State Gun Laws

A judge must order that a person transfer all of his/her firearms to the sheriff within 48 hours and the judge will suspend his/her concealed handgun permit in any of the following situations:

1. the person has a long-term protective order issued against him/her based on domestic abuse, dating violence, or stalking;¹
2. the person is convicted of any of the following crimes:

• domestic abuse battery;
• battery of a dating partner when the offense involves strangulation;
• battery of a dating partner when the offense involves burning;
• a second, third, fourth, etc., offense of battery of a dating partner;
• possession of a firearm or carrying a concealed weapon by a person convicted of domestic abuse battery and certain offenses of battery of a dating partner;
• domestic abuse aggravated assault;
• aggravated assault upon a dating partner; or
• any felony “crime of violence,” as defined in section 14:2(B) of the law when the victim is a family member, household member, or dating partner.²

Once the sheriff gets the firearms, the sheriff can:

• allow a third party who does not live with the defendant to hold the firearms;
• accept and store the firearms, possibly in a storage facility; or
• oversee the legal sale of the firearms to a third party, such as a licensed firearms dealer.³

If there comes a time when the defendant is no longer prohibited from possessing a firearm under state or federal law, such as when the protective order expires, s/he can file a motion with the court seeking an order for the return of the firearms.⁴

¹ LA C.Cr.P. Art. 1002(A)(2), (D)(1)
² LA C.Cr.P. Art. 1002(A)(1), (D)(1)
³ LA C.Cr.P. Art. 1003(A)
⁴ LA C.Cr.P. Art. 1003(D)(1)