RS 13:753

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RS 13:753

§753. Reporting of information to Louisiana Supreme Court for NICS database; possession of a firearm

A. Each district clerk of court shall report to the Louisiana Supreme Court for reporting to the National Instant Criminal Background Check System database the name and other identifying information of any adult who is prohibited from possessing a firearm pursuant to the laws of this state or 18 U.S.C. 922(d)(4) and (g)(4), (8), and (9), by reason of a conviction or adjudication in a court of that district for any of the following:

(1)A conviction of a crime listed in R.S. 14:95.1(A).

(2)A verdict of an acquittal by reason of insanity pursuant to the provisions of Chapter 2 of Title XXI of the Code of Criminal Procedure.

(3)A court determination that a person does not have the mental capacity to proceed with a criminal trial pursuant to the provisions of Chapter 1 of Title XXI of the Code of Criminal Procedure.

(4)A court order requiring that a person be involuntarily committed to an inpatient mental health treatment facility pursuant to R.S. 28:54.

(5)A court order prohibiting a person from possessing a firearm or restricting a person in the use of a firearm.

(6)A conviction for a violation of domestic abuse battery (R.S. 14:35.3) which is a felony.

B. Each city and parish clerk of court shall report to the Louisiana Supreme Court for reporting to the National Instant Criminal Background Check System database the name and other identifying information of any adult who is prohibited from possessing a firearm pursuant to the laws of this state or 18 U.S.C. 922(d)(4), (g)(4), (8), and (9), by reason of a conviction or adjudication in a court of that district for any of the following:

(1)A conviction for a violation of domestic abuse battery (R.S. 14:35.3) that is a misdemeanor.

(2)A verdict of an acquittal of a misdemeanor crime by reason of insanity pursuant to the provisions of Chapter 2 of Title XXI of the Code of Criminal Procedure.

(3)A court determination that a person does not have the mental capacity to proceed with a criminal trial for a misdemeanor crime pursuant to the provisions of Chapter 1 of Title XXI of the Code of Criminal Procedure.

(4)A court order prohibiting a person from possessing a firearm or restricting a person in the use of a firearm.

C. The reports required by Subsections A and B of this Section shall be submitted to the Louisiana Supreme Court, in the manner and form as directed by the supreme court, within ten business days of the date of conviction, adjudication, or order of involuntary commitment.

D. The Louisiana Supreme Court shall, within fifteen business days of receipt of the report, submit the information in the report to the National Instant Criminal Background Check System database.

E. Except in the case of willful or wanton misconduct or gross negligence, no city, parish, or district clerk of court shall be held civilly or criminally liable on the basis of the accuracy, availability, or unavailability of any information reported or required to be reported pursuant to this Section.

F. A person who has been adjudicated as a mental defective or committed to a mental institution and is therefore, pursuant to federal law, prohibited from receiving or possessing a firearm or ammunition or, pursuant to state law, is ineligible to possess a firearm or obtain a concealed handgun permit, may petition the court for restoration of firearm rights pursuant to R.S. 28:57.

Acts 2013, No. 403, §1, eff. Jan. 1, 2014; Acts 2013, No. 404, §1, eff. Jan. 1, 2014; Acts 2016, No. 124, §1; Acts 2018, No. 181, §1; Acts 2018, No. 532, §2.