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 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 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 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.