Posted on 05/07/2004 7:39:07 PM PDT by Pikachu_Dad
SLS 04-746 ENGROSSED Regular Session, 2004 SENATE BILL NO. 470 BY SENATOR DARDENNE
WEAPONS. Provides for the illegal possessing of a firearm or ammunition by any person convicted of a misdemeanor crime of domestic violence.
AN ACT To enact R.S. 14:95.9, relative to possession of a firearm or ammunition; to prohibit possession by persons subject to certain court orders; and to provide for related matters.
Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:95.9 is hereby enacted to read as follows:
§95.9. Illegal possession of a firearm or ammunition R.S. 14:95.9 is all proposed new law.
A. It is unlawful for any person to possess a firearm or ammunition and who is subject to a court order that satisfies one of the following situations:
(1) Is issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate.
(2) Restrains the person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.
(3) (i) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
B. Notwithstanding any other provision of law to the contrary, this Section shall not apply to the possession of any firearm or ammunition issued to an employee of a federal, state, or local law enforcement agency or governmental agency which possession is required as a condition of employment or otherwise possessed or used by the employee while engaged in his official duties or activities.
C. It is unlawful for any person who has been convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition.
D. For purposes of Subsection A of this Section, “intimate partner” shall include with respect to the person, a spouse, former spouse, an individual who is a parent of a child of the person, an individual who cohabitates or has cohabited with the person as a spouse although unmarried.
E. For purposes of Subsection B of this Section, the term “misdemeanor crime of domestic violence” means an offense that contains all of the following:
(1) Is a misdemeanor under federal, state or local law.
(2) Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon.
(3) Is committed by a current or former spouse, parent or guardian of the victim, by a person with whom the victim shares a child in common, by a person who 22 is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
F. For purposes of this Section, a person shall not be convicted of a misdemeanor crime of domestic violence unless all of the following apply:
(1) The person was represented by counsel in the case or knowingly and intelligently waived the right to counsel in the case.
(2) In the case of a prosecution for an offense described in this Section for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either the case was tried by a jury or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
G. A person shall not be considered to have been convicted of a misdemeanor crime of domestic violence if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not possess a firearm or ammunition, or if ten years has elapsed from the date of completion of sentence, probation, parole, or suspension of sentence.
H. Whoever is found guilty of violating the provisions of this Section shall be imprisoned with or without hard labor for not less than two nor more than ten years without the benefit of probation, parole, or suspension of sentence and shall be fined not less than one thousand dollars nor more than five thousand dollars, or both.
=================================================== The original instrument was prepared by Dennis C. Weber. The following digest, which does not constitute a part of the legislative instrument, was prepared by Tracy Sabina Sudduth. ==================================================
DIGEST
Proposed law prohibits possession of a firearm or ammunition by a person subject to a court order that satisfies one of the following situations:
(1) Issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate.
(2) Restrains the person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.
(3) (i) Includes a finding that such person represents credible threat to the physical safety of such intimate partner or child; or
(ii) By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury. Proposed law does not apply to the possession of any firearm or ammunition issued to an employee of a federal, state, or local law enforcement agency or governmental agency which possession is required as a condition of employment or otherwise possessed or used by the employee while engaged in his official duties or activities. Proposed law prohibits any person convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition. Proposed law defines “intimate partner” to include with respect to the person, a spouse, former spouse, an individual who is a parent of a child of the person, or an individual who cohabitates or has cohabited with the person as a spouse although unmarried. Proposed law defines “misdemeanor crime of domestic violence” to be an offense that contains all of the following:
(1) Is a misdemeanor under federal, state or local law.
(2) Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon.
(3) Is committed by a current or former spouse, parent or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. Proposed law prohibits conviction of a person of a misdemeanor crime of domestic violence unless the following apply: (1) The person was represented by counsel in the case or knowingly and intelligently waived the right to counsel in the case. (2) In the case of a prosecution for an offense described in proposed law for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either the case was tried by a jury or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
Proposed law provides that a person shall not be considered to have been convicted of a misdemeanor crime of domestic violence if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not possess a firearm or ammunition.
Proposed law requires that violators be imprisoned with or without hard labor for not less than two nor more than ten years without the benefit of probation, parole, or suspension of sentence and shall be fined not less than $1,000 nor more than $5,000, or both. (Adds R.S. 14:95.9)
Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill. 1. Prohibits possession of a firearm or ammunition by a person who has been convicted of a misdemeanor crime of domestic violence. 2. Adds exception for governmental and law enforcement personnel. 3. Provides for the definition of “intimate partner” 4. Provides for the definition of “misdemeanor crime of domestic violence” 5. Provides for fines and penalties.
Please give your senators a call and let them know that you do not approve of this bill.
Remember, Retraining orders are given out 'like popcorn' by the courts. All that is needed is for the requesting person to claim that 'they fear for their safety'.
My ex requested one and ended up with the judge putting a reciprocal one on her without my even requesting it.
This is a very dangerous bill that does nothing except make people feel good.
(1) Is issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate.
That - by itself - would include every type of order after every type of hearing in the state. A tad overbroad I think and probably not what they wanted if the goal is to keep stalkers from killing their Exes by firearm.
Note well: This law would not have hepled Nicole Simpson one bit.
Also, BTW - seems overall to require more than just divorce. There has top be doemstic violence involved as well.
The news article's title is off kilter in that regards.
They are essentially gonna take away the duck hunting guns of every divorced man in the state.
So9
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