Louisiana House Bill HB732

Louisiana 2018 Regular Session

• Introduced: 3/26/18
• Refer: 3/27/18
• Report Pass: 4/6/18
• Engrossed: 4/16/18
• Refer: 4/17/18
• Report Pass: 5/1/18
• Enrolled: 5/9/18
• Chaptered: 5/15/18
• Passed: 5/15/18

Caption

Provides for the reporting of certain court orders to be included in the National Instant Criminal Background Check System database

Impact

The proposed changes to the law would have significant implications for how firearm possession is regulated in Louisiana. By including court determinations related to mental capacity and insanity acquittals in the NICS database, the bill attempts to close potential loopholes that previously allowed some individuals who have been found unfit for trial or acquitted by reason of insanity to possess firearms. This integration aims to enhance public safety by ensuring that individuals who pose mental health risks cannot access firearms.

Summary

House Bill 732 aims to amend existing Louisiana law concerning the reporting of specific court orders to the National Instant Criminal Background Check System (NICS). The bill mandates that district clerks of court report names and identifying information of individuals who are prohibited from possessing firearms due to adjudications in court, specifically focusing on verdicts of acquittal by reason of insanity and determinations of mental incapacity to stand trial. This legislation ensures that important mental health adjudications are reflected in the NICS, increasing the comprehensiveness and accuracy of background checks.

Sentiment

Discussions around HB 732 appear to be largely supportive, focusing on the bill's potential to improve public safety through better reporting and adherence to background check requirements. Proponents of the bill, including various mental health professionals and legislators, argue that accurate reporting is essential for preventing firearms from getting into the hands of individuals who are not mentally fit to own them. Overall, there seems to be a consensus that the bill addresses an important gap in firearm regulation.

Contention

While the sentiment surrounding HB 732 is mostly positive, some concerns have been raised regarding the implications of defining mental capacity and the related privacy issues that may arise from reporting sensitive health information. Critics might argue about the balance between public safety and individual rights, particularly how mental health adjudications can affect the lives of individuals who may not represent a threat. These discussions highlight the ongoing tension between ensuring safety and respecting privacy in the context of mental health and firearm ownership.