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)]
HB 101 Original 2019 Regular Session Jimmy Harris
Abstract: Requires the office of state police to create the La. Voluntary Do Not Sell List, which
prohibits persons on the list from purchasing a firearm and prohibits persons from selling a
firearm to a person known to be on the list, and further provides for the confidentiality of the
list and registration information.
Proposed law requires the Dept. of Public Safety and Corrections, office of state police, by Jan. 1,
2020, to create the "La. Voluntary Do Not Sell List" which shall include a list of persons who have
voluntarily registered to be added to this list which prohibits them from purchasing or receiving a
firearm.
In this regard, proposed law does all of the following:
(1)Requires state police to develop and implement a process by which any person may
voluntarily and confidentially register to have his name added to or removed from the list and
provides certain requirements for the process.
(2)Allows the registrant to submit email addresses of personal contacts who shall be notified
that the person has registered for the La. Voluntary Do Not Sell List or has requested to be
removed from the list.
(3)Requires state police to maintain and update the La. Voluntary Do Not Sell List and ensure
that the information contained therein is reflected in the National Instant Criminal
Background Check System database.
(4)Prohibits any person who registers and whose name appears on the Louisiana Voluntary Do
Not Sell List from purchasing or receiving a firearm, and provides that any person who
violates this provision of proposed law may be fined up to $2,500, imprisoned for up to one
year, or both.
(5)Prohibits any person from knowingly selling or transferring a firearm to any individual who
the person knows to be registered on the La. Voluntary Do Not Sell List, and provides that
any person violates this provision shall be subject to the penalties provided in the present law
crime which prohibits any person from knowingly transferring a firearm to a prohibited
possessor. This present law crime provides for a fine of up to $2,500, imprisonment for up
to one year, or both. (6)Provides a procedure by which a person may have their name removed from the La.
Voluntary Do Not Sell List twenty-one days after such request is received by state police.
(7)Authorizes a procedure by which a person may have their name immediately removed from
the La. Voluntary Do Not Sell List by filing a petition in the 19
th
JDC. In this regard,
proposed law provides that a hearing shall be held within 48 hours of the filing of the petition
and if the judge finds that the person is not at elevated suicide risk or has a specific and
compelling need for a firearm in less than 21 days, the judge shall order that the person's
name be immediately removed from the La. Voluntary Do Not Sell List.
(8)Immediately upon the removal of a person's name from the La. Voluntary Do Not Sell List,
state police shall ensure that the person's name is no longer reflected in the National Instant
Criminal Background Check System database and destroy all records of the person's
registration and associated transactions.
(9)Provides that the information contained in the La. Voluntary Do Not Sell List is confidential
and prohibits any person from inquiring as to whether a person has requested to be added to
the list, is on the list, has requested to be removed from the list, or has been removed from
the list for purposes of employment, education, housing, insurance, governmental benefits,
or contracting.
(10)Provides that a person whose confidentiality is violated as described in proposed law may
file a civil action for appropriate relief, including reasonable attorney fees, for each violation
that occurs.
(11)Requires state police to adopt rules and regulations, in accordance with the Administrative
Procedure Act, as are necessary to implement proposed law.
(Adds R.S. 13:753.1 and R.S. 14:95.1.5)