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2018 Regular Session
SENATE BILL NO. 231
BY SENATOR MORRELL
WEAPONS. Provides relative to the transfer of firearms for the violation of a protective
order. (10/1/18)
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 95.1.3(E), R.S. 46:2136.3(C), and
4 Title XXXV of the Code of Criminal Procedure, to be comprised of Arts. 1000
5 through 1003, and to repeal R.S. 46:2137, relative to firearms; to provide penalties
6 for the violation of a protective order; to provide penalties for fraudulent firearms
7 purchases; to require certain reporting; to create a firearm transfer program; to
8 designate sheriffs as repository for firearms; to provide procedure for storage and
9 return of firearms; to require the development of forms, policies, and procedures; and
10 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 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 in violation of R.S. 14:95.1, 95.1.3, or 95.10.
4 * * *
5 §95.1.3. Fraudulent firearm and ammunition purchase; mandatory reporting
6 * * *
7 D. Whoever violates the provisions of this Subsection A of this Section shall
8 be fined not less than one thousand dollars or more than five thousand dollars, or
9 imprisoned, with or without hard labor, for not less than one year or more than five
10 twenty years, or both. At least one year of the The sentence imposed shall be served
11 without benefit of parole, probation, or suspension of sentence. Notwithstanding the
12 provisions of R.S. 14:27, whoever is found guilty of attempting to violate the
13 provisions of Subsection A of this Section shall be imprisoned at hard labor for
14 not more than seven and one-half years and fined not less than five hundred
15 dollars nor more than two thousand five hundred dollars.
16 E.(1) If a person is reported ineligible to purchase firearms by the
17 National Instant Criminal Background Check System (NICS), the licensed
18 dealer shall report the denial to the sheriff of the parish in which the attempted
19 purchase occurred and to the Louisiana Automated Victim Notification System
20 within seventy-two hours of the attempted purchase in a format prescribed by
21 the sheriff.
22 (2) If the person has a permanent injunction or protective order issued
23 against him, the sheriff shall notify state police who shall cause the person to be
24 flagged as prohibited from possessing a firearm pursuant to R.S. 14:95.1 or
25 95.10 or R.S. 46:2136.3 in the Louisiana Computerized Criminal History
26 database.
27 (3) If at any time a law enforcement agency discovers that a licensed
28 dealer knew or should have known that a purchaser or attempted purchaser of
29 a firearm was prohibited from possessing a firearm and the licensed dealer
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1 failed to report as required by this Section, the sheriff or law enforcement
2 agency shall notify all state and federal licensing agencies of the licensed dealer.
3 * * *
4 §95.10. Possession of a firearm or carrying of a concealed weapon by a person
5 convicted of domestic abuse battery and certain offenses of battery
6 of a dating partner
7 * * *
8 B. Whoever is found guilty of violating the provisions of this Section shall
9 be imprisoned with or without hard labor for not less than one year nor more than
10 five twenty years without the benefit of probation, parole, or suspension of
11 sentence, and shall be fined not less than five hundred one thousand dollars nor
12 more than one five thousand dollars. Notwithstanding the provisions of R.S. 14:27,
13 whoever is found guilty of attempting to violate the provisions of this Section
14 shall be imprisoned at hard labor for not more than seven and one-half years
15 and fined not less than five hundred dollars nor more than two thousand five
16 hundred dollars.
17 * * *
18 Section 2. The introductory paragraph of R.S. 46:2136.3(A) is hereby amended and
19 reenacted and R.S. 46:2136.3(C) is hereby enacted to read as follows:
20 §2136.3. Prohibition on the possession of firearms by a person against whom a
21 protective order is issued
22 A. Any person against whom the court has issued a permanent injunction or
23 a protective order pursuant to a court-approved consent agreement or pursuant to the
24 provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's
25 Code Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal
26 Procedure Articles 30, 320, or 871.1 shall be prohibited from possessing a firearm
27 or carrying a concealed weapon for the duration of the injunction or protective
28 order if both of the following occur:
29 * * *
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1 C. Whoever violates the provisions of this Section shall be in violation of
2 and subject to the penalties set forth in R.S. 14:79.
3 Section 3. Title XXXV of the Code of Criminal Procedure, comprised of Arts. 1000
4 through 1003, is hereby enacted to read as follows:
5 TITLE XXXV. DOMESTIC VIOLENCE P REVENTION FIREARM
6 TRANSFER
7 Art. 1000. Definitions
8 As used in this Title "firearm" means any pistol, revolver, rifle, shotgun,
9 machine gun, submachine gun, black powder weapon, or assault rifle which is
10 designed to fire or is capable of firing fixed cartridge ammunition or from
11 which a shot or projectile is discharged by an explosive.
12 Art. 1001. Transfer of firearms
13 A. Upon a conviction for an offense or a court order issued against a
14 person pursuant to the provisions of this Paragraph, a judge shall order the
15 transfer of all firearms and the suspension of a concealed handgun permit of a
16 person who is prohibited from possessing a firearm or carrying a concealed
17 weapon pursuant to the laws of this state or by reason of any of the following:
18 (1) A conviction of domestic abuse battery (R.S. 14:35.3).
19 (2) A second or subsequent conviction of battery of a dating partner
20 (R.S. 14:34.9).
21 (3) A conviction of battery of a dating partner that involves strangulation
22 (R.S. 14:34.9(K)).
23 (4) A conviction of battery of a dating partner when the offense involves
24 burning (R.S. 14:34.9(L)).
25 (5) A conviction of possession of a firearm or carrying a concealed
26 weapon by a person convicted of domestic abuse battery and certain offenses of
27 battery of a dating partner (R.S. 14:95.10).
28 (6) The issuance of a permanent injunction or a protective order
29 pursuant to a court-approved consent agreement or pursuant to the provisions
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1 of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's Code
2 Article 1570, Code of Civil Procedure Article 3607.1, or Articles 30, 320, or
3 871.1 of this Code.
4 (7) Pursuant to the terms of a Uniform Abuse Prevention Order.
5 B.(1) The order to transfer firearms and suspend a concealed handgun
6 permit shall be issued by the court at the time of conviction or at the same time
7 the court prohibits a person from possessing a firearm or carrying a concealed
8 weapon as provided in Paragraph A of this Article.
9 (2) In the order to transfer firearms and suspend a concealed handgun
10 permit the court shall inform the person subject to the order that he is
11 prohibited from possessing a firearm and carrying a concealed weapon
12 pursuant to the provisions of 18 U.S.C. 922(g)(8) and Louisiana law.
13 C. The court shall require the person to transfer all firearms in his
14 possession to the sheriff of the parish of his residence or the sheriff of the parish
15 in which the order was issued no later than forty-eight hours after the order is
16 issued, exclusive of legal holidays. If the person is incarcerated at the time the
17 order is issued, he shall transfer his firearms no later than forty-eight hours
18 after his release from incarceration, exclusive of legal holidays. At the time of
19 transfer, the sheriff and the person shall complete a proof of transfer form. The
20 proof of transfer form shall not contain the quantity of firearms transferred or
21 any identifying information about any firearm transferred. The sheriff shall
22 retain a copy of the form and provide the person with a copy.
23 D. If the person prohibited from possessing a firearm or carrying a
24 concealed weapon pursuant to Paragraph A of this Article does not possess or
25 own firearms, he shall complete a declaration of nonpossession form with the
26 sheriff in a manner prescribed by the sheriff. The declaration of nonpossession
27 may be completed with the sheriff of the parish of the person's residence or the
28 sheriff of the parish in which the order was issued.
29 E. The person shall file with the clerk of court of the parish in which the
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1 order was issued the proof of transfer form or the declaration of nonpossession
2 within five days of transferring his firearms, exclusive of legal holidays, or
3 within five business days of his conviction or order prohibiting possessing a
4 firearm, exclusive of legal holidays.
5 Art. 1002. Transfer or storage of transferred firearms
6 A.(1) The sheriff of each parish shall be responsible for oversight of
7 firearm transfers in his parish. For each firearm transferred pursuant to this
8 Title, the sheriff shall offer all of the following options to the transferor:
9 (a) Allow a third party to receive and hold the transferred firearms. The
10 third party shall complete a firearms acknowledgment for that, at a minimum,
11 informs the third party of the relevant state and federal laws, lists the
12 consequences for noncompliance, and asks if the third party is able to lawfully
13 possess a firearm. No firearm shall be transferred to a third party living in the
14 same residence as the transferor at the time of transfer. The sheriff shall
15 prescribe the manner in which firearms are transferred to a third party.
16 (b) Store the transferred firearms in a storage facility with which the
17 sheriff has contracted for the storage of transferred firearms. The sheriff may
18 charge a reasonable fee for the storage of such firearms.
19 (c) Oversee the legal sale of the transferred firearms to a third party. The
20 sheriff may contract with a licensed firearms dealer for such purpose. The
21 sheriff may charge a reasonable fee to oversee the sale of firearms.
22 (2) The sheriff may also accept and store the transferred firearms. The
23 sheriff may charge a reasonable fee for the storage of such firearms.
24 B. The sheriff shall prepare a receipt for each firearm transferred and
25 provide a copy to the person transferring the firearms. The receipt shall include
26 the date the firearm was transferred, the firearm manufacturer, and firearm
27 serial number. The receipt shall be signed by the officer accepting the firearms
28 and the person transferring the firearms. The sheriff may require the receipt
29 to be presented before returning a transferred firearm.
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1 C. The sheriff shall keep a record of all transferred firearms including
2 but not limited to the name of the person transferring the firearm, date of the
3 transfer, the manufacturer, model, serial number, and the manner in which the
4 firearm is stored.
5 D. Firearms transferred under the provisions of this Title shall be
6 returned in a manner prescribed by the sheriff upon dismissal of the protective
7 order or a finding pursuant to a rule to show cause that a protective order not
8 be issued upon the person's acquittal, when charges are dismissed, or if no
9 charges are filed unless otherwise prohibited by federal or state law. After a
10 firearm is returned pursuant to this Subsection, the sheriff shall destroy the
11 records pertaining to the returned firearm and shall notify the clerk of court of
12 the parish that the transferred firearm has been returned and instruct the clerk
13 of court to destroy the pertinent record.
14 E. The sheriff shall exercise due care to preserve the quality and function
15 of all firearms transferred under the provisions of this Title. However, the
16 sheriff shall not be liable for damage to firearms except for cases of willful or
17 wanton misconduct or gross negligence.
18 Art. 1003. Implementation
19 The sheriff, clerk of court, and district attorney of each parish and state
20 police bureau of criminal identification and information shall develop forms,
21 policies, and procedures no later than January 1, 2019, regarding the
22 communication of convictions and orders issued between agencies, procedures
23 for the acceptance of transferred firearms, procedures for the storage of
24 transferred firearms, return of transferred firearms, the flagging of prohibited
25 possessors of firearms in the Louisiana Criminal History Database, the proof
26 of transfer form, the declaration of nonpossession form, and any other form,
27 policy, or procedure necessary to effectuate the provisions of this Title.
28 Section 4. R.S. 46:2137 is hereby repealed in its entirety.
29 Section 5. If any provision or item of this Act, or the application thereof, is held
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1 invalid, such invalidity shall not affect other provisions, items, or applications of the Act
2 which can be given effect without the invalid provision, item, or application and to this end
3 the provisions of this Act are hereby declared severable.
4 Section 6. This Act shall become effective on October 1, 2018.
The original instrument was prepared by Ashley Menou. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Nancy Vicknair.
DIGEST
SB 231 Reengrossed 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 and
in violation of 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 nor more than $5,000, or imprisoned, with or without hard
labor, for not less than one year nor more than five years, or both.
Proposed law retains present law but changes the imprisonment penalty for fraudulent
purchase of a firearm or ammunition to imprisonment to not more than 20 years without the
benefit of probation, parole, or suspension of sentence.
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 to
the sheriff and to the Louisiana Automated Victim Notification System within 72 hours of
the attempted purchase.
Proposed law requires a sheriff to notify state police if a person has a permanent injunction
or protective order issued against him. Requires state police to flag such person as prohibited
from possessing a firearm as provided in present law.
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
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more than five years, and a fine of not less than $500 nor more than $1,000.
Proposed law provides that the penalties 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 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 is 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 transfer all firearms in his
possession.
Proposed law provides that the order to transfer 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 transferred to the sheriff of the parish of the person's
residence or the sheriff of the parish in which the order to transfer 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 transfer his firearms no later than 48 hours after his release.
Proposed law requires the sheriff and the person transferring firearms to complete a proof
of transfer form at the time a person transfers his firearms. Such form shall not contain the
quantity of firearms transferred or any identifying information about such 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 transfer firearms to file the proof of transfer 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 oversight of firearm
transfers in his parish and requires certain options be offered by the sheriff to the transferor
of such firearms.
Proposed law requires the sheriff to prepare a receipt for each firearm transferred and to
provide a copy to the person transferring 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 transferred to his office.
Proposed law provides that the sheriff shall exercise due care to preserve the quality and
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function of transferred firearms, but will not be responsible for damage except in cases of
willful or wanton misconduct or gross negligence.
Proposed law provides that transferred 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 provides that after a firearm is returned pursuant to proposed law, the sheriff
is required to destroy the records pertaining to the returned firearm and notify the clerk of
court of the parish that the transferred firearm has been returned and instruct the clerk of
court to destroy the pertinent record.
Proposed law directs the sheriff, clerk of court, and district attorney of each parish, and state
police bureau of criminal identification and information, to develop forms, policies, and
procedures necessary to implement the provisions of proposed law no later than January 1,
2019.
Effective October 1, 2018.
(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 95.1.3(E), R.S. 46:2136.3(C), and C.Cr.P. Arts. 1000-1003; repeals R.S.
46:2137)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Makes technical changes.
2. Changes "relinquishment" to "transfer" throughout proposed law.
3. Changes the method in which the sheriff may notify a protected person from
the telephone number in the La. Protective Order Registry to any information
in the La. Protective Order Registry.
4. Removes the requirement that a person must request that his firearms be
transferred to a third person and allows the sheriff to oversee the transfer of
firearms to a third person without a prior request.
5. Changes the effective date to October 1, 2018.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Provides that fraudulent firearm and ammunition purchases require
imprisonment, with or without hard labor, for not more than 20 years.
3. Requires that if a person is declared ineligible to purchase a firearm by the
NICS, such ineligibility must be reported to the Louisiana Automated Victim
Notification System, in addition to the sheriff, and changes the time frame
for reporting such ineligibility from 24 hours to 72 hours.
4. Removes the requirement that a sheriff perform certain duties within 24
hours of receiving a notice of denial pertaining to a person who has been
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deemed ineligible to purchase a firearm.
5. Requires a sheriff to notify state police if a person has a permanent injunction
or protective order issued against him and requires state police to flag such
person as prohibited from possessing a firearm as provided in present law.
6. Changes the imprisonment 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 from imprisonment at hard
labor for not less than five nor more than 20 years to imprisonment, with or
without hard labor for not less than one year nor more than 20 years without
the benefit of probation, parole, or suspension of sentence.
7. Changes the fine 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 from not less than $500 nor more than $1,000
to not less than $1,000 nor more than $5,000.
8. Requires that the proof of transfer form not contain the quantity of firearms
transferred or any identifying information about such firearms.
9. Establishes oversight procedures for firearm transfers in each parish and
provides that certain options be provided by the sheriff to the transferor.
10.After a firearm is returned, requires that records pertaining to the returned
firearm be destroyed by the sheriff and the clerk of court.
11.Adds a severability clause.
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