2018 Louisiana Laws
Revised Statutes
TITLE 28 - Mental Health
RS 28:57 - Petition for restoration of right to possess a firearm and to apply for permit for concealed handgun; procedures

§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.

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