2018 Louisiana Laws
Code of Criminal Procedure
CCRP 1003 - Transfer or storage of transferred firearms

Art. 1003. Transfer or storage of transferred firearms

            A.(1) The sheriff of each parish shall be responsible for oversight of firearm transfers in his parish. For each firearm transferred pursuant to this Title, the sheriff shall offer all of the following options to the transferor:

            (a)(i) Allow a third party to receive and hold the transferred firearms. The third party shall complete a firearms acknowledgment form that, at a minimum, informs the third party of the relevant state and federal laws, lists the consequences for noncompliance, and asks if the third party is able to lawfully possess a firearm. No firearm shall be transferred to a third party living in the same residence as the transferor at the time of transfer. The sheriff shall prescribe the manner in which firearms are transferred to a third party.

            (ii) If a firearm is transferred to a third party pursuant to the provisions of this Subparagraph, the sheriff shall advise the third party that return of the firearm to the person before the person is able to lawfully possess the firearms pursuant to state or federal law may result in the third party being charged with a crime.

            (b) Store the transferred firearms in a storage facility with which the sheriff has contracted for the storage of transferred firearms. The sheriff may charge a reasonable fee for the storage of such firearms.

            (c) Oversee the legal sale of the transferred firearms to a third party. The sheriff may contract with a licensed firearms dealer for such purpose. The sheriff may charge a reasonable fee to oversee the sale of firearms.

            (2) The sheriff may also accept and store the transferred firearms. The sheriff may charge a reasonable fee for the storage of such firearms.

            B. The sheriff shall prepare a receipt for each firearm transferred and provide a copy to the person transferring the firearms. The receipt shall include the date the firearm was transferred, the firearm manufacturer, and firearm serial number. The receipt shall be signed by the officer accepting the firearms and the person transferring the firearms. The sheriff may require the receipt to be presented before returning a transferred firearm.

            C. The sheriff shall keep a record of all transferred firearms including but not limited to the name of the person transferring the firearm, date of the transfer, the manufacturer, model, serial number, and the manner in which the firearm is stored.

            D.(1) When the person is no longer prohibited from possessing a firearm under state or federal law, the person whose firearms were transferred pursuant to the provisions of this Title may file a motion with the court seeking an order for the return of the transferred firearms.

            (2) Upon reviewing the motion, if the court determines that the person is no longer prohibited from possessing a firearm under state or federal law, the court shall issue an order stating that the firearms transferred pursuant to the provisions of this Title shall be returned to the person. The order shall include the date on which the person is no longer prohibited from possessing a firearm and a copy of the order shall be sent to the sheriff.

            (3) No sheriff or third party to whom the firearms were transferred pursuant to the provisions of this Title, shall return a transferred firearm prior to receiving the order issued by the court pursuant to the provisions of this Paragraph.

            (4) After a firearm is returned pursuant to the provisions of this Paragraph, the sheriff shall destroy the records pertaining to the returned firearms and instruct the clerk of court of that parish to destroy the pertinent records.

            E. The sheriff shall exercise due care to preserve the quality and function of all firearms transferred under the provisions of this Title. However, the sheriff shall not be liable for damage to firearms except for cases of willful or wanton misconduct or gross negligence. In addition, the sheriff shall not be liable for damage caused by the third party to whom the firearms were transferred pursuant to the provisions of this Title.

            Acts 2018, No. 367, §3, eff. Oct. 1, 2018.