Louisiana Code of Criminal Procedure 1005 – Transfer of firearms; aggregate data collection and reporting
Terms Used In Louisiana Code of Criminal Procedure 1005
- Firearm: means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive. See Louisiana Code of Criminal Procedure 1001
- Sheriff: means the sheriff of the jurisdiction in which the order was issued, unless the person resides outside of the jurisdiction in which the order is issued. See Louisiana Code of Criminal Procedure 1001
A.(1) The sheriff of each parish shall report on an annual basis to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice the following aggregate data:
(a) The total number of civil orders to transfer firearms received by the sheriff’s office pursuant to Article 1002(C)(3).
(b) The total number of criminal orders to transfer firearms received by the sheriff’s office pursuant to Article 1002(C)(3).
(c) The total number of proof of transfer forms completed and retained by the sheriff’s office as required by Article 1002(D)(1).
(d) The total number of declarations of nonpossession received by the sheriff’s office pursuant to Article 1002(E)(1).
(e) The number of firearm transfers completed as required by Article 1002 including:
(i) The total number of firearms transferred to the sheriff’s office.
(ii) The total number of firearms transferred to a third-party entity.
(iii) The total number of firearms transferred to contracted storage.
(iv) The total number of firearms transferred via legal sale.
(f) The number of orders received from the court stating that firearms shall be returned to the transferor pursuant to Article 1003(D)(2).
(2) The sheriff shall submit a report to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice regardless of whether the sheriff is able to complete a firearm transfer pursuant to Subparagraph (1) of this Paragraph.
B. Not later than January 1, 2023, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall create and distribute a standardized form for use by the sheriff of each parish to use to report all aggregate data fields required by Paragraph A of this Article. The form shall not contain any identifying information of the person who possesses the firearm and shall only contain numerical data provided in Paragraph A of this Article.
C. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall identify a single point of contact or web portal to which each sheriff shall submit the completed form created pursuant to Paragraph B of this Article.
D. The sheriff of each parish shall submit the completed form to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice no later than January thirty-first of each calendar year. Each form shall contain the aggregate data for each of the items listed in Paragraph A of this Article for the prior calendar year.
E. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall publish the data collected from the sheriff of each parish pursuant to Paragraph D of this Article to the commission’s public website by February twenty-eighth of each calendar year.
F. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall submit a report containing the information received pursuant to Paragraph D of this Article to the House Committee on Administration of Criminal Justice and the Senate Committee on Judiciary C no later than March first of each calendar year.
Acts 2022, No. 484, §1.