Legal Information: Louisiana

State Gun Laws

March 18, 2022

If the abuser's gun is taken away, what will happen to it?

A judge must order that the defendant transfer all of his/her firearms to the sheriff within 48 hours and that his/her concealed handgun permit is suspended in any of the following situations:

  1. When a long-term protective order is issued based on domestic abuse, dating violence, or stalking (and in other legal proceedings as well);1
  2. When a person is convicted of any of the following crimes:

Once the sheriff gets the firearms, the sheriff can:

  • allow a third party who does not live with the defendant to hold onto the transferred firearms;
  • accept and store the transferred firearms, possibly in a storage facility; or
  • oversee the legal sale of the transferred 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 transferred firearms.4

1 LA C.Cr.P. Art. 1001(A)(2), (D)(1)
2 LA C.Cr.P. Art. 1001(A)(1), (D)(1)
3 LA C.Cr.P. Art. 1002(A)
4 LA C.Cr.P. Art. 1002(D)(1)

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