Louisiana Revised Statutes 28:57 – A.(1) Except as provided in Paragraph (2) of this Subsection, a person who is prohibited from possessing a firearm or is ineligible to be issued a concealed handgun permit pursuant t
Terms Used In Louisiana Revised Statutes 28:57
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Chambers: A judge's office.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Conditional discharge: means the physical release of a judicially committed person from a treatment facility by the director or administrator or by the court. See Louisiana Revised Statutes 28:2
- Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Petition: means a written civil complaint filed by a person of legal age alleging that a person has a mental illness or is suffering from a substance-related or addictive disorder and requires judicial commitment to a treatment facility. See Louisiana Revised Statutes 28:2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A.(1) Except as provided in Paragraph (2) of this Subsection, a person who is prohibited from possessing a firearm or is ineligible to be issued a concealed handgun permit pursuant to the provisions of 18 U.S.C. § 922(d)(4) and (g)(4) or of La. Rev. Stat. 40:1379.3(C)(13) because of an adjudication or commitment that occurred under the laws of this state may, upon release from involuntary commitment, file a civil petition seeking a judgment ordering the removal of that prohibition.
(2) A person found not guilty by reason of insanity of any felony may file a civil petition seeking a judgment ordering the removal of the prohibition described in Paragraph (1) of this Subsection provided that at least ten years have passed since the person was discharged from probation or custody, or discharged from a mental institution, by a court of competent jurisdiction.
B. The petition for restoration shall be filed in the form of a rule to show cause and shall be filed in the district in which the adjudication or order of commitment occurred.
C. The hearing on the petition shall be a contradictory proceeding with the attorney who represented the state in the original proceedings, or the attorney’s successor, who shall represent the interests of the state and be served with a copy of the petition and citation to answer it not less than thirty days prior to the hearing.
D. The hearing shall be in chambers, unless the court determines that it is in the best interest of the public that the hearing be in open court.
E. At the hearing, the court shall consider evidence concerning all of the following:
(1) The circumstances which prohibit the person from possessing a firearm or which render the person ineligible to receive a concealed handgun permit.
(2) The petitioner’s mental health and criminal history records, if any.
(3) The petitioner’s reputation, developed at a minimum through character witness statements, testimony, or other character evidence.
(4) Changes in the petitioner’s condition or circumstances since the original adjudication or commitment relevant to the relief sought. If the court determines the hearing should be open to the public, upon motion by the petitioner for restoration, the court may allow for in camera inspection of any mental health records.
F. The court shall render such judgment as the nature of the relief and the law and evidence shall justify. The court shall grant the relief requested if it finds, by a preponderance of the evidence, that the petitioner’s record and reputation are such that he will not be likely to act in a manner dangerous to public safety and that the granting of the relief requested would not be contrary to the public interest. A record of the proceedings shall be kept.
G. In the event of a closed hearing, the record of the proceedings shall remain under seal and be disclosed only to an appellate court or the parties. The district court order may be reviewed on appeal to the court of appeal under a de novo standard of review. The appellate court shall maintain the confidentiality of the records.
H. The petitioner for restoration in all cases shall pay the costs of the proceedings.
I. After a judgment granting restoration of rights pursuant to the provisions of this Section has become final and definitive, the clerk of court in the district where the judgment was rendered shall, as soon as is practicable, but in no case later than ten business days after receipt of the final and definitive judgment, forward a copy of the judgment to the Louisiana Supreme Court. The Louisiana Supreme Court shall, within fifteen business days after receipt of the judgment, revise the person’s record in any information database that the Louisiana Supreme Court makes available to the National Instant Criminal Background Check System, and shall notify the United States Attorney General for the purpose of reporting to the National Instant Criminal Background Check System that the basis for the prohibitions imposed by 18 U.S.C. § 922(d)(4) and (g)(4) no longer applies.
J. This provisions of this Section shall not apply to:
(1) A person on conditional release or conditional discharge pursuant to Code of Criminal Procedure Article 657.1 or 658.
(2) A person who has been convicted or found not guilty by reason of insanity of any felony enumerated in La. Rev. Stat. 14:95.1 in the ten years prior to the filing of a petition under this Section.
Acts 2013, No. 403, §2, eff. Jan. 1, 2014; Acts 2013, No. 404, §3, eff. Jan. 1, 2014; Acts 2018, No. 532, §4.