§ 28:57 — Petition for restoration of right to possess a firearm and to apply for permit for

Louisiana § 28:57

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§57. Petition for restoration of right to possess a firearm and to apply for permit for
concealed handgun; procedures
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 R.S. 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 R.S. 14:95.1 in the ten years prior to the filing of a petition under this
Section.

Legislative History

Acts 2013, No. 403, §2, eff. Jan. 1, 2014; Acts 2013, No. 404, §3, eff. Jan. 1, 2014; Acts 2018, No. 532, §4.