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 464 Original 2022 Regular Session Seabaugh
Abstract: Establishes evidentiary and due process standards for permanent injunctions or protective
orders that affect firearm transfers.
Present law (C.Cr.P. Art. 1002) provides that a judge shall order the transfer of all firearms and the
suspension of a concealed handgun permit of a person when a person has any of the following:
(1)A conviction of domestic abuse battery (R.S. 14:35.3).
(2)A second or subsequent conviction of battery of a dating partner (R.S. 14:34.9).
(3)A conviction of battery of a dating partner that involves strangulation (R.S. 14:34.9(K)).
(4)A conviction of battery of a dating partner when the offense involves burning (R.S.
14:34.9(L)).
(5)A conviction of possession of a firearm or carrying a concealed weapon by a person
convicted of domestic abuse battery and certain offenses of battery of a dating partner (R.S.
14:95.10).
(6)A conviction of domestic abuse aggravated assault (R.S. 14:37.7).
(7)A conviction of aggravated assault upon a dating partner (R.S. 14:34.9.1).
(8)A conviction of any felony crime of violence enumerated or defined in R.S. 14:2(B), for
which a person would be prohibited from possessing a firearm pursuant to R.S. 14:95.1, and
which has as an element of the crime that the victim was a family member, household
member, or dating partner.
(9)A conviction of any felony crime of violence enumerated or defined in R.S. 14:2(B), for
which a person would be prohibited from possessing a firearm pursuant to R.S. 14:95.1, and
in which the victim of the crime was determined to be a family member, household member,
or dating partner.
Proposed law retains present law.
Present law (C.Cr.P. Art. 1002) provides that a judge, upon issuance of an injunction or order, shall order the transfer of all firearms and the suspension of a concealed handgun permit of the person
who is subject to the injunction or order under any of the following circumstances:
(1)The issuance of a permanent injunction or a protective order pursuant to a court-approved
consent agreement or pursuant to the provisions of present law (R.S. 9:361 et seq., 9:372),
(R.S. 46:2136, 2151, or 2173), (Ch.C. Art. 1570), (C.C.P. Art. 3607.1), or (C.Cr.P. Arts. 30,
320, or 871.1)
(2)The issuance of a Uniform Abuse Prevention Order that includes terms that prohibit the
person from possessing a firearm or carrying a concealed weapon.
Proposed law amends present law to provide for standards of proof and due process in a permanent
injunction, a protective order, or a Uniform Abuse Prevention Order.
Present law (R.S. 46:2136.3) prohibits the possession of firearms by persons with a protective order
issued against them.
Present law provides that any person against whom the court has issued a permanent injunction or
a protective order pursuant to a court-approved consent agreement shall be prohibited from
possessing a firearm or carrying a concealed weapon for the duration of the injunction or protective
order if both of the following occur:
(1)The permanent injunction or protective order includes a finding that the person subject to the
permanent injunction or protective order represents a credible threat to the physical safety
of a family member, household member, or dating partner.
(2)The permanent injunction or protective order informs the person subject to the permanent
injunction or protective order that the person is prohibited from possessing a firearm
pursuant to the provisions of federal law and present law.
Proposed law amends present law to establish a standard of clear and convincing evidence that the
person subject to the permanent injunction or protective order represents a credible threat to the
physical safety of a family member, household member, or dating partner.
Proposed law provides for an additional requirement involving notice, an opportunity to be heard,
and due process that shall be considered in prohibiting a person from possessing a firearm or
carrying a concealed weapon for the duration of the injunction or protective order.
(Amends C.Cr.P. Art. 1002(A)(2) and R.S. 46:2136.3(A))