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Rs 13:753 Reporting Of Information To Louisiana Supreme Court For Nics Database; Possession Of A Firearm

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

of a firearm

A. Effective January 1, 2014, 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 of a crime listed in R.S. 14:95.1(A) 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 crime listed in R.S. 14:95.1(A) 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. Effective January 1, 2017, 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) which 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 report 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.

Acts 2013, No. 403, §1, eff. Jan. 1, 2014; Acts 2013, No. 404, §1, eff. Jan. 1, 2014;

Acts 2016, No. 124, §1.

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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