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Regular Session, 2010
SENATE BILL NO. 152
BY SENATOR ADLEY
WEAPONS. Enacts the Louisiana Firearms Freedom Act.
AN ACT1
To enact R.S. 40:1796.1; relative to the right to keep and bear arms; to provide for firearms2
which are manufactured in Louisiana and which remain in Louisiana; to provide for3
legislative intent; to provide for definitions; to provide for prohibitions against4
certain regulations; to provide for exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1796.1 is hereby enacted to read as follows:7
§1796.1 The Louisiana Firearms Freedom Act8
A. Legislative intent and authority. The legislature declares that the9
authority for this Section is as follows:10
(1) The Tenth Amendment of the Constitution of the United States of11
America declares that "The powers not delegated to the United States by the12
Constitution, nor prohibited by it to the States, are reserved to the States13
respectively, or to the people." Issues regarding firearms were never delegated14
to the federal government by the states and, thus, are reserved to the people of15
Louisiana.16
(2) The Second Amendment of the Constitution of the United States of17 SB NO. 152
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America declares that "A well regulated Militia, being necessary to the security1
of a free State, the right of the people to keep and bear Arms, shall not be2
infringed."3
(3) The Ninth Amendment of the Constitution of the United States of4
America declares that "The enumeration in the Constitution, of certain rights,5
shall not be construed to deny or disparage others retained by the people."6
(4) Article I, Section 11 of the Constitution of Louisiana protects the7
right of each Louisiana citizen to keep and bear arms and declares that this8
right shall not be abridged.9
(5) While the Article I, Section 8 of the Constitution of the United States10
of America declares that "The Congress shall have Power To. . . regulate11
Commerce with foreign Nations, and among the several States, and with the12
Indian Tribes." The power to regulate commerce within the sovereign borders13
of Louisiana were never delegated to the federal government; therefore, only14
the state of Louisiana can regulate intrastate commerce in Louisiana.15
(6) Basic materials, such as unmachined steel and unshaped wood, are16
not firearms, firearms' accessories, or ammunition and are not subject to17
congressional authority to regulate firearms, firearms' accessories, and18
ammunition under interstate commerce as if they were actually firearms,19
firearms' accessories, or ammunition.20
(7) The authority of congress to regulate interstate commerce in basic21
materials does not include authority to regulate firearms, firearms' accessories22
and ammunition made in Louisiana from those materials.23
(8) Firearms' accessories that are imported into Louisiana from another24
state and that are subject to federal regulation as being in interstate commerce25
do not subject a firearm to federal regulation under interstate commerce26
because they are attached to or used in conjunction with a firearm in Louisiana.27
B. Definitions. As used in this Section, the following definitions shall28
apply:29 SB NO. 152
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(1) "Firearms' accessories" means items that are used in conjunction1
with or mounted upon a firearm but are not essential to the basic function of a2
firearm, including but not limited to telescopic or laser sights, magazines, flash3
or sound suppressors, folding or aftermarket stocks and grips, speedloaders,4
ammunition carriers, and lights for target illumination.5
(2) "Generic and insignificant parts" include, but are not limited to,6
springs, screws, nuts, and pins.7
(3) "Manufactured" means that a firearm, a firearm accessory, or8
ammunition has been created from basic materials for functional usefulness,9
including but not limited to forging, casting, machining, or other processes for10
working materials.11
C. Regulation over firearms.12
(1) A personal firearm, a firearm accessory, or ammunition that is13
manufactured commercially or privately in Louisiana and that remains within14
the borders of Louisiana is not subject to federal law or federal regulation,15
including registration, under the authority of congress to regulate interstate16
commerce. It is declared by the legislature that those items have not traveled17
in interstate commerce.18
(2) Generic and insignificant parts that have other manufacturing or19
consumer product applications are not firearms, firearms' accessories, or20
ammunition, and their importation into Louisiana and incorporation into a21
firearm, a firearm accessory, or ammunition manufactured in Louisiana does22
not subject the firearm, firearm accessory, or ammunition to federal regulation.23
D. Exceptions. The provisions of this Section shall not apply to any of24
the following:25
(1) A firearm that cannot be carried and used by one person.26
(2) A firearm that has a bore diameter greater than one and one-half27
inches and that uses smokeless powder, not black powder, as a propellant.28
(3) Ammunition with a projectile that explodes using an explosion of29 SB NO. 152
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chemical energy after the projectile leaves the firearm.1
(4) Other than shotguns, a firearm that discharges two or more2
projectiles with one activation of the trigger or other firing device.3
E. Marketing of firearms. A firearm manufactured or sold in Louisiana,4
pursuant to the provisions of this Section, shall have the words "Made in5
Louisiana" clearly stamped on a central metallic part of the firearm, such as the6
receiver or frame.7
F. Applicability.8
(1) This Section shall apply to a firearm, a firearm accessory, or9
ammunition that is manufactured in Louisiana from basic materials and that10
can be manufactured without the inclusion of any significant parts imported11
from another state.12
(2) This Section applies to firearms, firearms' accessories, and13
ammunition that are manufactured, pursuant to the provisions of this Section,14
and retained in Louisiana after August 15, 2010.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Proposed law provides the following legislative intent and authority:
A. The 10
th
Amendment to the U.S. Constitution declares that "The powers not
delegated to the United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people." Issues regarding firearms
were never delegated to the federal government by the states and, thus, are reserved
to the people of Louisiana.
B. The 2nd Amendment to the U.S. Constitution declares that "A well regulated Militia,
being necessary to the security of a free State, the right of the people to keep and
bear Arms, shall not be infringed."
C. The 9th Amendment of the Constitution of the United States of America declares
that "The enumeration in the Constitution, of certain rights, shall not be construed
to deny or disparage others retained by the people."
D. Article I, Section 11 of the La. Constitution protects the right of each Louisiana
citizen to keep and bear arms and declares that this right shall not be abridged.
E. While the Commerce Clause in the U.S. declares that "The Congress shall have
Power To. . . regulate Commerce with foreign Nations, and among the several States,
and with the Indian Tribes." The power to regulate commerce within the sovereign SB NO. 152
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borders of Louisiana were never delegated to the federal government; therefore, only
the state of Louisiana can regulate the intrastate commerce in Louisiana.
F.It is declared by the legislature that basic materials, such as unmachined steel and
unshaped wood, are not firearms, firearms' accessories, or ammunition and are not
subject to congressional authority to regulate firearms, firearms' accessories, and
ammunition under interstate commerce as if they were actually firearms, firearms'
accessories, or ammunition.
G. The authority of congress to regulate interstate commerce in basic materials does not
include authority to regulate firearms, firearms' accessories, and ammunition made
in Louisiana from those materials. Firearms' accessories that are imported into
Louisiana from another state and that are subject to federal regulation as being in
interstate commerce do not subject a firearm to federal regulation under interstate
commerce because they are attached to or used in conjunction with a firearm in
Louisiana.
Proposed law provides for the following definitions:
(1)"Firearms' accessories" means items that are used in conjunction with or mounted
upon a firearm but are not essential to the basic function of a firearm, including but
not limited to telescopic or laser sights, magazines, flash or sound suppressors,
folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights
for target illumination.
(2)"Generic and insignificant parts," include but is not limited, to springs, screws, nuts,
and pins.
(3)"Manufactured" means that a firearm, a firearm accessory, or ammunition has been
created from basic materials for functional usefulness, including but not limited to
forging, casting, machining, or other processes for working materials.
Proposed law provides that a personal firearm, a firearm accessory, or ammunition that is
manufactured commercially or privately in Louisiana and that remains within the borders
of Louisiana is not subject to federal law or federal regulation, including registration, under
the authority of congress to regulate interstate commerce. It is declared by the legislature
that those items have not traveled in interstate commerce.
Proposed law provides that generic and insignificant parts that have other manufacturing
or consumer product applications are not firearms, firearms' accessories, or ammunition, and
their importation into Louisiana and incorporation into a firearm, a firearm accessory, or
ammunition manufactured in Louisiana does not subject the firearm, firearm accessory, or
ammunition to federal regulation
Proposed law provides for the following exceptions:
A. A firearm that cannot be carried and used by one person.
B. A firearm that has a bore diameter greater than 1½ inches and that uses smokeless
powder, not black powder, as a propellant.
C. Ammunition with a projectile that explodes using an explosion of chemical energy
after the projectile leaves the firearm.
D. Other than shotguns, a firearm that discharges two or more projectiles with one
activation of the trigger or other firing device.
Proposed law provides that the firearm must be stamped "Made in Louisiana." SB NO. 152
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that this Section applies to a firearm, a firearm accessory, or
ammunition that is manufactured in Louisiana from basic materials and that can be
manufactured without the inclusion of any significant parts from another state.
Proposed law provides that this shall apply to firearms, firearms' accessories, and
ammunition that are manufactured in Louisiana and is retained in Louisiana after August 15,
2010.
Effective August 15, 2010.
(Adds R.S. 40:1796.1)