Provides relative to the transfer of firearms for the violation of a protective order. (10/1/18)
Impact
The passage of SB231 amends existing state laws regarding the possession of firearms, placing stricter regulations on individuals facing certain legal actions such as domestic abuse charges. It introduces new penalties for non-compliance, including fines and imprisonment. Additionally, the bill assigns sheriffs significant responsibilities in overseeing the storage and transfer of firearms, ensuring that firearms are not returned to individuals prohibited from possessing them until a court order stipulates they can do so. These provisions aim to create a more robust state framework for firearm transfers connected to domestic violence incidents.
Summary
Senate Bill 231, enacted in Louisiana, focuses on the transfer and prohibition of firearms for individuals who are under protective orders or have been convicted of specific domestic violence offenses. The bill mandates that a court must order the transfer of firearms and suspend concealed handgun permits for individuals convicted of domestic abuse battery or related offenses. This legislative measure is intended to enhance public safety by preventing individuals with a history of violence from accessing firearms, particularly in situations where victims may be at risk.
Sentiment
The sentiment surrounding SB231 has been largely supportive among those advocating for stronger measures against domestic violence and protecting victims. Advocates argue that preventing access to firearms for individuals under protective orders is a critical step in enhancing the safety of potential victims. However, some concerns have been raised about the implications for Second Amendment rights and the practical challenges of implementing the transfer and storage processes effectively without infringements on individual rights.
Contention
Notable points of contention include the balance between protecting victims and upholding constitutional rights, as well as the responsibilities placed on law enforcement. Critics argue that while the intentions of SB231 are good, the processes for firearm transfers could be seen as burdensome. They express concerns about the potential for errors in notification systems and the effectiveness of compliance mechanisms that have been laid out in the bill, raising questions about the bill's overall feasibility in promoting safety without overstepping legal boundaries.
Provides relative to the possession of firearms as it relates to persons convicted of domestic abuse battery or subject to a protective order (EN NO IMPACT See Note)
In firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for abandonment of firearms, weapons or ammunition; in community and municipal courts, further providing for masters; adding provisions relating to extreme risk protection orders; imposing duties on the Office of Attorney General; and imposing penalties.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.