The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Dawn R. Watson.
DIGEST
SB 212 Original 2023 Regular Session Duplessis
Proposed law authorizes a district attorney or assistant district attorney to petition the court for the
issuance of a warrant for the search for and seizure of any firearm from any person when the
petitioner has probable cause to believe all of the following:
(1)The person poses a risk of imminent personal injury to himself or to another person.
(2)The person possesses one or more firearms.
(3)The firearm or firearms are either within or upon a specified place, thing, or person.
Proposed law provides as follows with regard to the procedures for the application for and issuance
of the warrant:
(1)Prohibits the filing of a petition until the district attorney or assistant district attorney has
conducted an independent investigation and has determined that there is such probable cause
and that there is no reasonable alternative available to prevent the imminent harm.
(2)Requires the court to consider certain factors in making its determination including any of
the person's recent threats or acts of violence to himself or others and recent acts of cruelty
to animals.
(3)Authorizes the court to consider additional factors in making its determination, including but
not limited to the following: the reckless use, display, or brandishing of a firearm by the
person; the history of the use, attempted use, or threatened use of physical force by the person
against another person or persons; prior involuntary admission of the person to a treatment
facility for persons with mental illness or substance-related or addictive disorders; and the
illegal use of controlled dangerous substances or abuse of alcohol by the person.
Proposed law provides that if the court is satisfied that the grounds for the petition exist or that there
is probable cause to believe that they exist, the court shall issue a warrant, directed to any peace
officer, naming or describing the person, place, or thing to be searched and the grounds or probable
cause for its issuance. Proposed law further requires the warrant to be executed and returned with
reasonable promptness consistent with due process of law and to be accompanied by a written
inventory of all firearms seized.
Proposed law provides that a copy of the warrant shall be given to the person named in the warrant
together with a notice informing the person that he has the right to a hearing, which shall occur no
later than seven days after the execution of the warrant, to determine whether the seized firearms should be returned to him. Proposed law provides that at the hearing, the state shall have the burden
of proving all material facts by clear and convincing evidence.
Proposed law provides that if, after the hearing, the court determines that the person poses a risk of
imminent personal injury to himself or to another person or persons, the court shall do all of the
following:
(1)Order that the firearm or firearms seized pursuant to the warrant continue to be held by the
state.
(2)Issue an order prohibiting the person from possessing the seized firearm or firearms, or any
other firearms, for a period of time not to exceed one year. In this regard, proposed law
provides that at any time prior to the expiration of the order, but no more than once annually,
the person subject to the order may file a motion to modify the effective period of the
prohibition. Upon proof, by clear and convincing evidence, that the person no longer poses
a risk of imminent personal injury to himself or to another person or persons, the court shall
order the firearms returned to the person within 48 hours, if the person is not otherwise
prohibited from possessing a firearm under state or federal law.
(3)Report the name and other identifying information of the person to the La. Supreme Court
for reporting to the National Instant Criminal Background Check System (NICS) database
pursuant to present law (R.S. 13:753) which requires courts to report such information. Upon
expiration of the order, the court is required to inform the La. Supreme Court who shall cause
the record to be removed from the NICS database.
(4)Determine if the person may be taken into protective custody and transported to a treatment
facility pursuant to present law (R.S. 28:53.2) for immediate examination.
Proposed law further provides that at any time prior to 30 days before the order ends, the district
attorney or assistant district attorney may request to extend the order. Upon receiving a motion to
extend, the court shall schedule a hearing to be held no later than 14 days after receiving the motion.
A copy of the hearing notice shall be given to the person named in the order. If at the hearing, the
court finds by clear and convincing evidence that the person continues to pose a risk of imminent
personal injury to himself or to another person or persons, the court shall extend the order for a
period not to exceed one year.
Proposed law provides for a procedure by which the seized firearms may be transferred to another
person who is eligible to possess them, provided that the person taking possession of the firearms
shall certify that they will not cause or allow the firearms to be accessed or controlled by the person
subject to the order.
Effective August 1, 2023.
(Adds C.Cr.P. Art. 168)