Louisiana 2022 Regular Session

Louisiana House Bill HB464

Introduced
3/3/22  
Introduced
3/3/22  
Refer
3/3/22  
Refer
3/3/22  

Caption

Provides relative to the transfer of firearms

Impact

The proposed changes in HB 464 would enforce clearer standards for how courts issue protective orders, specifically mandating that a credible threat to the safety of family members or dating partners is established through clear and convincing evidence. The bill seeks to solidify the legal framework to prevent individuals deemed a threat from accessing firearms, thereby reinforcing protections for victims of domestic violence. This change could potentially lead to an increase in the number of individuals disarmed under protective orders.

Summary

House Bill 464 aims to amend existing laws concerning the transfer of firearms when a permanent injunction or protective order is issued. The bill establishes evidentiary standards and due process requirements that must be met before prohibiting a person from possessing firearms or carrying concealed weapons. This legislative amendment reflects growing concerns around domestic violence and the need for stringent safety measures through the legal system.

Sentiment

The sentiment surrounding HB 464 is largely supportive among advocacy groups and legislators who prioritize public safety and the protection of domestic violence victims. However, there are concerns from some stakeholders about the implications for due process and individual rights. Critics worry that the stringent evidentiary requirements and the potential for subjective interpretations of what constitutes a credible threat may infringe upon the rights of individuals facing such injunctions.

Contention

Opponents of the bill assert that the imposed evidentiary threshold and procedural changes may lead to an abuse of the protective order system, where individuals could face firearm restrictions without sufficient safeguards for their rights. They caution that while the intention is to protect victims, the implementation could result in unintended consequences, such as disenfranchising law-abiding individuals who are wrongfully accused. The bill thus sits at the intersection of public safety concerns and individual rights, leading to significant debate among lawmakers.

Companion Bills

No companion bills found.

Previously Filed As

LA SB231

Provides relative to the transfer of firearms for the violation of a protective order. (10/1/18)

LA HB279

Provides relative to the transfer of firearms of persons who are prohibited from possessing a firearm in domestic abuse cases

LA HB780

Provides relative to the transfer of firearms by person prohibited from possessing firearms

LA SB304

Provides for the Domestic Violence Prevention and Lawful Transfer of Firearms Act. (8/1/16)

LA HB753

Provides relative to the possession of firearms as it relates to persons convicted of domestic abuse battery or subject to a protective order (EN NO IMPACT See Note)

LA HB223

Provides relative to abuse among dating partners (EN SEE FISC NOTE GF EX See Note)

LA HB1026

Provides relative to domestic violence

LA HB488

Provides relative to domestic abuse (OR INCREASE GF EX See Note)

LA HB842

Provides relative to domestic abuse (EN INCREASE GF EX See Note)

LA HB159

Provides for the definition of domestic abuse

Similar Bills

CA SB746

Firearms and ammunition: prohibited possession: transfer to licensed dealer.

CA AB340

Firearms: armed prohibited persons.

CA AB164

Firearms: prohibited persons.

CA AB2551

Firearms.

CA AB667

Firearms: Armed Prohibited Persons System.

CA AB2301

Alcoholic beverage sales: beer manufacturers: licensed premises.

CA AB1195

Firearms.

CA AB92

Body armor: prohibition.