RDCSB231 2697 3510
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)]
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 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.
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.
Proposed law creates the crime of illegal transfer of a firearm to a prohibited possessor and
provides that persons convicted of the offense may be fined not more than $2,500,
imprisoned for not more than one year, or both.
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.
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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.
At the same time an order to prohibit a person from possessing a firearm or carrying a
concealed weapon is issued, proposed law requires the court to cause all of the following to
occur:
(1)Require the person to state in open court or complete an affidavit stating the number
of firearms in his possession and the location of all firearms in his possession.
(2)Require the person to complete a firearm information form that states the number of
firearms in the person's possession, the serial number of each firearm, and the
location of each firearm.
(3)Transmit a copy of the order to transfer firearms and a copy of the firearm
information form to the sheriff of the parish or the sheriff of the parish of the
person's residence.
Proposed law requires the court, in open court and on the record, to order the person to
transfer all firearms 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. Further requires a copy of the order and a copy of the firearm information form to
be sent to the sheriff. 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.
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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 proof of 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. Further provides that such
proof shall be a certified copy of the dismissal of a protective order or other documentation
indicating the date on which the person is no longer prohibited from possessing a firearm.
Proposed law prohibits a sheriff from returning a transferred firearm prior to receiving the
required documentation.
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 to
develop forms, policies, and procedures necessary to implement the provisions of proposed
law no later than Jan. 1, 2019.
Effective Oct. 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), 95.1.3(E), and 95.1.4, 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.
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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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Remove the time limit within which a licensed dealer is required to report to the
sheriff an attempted purchase that results in a NICS denial and the requirement
that the report be made in a format prescribed by the sheriff.
2. Remove the requirement that the sheriff notify state police of an attempted
purchase that results in a NICS denial and the requirement that state police "flag"
the person as prohibited from possessing a firearm in the La. Computerized
Criminal History Database.
3. Require the court's order that a person transfer his firearms to the sheriff be on
the record and in open court.
4. At the same time an order to prohibit a person from possessing a firearm or
carrying a concealed weapon is issued, require the court to cause the person to
state the number of firearms in his possession and to complete a firearm
information form and to cause a copy of the order and a copy of the firearm
information to be transmitted to the sheriff of the parish or the sheriff of the
parish of the person's residence.
5. Provide that the return of the firearm is upon proof of dismissal of the protective
order instead of upon dismissal of the protective order.
6. Add that the proof shall include a certified copy of the dismissal of a protective
order or other documentation indicating the date on which the person is no longer
prohibited from possessing a firearm or carrying a concealed weapon.
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7. Provide that no sheriff shall return a transferred firearm prior to receiving the
required documentation from either the court or the person and verifying that
such information was sent to state police.
8. Add a new crime for the illegal transfer of a firearm to a prohibited possessor and
provide penalties for the offense.
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