLE XXXV. DOMESTIC VIOLENCE P REVENTION FIREARM
22 RELINQUISHMENT
23 Art. 1000. Definitions
24 As used in this Title "firearm" means any pistol, revolver, rifle, shotgun,
25 machine gun, submachine gun, black powder weapon, or assault rifle which is
26 designed to fire or is capable of firing fixed cartridge ammunition or from
27 which a shot or projectile is discharged by an explosive.
28 Art. 1001. Relinquishment of firearms
29 A. Upon a conviction for an offense or a court order issued against a
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1 person pursuant to the provisions of this Paragraph, a judge shall order the
2 relinquishment of all firearms and the suspension of a concealed handgun
3 permit of a person who is prohibited from possessing a firearm or carrying a
4 concealed weapon pursuant to the laws of this state or by reason of any of the
5 following:
6 (1) A conviction of domestic abuse battery (R.S. 14:35.3).
7 (2) A second or subsequent conviction of battery of a dating partner
8 (R.S. 14.39.9).
9 (3) A conviction of battery of a dating partner that involves strangulation
10 (R.S. 14.34.9(K)).
11 (4) A conviction of battery of a dating partner when the offense involves
12 burning (R.S. 14:34.9(L)).
13 (5) A conviction of possession of a firearm or carrying a concealed
14 weapon by a person convicted of domestic abuse battery and certain offenses of
15 battery of a dating partner (R.S. 14:95.10).
16 (6) The issuance of a permanent injunction or a protective order
17 pursuant to a court-approved consent agreement or pursuant to the provisions
18 of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's Code
19 Article 1570, Code of Civil Procedure Article 3607.1, or Articles 30, 320, or
20 871.1 of this Code.
21 (7) Pursuant to the terms of a Uniform Abuse Prevention Order.
22 B.(1) The order to relinquish firearms and suspend a concealed handgun
23 permit shall be issued by the court at the time of conviction or at the same time
24 the court prohibits a person from possessing a firearm or carrying a concealed
25 weapon as provided in Paragraph A of this Article.
26 (2) In the order to relinquish firearms and suspend a concealed handgun
27 permit the court shall inform the person subject to the order that he is
28 prohibited from possessing a firearm and carrying a concealed weapon
29 pursuant to the provisions of 18 U.S.C. 922(g)(8) and Louisiana law.
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1 C. The court shall require the person to relinquish all firearms in his
2 possession to the sheriff of the parish of his residence or the sheriff of the parish
3 in which the order was issued no later than forty-eight hours after the order is
4 issued, exclusive of legal holidays. If the person is incarcerated at the time the
5 order is issued, he shall relinquish his firearms no later than forty-eight hours
6 after his release from incarceration, exclusive of legal holidays. At the time of
7 relinquishment, the sheriff and the person shall complete a proof of
8 relinquishment form. The sheriff shall retain a copy of the form and provide the
9 person with a copy.
10 D. If the person prohibited from possessing a firearm or carrying a
11 concealed weapon pursuant to Paragraph A of this Article does not possess or
12 own firearms, he shall complete a declaration of nonpossession form with the
13 sheriff in a manner prescribed by the sheriff. The declaration of nonpossession
14 may be completed with the sheriff of the parish of the person's residence or the
15 sheriff of the parish in which the order was issued.
16 E. The person shall file with the clerk of court of the parish in which the
17 order was issued the proof of relinquishment form or the declaration of
18 nonpossession within five days of relinquishing his firearms, exclusive of legal
19 holidays, or within five business days of his conviction or order prohibiting
20 possessing a firearm, exclusive of legal holidays.
21 Art. 1002. Storage of relinquished firearms
22 A. The sheriff of each parish shall be responsible for the acceptance and
23 storage of firearms relinquished pursuant to this Title and may charge a
24 reasonable fee for the storage of such firearms. The sheriff may also:
25 (1) Contract with a storage facility for the storage of relinquished
26 firearms.
27 (2) If requested, allow a third party to receive and hold the relinquished
28 firearms. The third party shall complete a firearms acknowledgment form that,
29 at a minimum, informs the third party of the relevant state and federal laws,
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1 lists the consequences for noncompliance, and asks if the third party is able to
2 lawfully possess a firearm. The sheriff shall prescribe the manner in which a
3 third party is approved to receive and hold relinquished firearms.
4 (3) Accept an irrevocable donation of the firearms.
5 (4) Oversee the legal sale of relinquished firearms to a third party.
6 B. The sheriff shall prepare a receipt for each firearm relinquished and
7 provide a copy to the person relinquishing the firearms. The receipt shall
8 include the date the firearm was relinquished, the firearm manufacturer, and
9 firearm serial number. The receipt shall be signed by the officer accepting the
10 firearms and the person relinquishing the firearms. The sheriff may require the
11 receipt to be presented before returning a relinquished firearm.
12 C. The sheriff shall keep a record of all relinquished firearms including
13 but not limited to the name of the person relinquishing the firearm, date of the
14 relinquishment, the manufacturer, model, serial number, and the manner in
15 which the firearm is stored.
16 D. Firearms relinquished under the provisions of this Title shall be
17 returned in a manner prescribed by the sheriff upon dismissal of the protective
18 order or a finding pursuant to a rule to show cause that a protective order not
19 be issued upon the person's acquittal, when charges are dismissed, or if no
20 charges are filed unless otherwise prohibited by federal or state law.
21 E. The sheriff shall exercise due care to preserve the quality and function
22 of all firearms relinquished under the provisions of this Title. However, the
23 sheriff shall not be liable for damage to firearms except for cases of willful or
24 wanton misconduct or gross negligence.
25 Art. 1003. Implementation
26 The sheriff, clerk of court, and district attorney of each parish shall
27 develop forms, policies, and procedures no later than January 1, 2019,
28 regarding the communication of convictions and orders issued between
29 agencies, procedures for the acceptance of relinquished firearms, procedures
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1 for the storage of relinquished firearms, return of relinquished firearms, the
2 proof of relinquishment form, the declaration of nonpossession form, and any
3 other form, policy, or procedure necessary to effectuate the provisions of this
4 Title.
5 Section 4. R.S. 46:2137 is hereby repealed in its entirety.
6 Section 5. This Act shall become effective upon signature by the governor or, if not
7 signed by the governor, upon expiration of the time for bills to become law without signature
8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9 vetoed by the governor and subsequently approved by the legislature, this Act shall become
10 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ashley E. Menou.
DIGEST
SB 231 Original 2018 Regular Session Morrell
Present law prohibits certain persons against whom a protective order is issued from
possessing a firearm for the duration of the injunction or protective order.
Proposed law also prohibits certain persons against whom a protective order is issued from
carrying a concealed weapon for the duration of the injunction or protective order and
otherwise retains present law.
Proposed law clarifies present law by adding to the definition of the crime of violation of a
protective order, the possession of a firearm, carrying of a concealed weapon, and the
purchase or attempted purchase of a firearm by a person prohibited from possessing a
firearm or carrying a concealed weapon pursuant to a protective order issued against him.
Proposed law further clarifies present law by adding to the crime of violation of a protective
order the statutes to be used for penalties when a person is convicted of violation of a
protective order and the conviction is related to certain domestic violence crimes.
Present law provides that when a person fraudulently purchases a firearm or ammunition he
shall be fined not less than $1,000 or more than $5,000, or imprisoned, with or without hard
labor, for not less than one year or more than five years, or both.
Proposed law changes the penalty for fraudulent purchase of a firearm or ammunition to
imprisonment at hard labor for not less than five nor more than 20 years without the benefit
of probation, parole, or suspension of sentence and fined not less than $1,000 nor more than
$5,000.
Proposed law provides that when a person is found guilty of attempting to fraudulently
purchase a firearm or ammunition he shall be imprisoned at hard labor for not more than
seven and one-half years and fined not less than $500 nor more than $2,500.
Proposed law provides that if a person is reported ineligible by a background check while
attempting to purchase a firearm, the licensed dealer must report the attempted purchaser's
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name, sex, race, and date of birth to the sheriff within 24 hours of the attempted purchase.
Proposed law provides that within 24 hours of receiving notification of the denial, the sheriff
shall:
(1)Search the Louisiana Protective Order Registry or any other database to determine
if the person was denied because he is prohibited from possessing a firearm or
carrying a concealed weapon.
(2)Arrest the attempted purchaser if he is prohibited from possessing a firearm or
carrying a concealed weapon.
(3)Notify the protected person if the attempted purchaser has a permanent injunction
or a protective order issued against him.
Proposed law also requires any law enforcement agency to report a licensed firearm dealer
to all licensing agencies of the dealer if law enforcement learns that a dealer knew or should
have known that a person was prohibited from possessing a firearm and the licensed dealer
failed to notify the sheriff.
Present law provides the penalty for possession of a firearm or carrying of a concealed
weapon by a person convicted of domestic abuse battery and certain offenses of battery of
a dating partner is 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 changes the penalty for possession of a firearm or carrying of a concealed
weapon by a person convicted of domestic abuse battery and certain offenses of battery of
a dating partner to imprisonment at hard labor for not less than five nor more than 20 years
without the benefit of probation, parole, or suspension of sentence and a fine of not less than
$1,000 nor more than $5,000.
Proposed law provides the penalty for the attempted violation of possession of a firearm or
carrying of a concealed weapon by a person convicted of domestic abuse battery and certain
offenses of battery of a dating partner shall be imprisonment at hard labor for not more than
seven and one-half years and a fine of not less than $500 nor more than $2,500.
Present law prohibits a person against whom a protective order or permanent injunction is
issued from possessing a firearm.
Proposed law adds that such persons shall also be prohibited from carrying a concealed
weapon and otherwise retains present law.
Proposed law provides that upon a conviction of certain domestic violence offenses or a
permanent injunction or protective order issued against a person, the court shall suspend his
concealed handgun permit and shall order the person to relinquish all firearms in their
possession.
Proposed law provides that the order to relinquish firearms and suspend a concealed
handgun permit is to be issued by the court at the time of conviction or at the same time the
court issues a permanent injunction or protective order against a person.
Proposed law requires firearms to be relinquished to the sheriff of the parish of the person's
residence or the sheriff of the parish in which the order to relinquish was issued no later than
48 hours after the order is issued. Proposed law provides if a person is incarcerated at the
time the order is issued he must relinquish his firearms no later than 48 hours after his
release.
Proposed law requires the sheriff and the person relinquishing firearms to complete a proof
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of relinquishment form at the time a person relinquishes his firearms. The sheriff must retain
a copy and provide the person with a copy.
Proposed law provides that if a person prohibited from possessing a firearm or carrying a
concealed weapon does not possess or own firearms he shall complete a declaration of
nonpossession with the sheriff of the parish of his residence or the parish in which the order
was issued.
Proposed law requires persons ordered to relinquish firearms to file the proof of
relinquishment form or declaration of nonpossession with the clerk of court in the parish in
which the order was issued within five days of a conviction or order issued against him.
Proposed law provides that the sheriff of each parish is responsible for the acceptance and
storage of relinquished firearms and allows the sheriff to charge a reasonable storage fee.
Proposed law allows the sheriff to contract with a storage facility for the storage of the
firearms, allows a third party to receive and hold the firearms, accept an irrevocable
donation, or oversee the legal sale of the firearms.
Proposed law requires the sheriff to prepare a receipt for each firearm relinquished and to
provide a copy to the person relinquishing the firearm. Proposed law further provides that
the sheriff may require receipt be presented before returning a firearm.
Proposed law requires the sheriff to keep records of all firearms relinquished to his office.
Proposed law provides that the sheriff shall exercise due care to preserve the quality and
function of relinquished firearms, but will not be responsible for damage except in cases of
willful or wanton misconduct or gross negligence.
Proposed law provides that relinquished firearms shall be returned upon dismissal of the
protective order or a finding that a protective order not be issued upon a person's acquittal,
when charges are dismissed, or if no charges are filed.
Proposed law directs the sheriff, clerk of court, and district attorney of each parish to
develop forms, policies, and procedures necessary to implement the provisions of proposed
law no later than January 1, 2019.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:95.1.3(D), 95.10(B), and R.S. 46:2136.3(A)(intro para); adds R.S.
14:79(A)(4) and (C)(3), 95.1.3(E), R.S. 46:2136.3(C), and C.Cr.P. Arts. 1000-1003; repeals
R.S. 46:2137)
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