Senate Bill No. 212, introduced by Senator Duplessis, seeks to improve public safety by enabling the seizure of firearms from individuals identified as posing an imminent risk of harm to themselves or others. The bill introduces a new provision in the Code of Criminal Procedure, specifically Article 168, which allows district attorneys to petition the court for a warrant to search for and seize firearms if there is probable cause to believe the individual poses a risk and owns firearms located in a specified area. The district attorney is required to conduct an independent investigation before filing the petition and cannot proceed if reasonable alternatives to prevent harm are available.

The legislation outlines a structured process for the issuance and execution of the warrant, including a hearing within seven days of the seizure to determine the fate of the firearms. The state must prove by clear and convincing evidence that the individual poses a risk of imminent harm. If the court rules in favor of the state, it can prohibit the individual from possessing firearms for up to one year, with options for modification or extension of this order. The bill also mandates prompt execution of warrants, provision of written inventories of seized firearms, and notification of the right to a hearing. Additionally, it includes provisions for reporting to the National Instant Criminal Background Check System and allows for the transfer of seized firearms to another eligible person under certain conditions. The law is set to take effect on August 1, 2023.