HLS 24RS-281 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 408
BY REPRESENTATIVE MANDIE LANDRY
WEAPONS/FIREARMS: Provides for the creation of the "Louisiana Voluntary Do Not Sell
List"
1 AN ACT
2To amend and reenact R.S. 14:95.1.4 and R.S. 44:4.1(B)(6) and to enact R.S. 13:753.1,
3 relative to firearms; to provide for the creation of the Louisiana Voluntary Do Not
4 Sell List; to provide for procedures relative to addition and removal from the list; to
5 provide for prohibitions; to provide for penalties; to provide relative to the offense
6 of illegal transfer of a firearm to a prohibited possessor; to provide for confidentiality
7 of records; to provide for an exception to the Public Records Law; and to provide for
8 related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 13:753.1 is hereby enacted to read as follows:
11 §753.1. "Louisiana Voluntary Do Not Sell List"; registration; reporting to NICS;
12 prohibitions on purchase or sale of firearms; confidentiality; penalties
13 A. This Section may be referred to and may be cited as the "Louisiana
14 Voluntary Do Not Sell Firearms Act".
15 B.(1) A person may submit a form to the clerk of court in the parish of the
16 person's residence requesting to be added to the Louisiana Voluntary Do Not Sell
17 List and as a result shall be prohibited from receiving or possessing a firearm. The
18 clerk shall request a valid government-issued photo identification to verify the
19 person's identity prior to accepting the form. By the end of the business day on
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HB NO. 408
1 which the form was received, the clerk shall transmit the accepted form to the
2 Department of Public Safety and Corrections, office of state police.
3 (2) A person may submit a form to any healthcare provider requesting to be
4 added to the Louisiana Voluntary Do Not Sell List. The healthcare provider shall
5 verify the person's identity before accepting the form and may not accept a form
6 from someone other than the person named on the form. By the end of the business
7 day on which the form was received, the provider shall electronically deliver the
8 person's completed form to the Department of Public Safety and Corrections, office
9 of state police.
10 (3) A person may submit a form by mail to the office of state police
11 requesting to be added to the Louisiana Voluntary Do Not Sell List. The form shall
12 be accompanied by a photocopy of a government-issued form of identification to
13 verify the person's identity prior to accepting the form.
14 (4) A person may submit a form by electronic mail, short message service,
15 or multimedia messaging service to the office of state police requesting to be added
16 to the Louisiana Voluntary Do Not Sell List. The form shall be accompanied by a
17 copy of a government-issued photo identification and a photographic portrait of the
18 person that contains an exchangeable image file format data proving that the
19 photographic portrait was taken within one hour prior to transmission to the office
20 of state police.
21 C. The office of state police shall enter the person requesting to be added to
22 the Louisiana Voluntary Do Not Sell List into the National Instant Criminal
23 Background Check System and other federal or state computer-based systems used
24 by law enforcement agencies to identify prohibited purchasers and possessors of
25 firearms within twenty-four hours of receipt of the form.
26 D.(1) No sooner than seven calendar days after submitting a form, a person
27 may submit a form requesting to be removed from the Louisiana Voluntary Do Not
28 Sell List by any of the methods provided in Subsection B of this Section. Unless the
29 person is otherwise prohibited from possessing or purchasing a firearm under state
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HB NO. 408
1 or federal law, the office of state police shall do all of the following on the
2 twenty-first day after receipt of the request for removal:
3 (a) Remove the person and all of his information from the National Instant
4 Criminal Background Check System and other federal or state computer-based
5 systems used by law enforcement to identify prohibited possessors and purchasers
6 of firearms in which the person's information was entered.
7 (b) Destroy all records related to the person being added and removed from
8 the Louisiana Voluntary Do Not Sell List.
9 (2) At any time, a person on the Louisiana Voluntary Do Not Sell List may
10 file a signed expedited removal request form with the district court located in the
11 parish of the person's residence. There shall be no filing fees for such a request. The
12 court, within forty-eight hours of receipt of the request, shall hold a hearing after
13 adequate notice has been provided to the person. The court shall determine by a
14 preponderance of the evidence whether the request for removal is voluntary,
15 knowing, and intelligent. No later than twenty-four hours after the conclusion of the
16 hearing, the court shall inform the person of the court's determination. If the court
17 determines that the request for removal is voluntary, knowing, and intelligent, the
18 court shall instruct the office of state police to immediately remove the person from
19 the Louisiana Voluntary Do Not Sell List, unless the person is otherwise prohibited
20 from possessing or purchasing a firearm under state or federal law. If the court
21 determines that the request is not voluntary, knowing, and intelligent, the person may
22 request removal pursuant to Paragraph (1) of this Subsection.
23 E. A person who knowingly makes a false statement regarding a person's
24 addition to or removal from the Louisiana Voluntary Do Not Sell List shall be
25 subjected to criminal prosecution as provided in R.S. 14:123.
26 F. A person's addition to, placement on, or removal from the Louisiana
27 Voluntary Do Not Sell List shall not be considered by any court in a legal proceeding
28 in which the person executing the form is a party, unless the proceeding involves a
29 violation of R.S. 14:95.1.4(B)(2).
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HB NO. 408
1 G. Records obtained and produced under this Section are confidential and
2 shall not be a public record, except that such information may be disclosed to any of
3 the following:
4 (1) A law enforcement officer acting in the performance of his official
5 duties.
6 (2) Either of the parties in the course of a criminal prosecution
7 (3) A person requesting to be added to the Louisiana Voluntary Do Not Sell
8 List with respect to his own information.
9 H.(1) The office of state police shall develop the following request forms
10 relative to the Louisiana Voluntary Do Not Sell List:
11 (a) An addition form.
12 (b) A removal form.
13 (c) An expedited removal form.
14 (2) Each form shall contain the following:
15 (a) A signature line for the requesting person.
16 (b) A provision that states that the form is signed under penalty of perjury.
17 (c) All information necessary for identification and entry of the person into
18 the National Instant Criminal Background Check System to identify prohibited
19 possessors or purchasers of firearms.
20 (3) The forms shall be made available to the public on the website of the
21 office of state police, the Louisiana Department of Health, office of behavioral
22 health, and each judicial district court. The forms shall be distributed to all clerks of
23 court and to all facilities in which healthcare providers provide healthcare or
24 professional services related to healthcare within the scope of the provider's license,
25 certification, practice, education, or training.
26 (4) The office of state police shall ensure that the form requesting a person's
27 addition to the Louisiana Voluntary Do Not Sell List provides an email notification
28 option that allows the requesting person to be added at the time of the request or
29 thereafter. The form shall also provide an option for one or more email addresses
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HB NO. 408
1 of another person or persons to be notified by the office of state police within
2 twenty-four hours if the person on the Louisiana Voluntary Do Not Sell List
3 subsequently requests removal. Providing an email address under this Paragraph
4 shall constitute an express authorization of the use of the email address for purposes
5 of this Paragraph only.
6 (5) The office of state police may promulgate and adopt rules and regulations,
7 in accordance with the Administrative Procedure Act, as are necessary to implement
8 the provisions of this Section.
9 I. Whoever coerces another person to add or remove his name from the
10 Louisiana Voluntary Do Not Sell List shall be imprisoned for not more than one
11 year.
12 J.(1) An insurer, as defined in R.S. 22:46, shall not inquire as to whether a
13 person is on the Louisiana Voluntary Do Not Sell List. An insurer shall also not
14 modify the terms of any insurance policy of any individual due to that person's status
15 on the Louisiana Voluntary Do Not Sell List or that person's request to be added to
16 or removed from the Louisiana Voluntary Do Not Sell List.
17 (2) An employer shall not inquire whether an employee or applicant is on the
18 Louisiana Voluntary Do Not Sell List unless possession of a firearm is a requirement
19 of the employment position. An employer also shall not dismiss, discharge, demote,
20 deny employment, or otherwise alter the terms of employment of any employee or
21 applicant due to the employee or applicant being on the Louisiana Voluntary Do Not
22 Sell List or having requested to be added to or removed from the Louisiana
23 Voluntary Do Not Sell List, unless possession of a firearm is a requirement of the
24 employment position.
25 (3)(a) A person may not conduct any unlawful discriminatory housing
26 practice as provided in R.S. 51:2606 against any person who is on the Louisiana
27 Voluntary Do Not Sell List or has requested to be added to or removed from the list.
28 (b) For purposes of this Subsection, it shall be a violation of R.S.
29 51:2603(A)(6) if a person is subject to any discriminatory housing practice for being
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HB NO. 408
1 on the Louisiana Voluntary Do Not Sell List or having requested to be added to or
2 removed from the Louisiana Voluntary Do Not Sell List.
3 (c) Whoever violates the provisions of this Paragraph shall be fined not more
4 than $100,000.
5 (4) The state, its agencies, or political subdivisions shall not condition or
6 alter any governmental benefits due to a person being on the Louisiana Voluntary Do
7 Not Sell List or having requested to be added to or removed from the Louisiana
8 Voluntary Do Not Sell List.
9 (5) A public educational institution shall not inquire as to whether an
10 individual is on the Louisiana Voluntary Do Not Sell List unless it is acting as an
11 employer and is in compliance with Paragraph (2) of this Subsection.
12 (6) A healthcare provider may not deny any service to an individual due to
13 that individual being on the Louisiana Voluntary Do Not Sell List or having
14 requested to be added to or removed from the List.
15 (7) Except as provided in Paragraph (3) of this Subsection, whoever violates
16 the provisions of this Subsection shall be fined not more than forty thousand dollars.
17 Section 2. R.S. 14:95.1.4 is hereby amended and reenacted to read as follows:
18 §95.1.4. Illegal transfer of a firearm to a prohibited possessor
19 A. Illegal transfer of a firearm to a prohibited possessor is the intentional
20 giving, selling, donating, lending, delivering, or otherwise transferring a firearm to
21 any person known to the offender to be a person prohibited from possessing a
22 firearm under state or federal law or a person whose names appears on the Louisiana
23 Voluntary Do Not Sell List.
24 B.(1) Whoever commits the crime of illegal transfer of a firearm to a
25 prohibited possessor shall be fined not more than two thousand five hundred dollars,
26 imprisoned with or without hard labor for not more than one year, or both.
27 (2) A person on the Louisiana Voluntary Do Not Sell List who knowingly
28 receives or possesses a firearm shall be fined not more than one hundred dollars or
29 sentenced to four hours of community service.
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HB NO. 408
1 Section 3. R.S. 44:4.1(B)(6) is hereby amended and reenacted to read as follows:
2 §4.1. Exceptions
3 * * *
4 B. The legislature further recognizes that there exist exceptions, exemptions,
5 and limitations to the laws pertaining to public records throughout the revised
6 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
7 limitations are hereby continued in effect by incorporation into this Chapter by
8 citation:
9 * * *
10 (6) R.S. 13:753.1, 1905, 2593, 3715.3, 3715.4, 3734, 4687, 5108.1, 5304, 5366(L)
11 * * *
12 Section 4. Pursuant to R.S. 37:969, 1105, 1270, 2353, the Louisiana State Board of
13Practical Nurse Examiners, the Louisiana Licensed Professional Counselors Board of
14Examiners, the Louisiana State Board of Medical Examiners, and the Louisiana State Board
15of Examiners of Psychologists shall adopt rules to encourage licensees to inform the public
16about the Louisiana Voluntary Do Not Sell List. It shall be a non-binding best practice for
17healthcare providers to explain the Louisiana Voluntary Do Not Sell List and to offer it as
18an option to any recipient of their services whom the healthcare provider knows has
19attempted suicide or is at elevated risk of suicide for another reason or reasons.
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 408 Original 2024 Regular Session Mandie Landry
Abstract: Enacts the "La. Voluntary Do Not Sell Firearms Act".
Proposed law may be referred to and may be cited as the "La. Voluntary Do Not Sell
Firearms Act".
Proposed law provides that a person may submit a form to the clerk of court in the parish of
the person's residence requesting to be added to the La. Voluntary Do Not Sell List ("the
list") and as a result shall be prohibited from receiving or possessing a firearm. Further
provides that the clerk shall request a valid government-issued photo identification to verify
the person's identity prior to accepting the form.
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HB NO. 408
Proposed law provides that by the end of the business day on which the form was received,
the clerk shall transmit the accepted form to the DPS&C, office of state police.
Proposed law provides that a person may submit a form to any healthcare provider
requesting to be added to the list. Further provides that the healthcare provider shall verify
the person's identity before accepting the form and may not accept a form from someone
other than the person named on the form.
Proposed law provides that by the end of the business day on which the form was received,
the provider shall electronically deliver the person's completed form to the DPS&C, office
of state police.
Proposed law provides that a person may submit a form by mail to the office of state police
requesting to be added to the list. Further provides that the form shall be accompanied by
a photocopy of a government-issued form of identification to verify the person's identity
prior to accepting the form.
Proposed law provides that a person may submit a form by electronic mail, short message
service, or multimedia messaging service to the office of state police requesting to be added
to the list. Further provides that the form shall be accompanied by a copy of a
government-issued photo identification and a photographic portrait of the person that
contains an exchangeable image file format data proving that the photographic portrait was
taken within one hour prior to transmission to the office of state police.
Proposed law provides that the office of state police shall enter the person requesting to be
added to the list into the National Instant Criminal Background Check System (NICS) and
other federal or state computer-based systems used by law enforcement agencies to identify
prohibited purchasers and possessors of firearms within 24 hours of receipt of the form.
Proposed law provides that no sooner than seven calendar days after submitting a form, a
person may submit a form requesting to be removed from the list by any of the methods
provided in proposed law.
Proposed law provides that unless the person is otherwise prohibited from possessing or
purchasing a firearm under state or federal law, the office of state police shall do all of the
following on the 21st day after receipt of the request for removal:
(1)Remove the person and all of his information from the NICS and other federal or
state computer-based systems used by law enforcement to identify prohibited
possessors and purchasers of firearms in which the person's information was entered.
(2)Destroy all records related to the person being added and removed from the list.
Proposed law provides that at any time, a person on the list may file a signed expedited
removal request form with the district court located in the parish of the person's residence.
Proposed law provides that there shall be no filing fees for a removal request and that the
court, within 48 hours of receipt of the request, shall hold a hearing after adequate notice has
been provided to the person. Further provides that the court shall determine by a
preponderance of the evidence whether the request for removal is voluntary, knowing, and
intelligent.
Proposed law provides that no later than 24 hours after the conclusion of the hearing, the
court shall inform the person of the court's determination. Further provides that if the court
determines that the request for removal is voluntary, knowing, and intelligent, the court shall
instruct the office of state police to immediately remove the person from the list, unless the
person is otherwise prohibited from possessing or purchasing a firearm under state or federal
law.
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HB NO. 408
Proposed law provides that if the court determines that the request is not voluntary, knowing,
and intelligent, the person may request removal pursuant to proposed law.
Proposed law provides that a person who knowingly makes a false statement regarding a
person's addition to or removal from the list shall be subjected to criminal prosecution as
provided in present law (R.S. 14:123).
Proposed law provides that a person's addition to, placement on, or removal from the list
shall not be considered by any court in a legal proceeding in which the person executing the
form is a party, unless the proceeding involves a violation of proposed law (R.S.
14:95.1.4(B)(2)).
Proposed law provides that records obtained and produced under proposed law are
confidential and shall not be a public record, except that such information may be disclosed
to any of the following:
(1)A law enforcement officer acting in the performance of his official duties.
(2)Either of the parties in the course of a criminal prosecution
(3)A person requesting to be added to the list with respect to his own information.
Proposed law provides that the office of state police shall develop the following request
forms relative to the list:
(1)An addition form.
(2)A removal form.
(3)An expedited removal form.
Proposed law provides that each form shall contain the following:
(1)A signature line for the requesting person.
(2)A provision that states that the form is signed under penalty of perjury.
(3)All information necessary for identification and entry of the person into the NICS to
identify prohibited possessors or purchasers of firearms.
Proposed law provides that the forms shall be made available to the public on the website
of the office of state police, the La. Dept. of Health, office of behavioral health, and each
judicial district court. Further provides that the forms shall be distributed to all clerks of
court and to all facilities in which healthcare providers provide healthcare or professional
services related to healthcare within the scope of the provider's license, certification,
practice, education, or training.
Proposed law provides that the office of state police shall ensure that the form requesting a
person's addition to the list provides an email notification option that allows the requesting
person to be added at the time of the request or thereafter. Further provides that the form
shall also provide an option for one or more email addresses of another person or persons
to be notified by the office of state police within 24 hours if the person on the list
subsequently requests removal.
Proposed law provides that providing an email address under proposed law shall constitute
an express authorization of the use of the email address for purposes of proposed law only.
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HB NO. 408
Proposed law provides that the office of state police may promulgate and adopt rules and
regulations, in accordance with the Administrative Procedure Act, as are necessary to
implement the provisions of proposed law.
Proposed law provides that whoever coerces another person to add or remove his name from
the list shall be imprisoned for not more than one year.
Proposed law provides that an insurer, as defined in present law (R.S. 22:46), shall not
inquire as to whether a person is on the list. Further provides that an insurer shall also not
modify the terms of any insurance policy of any individual due to that person's status on the
list or that person's request to be added to or removed from the list.
Proposed law provides that an employer shall not inquire whether an employee or applicant
is on the list unless possession of a firearm is a requirement of the employment position.
Proposed law provides that an employer also shall not dismiss, discharge, demote, deny
employment, or otherwise alter the terms of employment of any employee or applicant due
to the employee or applicant being on the list or having requested to be added to or removed
from the list, unless possession of a firearm is a requirement of the employment position.
Proposed law provides that a person may not conduct any unlawful discriminatory housing
practice as provided in present law (R.S. 51:2606) against any person who is on the list or
has requested to be added to or removed from the list.
Proposed law provides that it shall be a violation of present law (R.S. 51:2603(A)(6)) if a
person is subject to any discriminatory housing practice for being on the list or having
requested to be added to or removed from the list. Further provides for a fine of not more
than $100,000.
Proposed law provides that the state, its agencies, or political subdivisions shall not
condition or alter any governmental benefits due to a person being on the list or having
requested to be added to or removed from the list.
Proposed law provides that a public educational institution shall not inquire as to whether
an individual is on the list unless it is acting as an employer and is in compliance with
proposed law.
Proposed law provides that a healthcare provider may not deny any service to an individual
due to that individual being on the list or having requested to be added to or removed from
the list.
Proposed law provides that whoever violates the provisions of proposed law shall be fined
not more than $40,000 dollars.
Present law (R.S. 14:95.1.4) provides for the crime of illegal transfer of a firearm to a
prohibited possessor.
Proposed law amends present law to also make it unlawful to intentionally give, sell, donate,
lend, deliver, or otherwise transfer a firearm to any person whose names appears on the La.
Voluntary Do Not Sell List.
Present law provides that whoever commits the crime of illegal transfer of a firearm to a
prohibited possessor shall be fined not more than $2,500, imprisoned with or without hard
labor for not more than one year, or both.
Proposed law retains present law and provides that a person on the La. Voluntary Do Not
Sell List who knowingly receives or possesses a firearm shall be fined not more than $100
or sentenced to four hours of community service.
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HB NO. 408
Present law (R.S. 44:4.1(B)(8)) provides for a listing of exemptions from public disclosure
of certain information contained in present law (Title 13 of the La. R.S.).
Proposed law adds proposed law (R.S. 13:753.1) to list of exceptions to the Public
Records Law in present law (R.S. 44:4.1(B)(8)).
Proposed law provides that pursuant to present laws (R.S. 37:969, 1105, 1270, 2353) the La.
State Board of Practical Nurse Examiners, the La. Licensed Professional Counselors Board
of Examiners, the La. State Board of Medical Examiners, and the La. State Board of
Examiners of Psychologists shall adopt rules to encourage licensees to inform the public
about the La. Voluntary Do Not Sell List.
Proposed law provides that it shall be a non-binding best practice for healthcare providers
to explain the La. Voluntary Do Not Sell List and to offer it as an option to any recipient of
their services whom the healthcare provider knows has attempted suicide or is at elevated
risk of suicide for another reason or reasons.
(Amends R.S. 14:95.1.4 and R.S. 44:4.1(B)(6); Adds R.S. 13:753.1)
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