2016 QUICK REFERENCE GUIDE TO FIREARMS PROHIBITIONS – Civil Orders of Protection
WHEN DO STATE AND/OR FEDERAL FIREARMS PROHIBITIONS APPLY?
Law
Relationship Required
La. Civil orders of protection:
Firearms
prohibition LPOR 3 and 3-R (Protective Order)
La. R.S. 46:2131
- Box A (1, 2, 4, 5, or 6) or Box B (2, 3, or 4)
under:
et seq.
Domestic Abuse
Assistance Act
La. R.S. 46:2151
Protection from
Dating Violence
Act
La. Children’s
Code Art. 1564 et
seq.
Domestic Abuse
Assistance Act
Rev. October 2015
STATE
La. R.S.
46:2136.3
Protective
Order
FEDERAL
18 U.S.C.
922(g)(8)
Notice and
Opportunity for
Hearing
Behavior
prohibited
Duration of
prohibition
Type of firearm
Protective Order only
LPOR 3 and 3-R
- Box E (1)
finding of credible threat
N/A
length of time
order is in effect
– up to 18
months; but some
relief may be
non-expiring
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
LPOR 3 and 3-R
- Box D
actual notice &
opportunity to participate
in hearing provided to
defendant
LPOR 3 and 3-R
- Box E (1 or 2)
finding of credible threat
OR
certain behavior
prohibited (see next
column)
LPOR 3 and 3-R
- item #1
order prohibits
use, attempted
use or threatened
use of physical
force
length of time
order is in effect;
some relief may
be non-expiring
any weapon (including a starter gun)
which will or is designed to or may
readily be converted to expel a projectile
by the action of an explosive; the frame
or receiver of any such weapon; any
firearm muffler or firearm silencer; or any
destructive device; does not include an
antique firearm
current or former spouse; current or former intimate
cohabitant of opposite sex; child, stepchild, or foster
child; child of defendant’s current or former intimate
partner; parent, stepparent, foster parent;
grandparent; grandchild, or defendant and protected
person have child(ren) in common
LPOR 3 and 3-R (Protective Order)
- Box A (any relationship listed)
current or former spouse; current or former intimate
cohabitant of opposite sex; current or former
intimate cohabitant of same sex; child, stepchild, or
foster child; child of defendant’s current or former
intimate partner; protected person and defendant
have a child in common
Finding
Louisiana Protective Order Registry
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Law
Relationship Required
La. Civil orders of protection
PSFVRA - LPOR 9 and 9-R
Firearms
prohibition - Box A
spouse; former spouse; child; protected person and
under:
Notice and Opportunity
for Hearing
La. R.S. 9:372
Spousal
Injunction
against abuse
(SIAA) (filed in
conjunction with
a divorce)
La. Code of Civil
Procedure Art.
3601 et seq.
Injunction (Inj)
(“generic”
restraining order)
STATE
La. R.S.
46:2136.3
Permanent
Injunction
N/A
permanent
SIAA - LPOR 9 and 9-R
- Box A
spouse; child; stepchild
SIAA - LPOR 9 and 9-R
- Permanent injunction only
SIAA - LPOR 9 and 9-R
- Box D
finding of credible threat
N/A
permanent
Inj - LPOR 13
- Box A (1, 2, 4, 5, or 6) or Box B (2, 3, or 4)
Inj - LPOR 13
- Permanent injunction only
Inj - LPOR 13
- Box F
finding of credible threat
N/A
permanent
PSFVRA - LPOR 9 and 9-R
- Box A
spouse; former spouse; child; has a child in common
with defendant
PSFVRA - LPOR 9 and 9-R
- Box C
actual notice and opportunity
to participate provided to
defendant
PSFVRA - LPOR 9 and 9-R
- Box D
finding of credible threat
OR certain behavior prohibited
(see next column)
permanent
SIAA - LPOR 9 and 9-R
- Box A
spouse; child; stepchild
SIAA - LPOR 9 and 9-R
- Box C
actual notice and opportunity
to participate provided to
defendant
SIAA - LPOR 9 and 9-R
- Box D
finding of credible threat
OR certain behavior prohibited
(see next column)
Inj - LPOR 13
- Box A (any relationship listed)
Inj - LPOR 13
- Box E
actual notice and opportunity
to participate provided to
defendant
Inj - LPOR 13
- Box F or G
finding of credible threat by
defendant, OR certain behavior
prohibited (see next column)
PSFVRA - LPOR 9 and 9R
- item #1
order prohibits use,
attempted use or
threatened use of physical
force
SIAA – LPOR 9 and 9-R
- item #1
order prohibits use,
attempted use or
threatened use of physical
force
Inj - LPOR 13
- item #1
order prohibits use,
attempted use or
threatened use of physical
force
current or former spouse; current or former intimate cohabitant
of opposite sex; current or former intimate cohabitant of same
sex; child, stepchild, or foster child; child of defendant’s
current or former intimate partner; protected person and
defendant have child(ren) in common
Rev. October 2015
Duration of
prohibition
PSFVRA - LPOR 9 and 9-R
- Box D
finding of credible threat
current or former spouse; current or former intimate cohabitant
of opposite sex; child, stepchild, or foster child; child of
defendant’s current or former intimate partner; parent,
stepparent, foster parent; grandparent; grandchild; protected
person and defendant have child(ren) in common
FEDERAL
18 U.S.C.
922(g)(8)
Behavior prohibited
PSFVRA - LPOR 9 and 9-R
- Permanent injunction only
defendant have a child in common
La. R.S. 9:361 et
seq.
Post Separation
Family Violence
Relief Act
(PSFVRA)
Finding
Louisiana Protective Order Registry
permanent
permanent
Type of firearms
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
any weapon
(including a starter
gun) which will or is
designed to or may
readily be converted
to expel a projectile
by the action of an
explosive; the frame
or receiver of any
such weapon; any
firearm muffler or
firearm silencer; or
any destructive
device. Does not
include an antique
firearm
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