Louisiana Revised Statutes 13:753 – 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 identif
Terms Used In Louisiana Revised Statutes 13:753
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
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 La. Rev. Stat. 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 La. Rev. Stat. 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 (La. Rev. Stat. 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 (La. Rev. Stat. 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 La. Rev. Stat. 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.