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Regular Session, 2012
HOUSE BILL NO. 290
BY REPRESENTATIVE HENRY
WEAPONS/FIREARMS: With certain exceptions, reserves regulation of firearms, firearm
accessories, and ammunition and related matters to the state and preempts local
regulation
AN ACT1
To amend and reenact R.S. 40:1796, relative to regulation of firearms, firearm accessories,2
and ammunition and related matters; to reserve such regulation to the state, with3
certain exceptions; to provide for purpose and intent; to provide definitions; to4
provide exceptions; to provide for enforcement and penalties for violations; to5
provide for applicability and effectiveness; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1796 is hereby amended and reenacted to read as follows: 8
ยง1796. Preemption of state law local regulation of firearms, firearm accessories, and9
ammunition; regulation reserved to state10
A. No governing authority of a political subdivision shall enact after July 15,11
1985, any ordinance or regulation more restrictive than state law concerning in any12
way the sale, purchase, possession, ownership, transfer, transportation, license, or13
registration of firearms, ammunition, or components of firearms or ammunition;14
however, Purpose and intent. The purpose of this Section is to establish state15
control over firearms, firearm accessories, and ammunition regulation and policy in16
order to ensure that such regulation and policy is applied uniformly throughout this17
state to each person subject to the state's jurisdiction and to ensure protection of the18
right to keep and bear arms recognized by the Constitution of the United States and19 HLS 12RS-531 ORIGINAL
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the Constitution of Louisiana. This Section shall be liberally construed to effectuate1
its purposes.2
B. Definitions. As used in this Section:3
(1) "Ammunition" means fixed cartridge ammunition, shotgun shells, the4
individual components of fixed cartridge ammunition and shotgun shells, projectiles5
for muzzleloading firearms, and any propellant used in firearms or ammunition.6
(2) "Firearm accessory" means a device specifically adapted to enable the7
wearing or carrying about one's person, or the storage or mounting in or on a8
conveyance, of a firearm, magazine, clip, or ammunition, or an attachment or device9
specifically adapted to be inserted into or affixed onto a firearm to enable, alter, or10
improve the functioning or capabilities of the firearm.11
(3) "Firearm" means a pistol, revolver, rifle, shotgun, machine gun,12
submachine gun, or black powder weapon which is designed to, capable of, or may13
be readily converted to expel a projectile by the action of an explosive or compressed14
gas.15
(4) "Person adversely affected" means a person who meets all of the16
following criteria:17
(a) Lawfully resides or is incorporated within the United States.18
(b) Can legally possess a firearm under the laws of Louisiana.19
(c) Either of the following:20
(i) Would be subject to the ordinance, measure, enactment, rule, resolution,21
motion, or policy at issue if the person were present within the jurisdictional22
boundaries of the enacting political subdivision, regardless of whether such person23
works or resides in such political subdivision.24
(ii) Is a membership organization that includes as a member a person25
described in Subparagraphs (a) and (b) and Item (i) of this Subparagraph and that is26
dedicated in whole or in part to protecting the legal or constitutional rights of its27
members.28 HLS 12RS-531 ORIGINAL
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(5) "Political subdivision" means a parish, municipality, and any other unit1
of local government, including a school board and a special district, authorized by2
law to perform governmental functions.3
C. Regulation reserved to state. Except as otherwise provided in this4
Section, the regulation of all of the following is hereby declared to be the exclusive5
domain of the state:6
(1) Firearms, firearm accessories, and ammunition.7
(2) The ownership, possession, use, discharge, carrying, transportation,8
registration, transfer, and storage of firearms, firearm accessories, and ammunition.9
(3) Commerce in and taxation of firearms, firearm accessories, and10
ammunition.11
(4) Any other matter pertaining to firearms, firearm accessories, and12
ammunition.13
D. Regulations in violation void. An ordinance, measure, enactment, rule,14
resolution, motion, or policy adopted by a political subdivision, or an official action15
including any action taken in any legislative, police power, or proprietary capacity,16
taken by an employee or agent of a political subdivision in violation of this Section17
is void.18
E. Exceptions. (1) this This Section shall not apply to the levy and19
collection of sales and use taxes, license fees, and taxes and permit fees, nor shall it20
affect the authority of political subdivisions to prohibit the possession of a weapon21
or firearm in certain commercial establishments and public buildings.22
B.(2)(a) Nothing in this Section shall prohibit a local governing authority in23
a high-risk area from developing a plan with federally licensed firearms24
manufacturers, dealers, or importers to secure the inventory of firearms and25
ammunition of those licensees in order to prevent looting of the licensee's premises26
during a declared state of emergency or disaster. Such plan shall be renewed on a27
periodic basis. The information contained in the plan shall be deemed security28
procedures as defined in R.S. 44:3.1 and shall be released only to the sheriffs of the29 HLS 12RS-531 ORIGINAL
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parishes or police chiefs of municipalities in which the declared state of emergency1
or disaster exists.2
C.(b) For the purposes of this Section Paragraph:3
(1)(i) "Declared emergency or disaster" means an emergency or disaster4
declared by the governor or parish president pursuant to the provisions of the5
Louisiana Homeland Security and Emergency Assistance and Disaster Act.6
(2)(ii) "High-risk area" means the parishes of Assumption, Calcasieu,7
Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St.8
Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa,9
Terrebonne, and Vermilion.10
(3) This Section shall not prohibit any of the following:11
(a) A duly organized law enforcement agency of a political subdivision from12
promulgating and enforcing rules pertaining to firearms, firearm accessories, or13
ammunition issued to or used by peace officers in the course of their official duties.14
(b) Subject to R.S. 32:292.1, an employer from regulating or prohibiting an15
employee's carrying or possession of firearms, firearm accessories, or ammunition16
during and in the course of the employee's official duties.17
(c) A court or administrative law judge from hearing and resolving a case or18
controversy or issuing an opinion or order on a matter within its jurisdiction.19
(d) The enactment or enforcement of a generally applicable zoning or20
business ordinance that includes firearms businesses along with other businesses,21
provided that an ordinance designed or enforced to effectively restrict or prohibit the22
sale, purchase, transfer, manufacture, or display of firearms, firearm accessories, or23
ammunition that is otherwise lawful under the laws of this state is in conflict with24
this Section and is void.25
(4) This Section shall not be applicable to and shall not affect the following26
provisions of law which shall remain in effect: R.S. 14:329.6, R.S. 29:727, 730.3,27
737, and 738, R.S. 33:120 and 4879, and R.S. 40:1799.28
F. Violations, penalties, and enforcement. Any political subdivision or29
employee or agent of a political subdivision that violates this Section by enacting,30 HLS 12RS-531 ORIGINAL
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otherwise making effective, or causing to be enforced any ordinance, measure,1
enactment, rule, resolution, motion, or policy that regulates firearms, firearms2
accessories, or ammunition in violation of this Section shall be liable as provided in3
this Subsection.4
(1) If a political subdivision violates this Section, the court shall declare the5
ordinance, measure, enactment, rule, resolution, motion, or policy invalid and issue6
a permanent injunction against the political subdivision prohibiting it from enforcing7
such ordinance, measure, enactment, rule, resolution, motion, or policy. It shall be8
no defense that in enacting, otherwise making effective, or causing the enforcement9
of the ordinance, measure, enactment, rule, resolution, motion, or policy, the local10
government was acting in good faith or upon advice of counsel.11
(2) If the court determines that a violation was knowing and willful, the court12
shall assess a civil fine of up to five thousand dollars against the local government13
official or officials or administrative agency head under whose jurisdiction the14
violation occurred.15
(3) Except as required by applicable law, public funds may not be used to16
defend or reimburse the unlawful conduct of any person found to have knowingly17
and willfully violated this Section.18
(4) A knowing and willful violation of this Section by a person acting in an19
official capacity for any entity enacting, making effective, or causing to be enforced20
an ordinance, measure, enactment, rule, resolution, motion, or policy prohibited by21
this Section shall be cause for termination of employment or removal from office.22
(5) A person adversely affected by an ordinance, measure, enactment, rule,23
resolution, motion, or policy enacted or made effective in violation of this Section24
may file suit against any political subdivision or other responsible entity in a court25
of competent jurisdiction for declaratory and injunctive relief and for damages. A26
court shall award the prevailing plaintiff in any such suit all of the following:27
(a) Reasonable attorney fees and costs in accordance with the laws of this28
state.29 HLS 12RS-531 ORIGINAL
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(b) The greater of actual damages or liquidated damages equal to the amount1
of three times the attorney fees awarded pursuant to Subparagraph (a) of this2
Paragraph.3
G. Applicability and effectiveness. On and after August 1, 2012, this4
Section shall be applicable to any ordinance, measure, enactment, rule, resolution,5
motion, or policy in violation of this Section whether enacted or made effective by6
a political subdivision prior to or on or after August 1, 2012, and shall be applicable7
to any official action, including any action taken in any legislative, police power, or8
proprietary capacity, taken by an employee or agent of such political subdivision in9
violation of this Section on or after August 1, 2012. The penalties and remedies10
provided by Subsection F of this Section shall take effect on November 1, 2012, and11
political subdivisions shall take all action to comply fully with this Section before12
that date.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry HB No. 290
Abstract: Reserves regulation of firearms, firearm accessories, ammunition, and related
matters to the state, with certain exceptions, voids local government regulation in
violation, and provides penalties for violations.
Present law prohibits the governing authority of a political subdivision, after July 15, 1985,
from enacting any ordinance or regulation more restrictive than state law concerning in any
way the sale, purchase, possession, ownership, transfer, transportation, license, or
registration of firearms, ammunition, or components of firearms or ammunition.
Proposed law provides instead that (except for specific exceptions - see below) the
regulation of all of the following is declared to be the exclusive domain of the state:
(1)Firearms, firearm accessories, and ammunition.
(2)The ownership, possession, use, discharge, carrying, transportation, registration,
transfer, and storage of firearms, firearm accessories, and ammunition.
(3)Commerce in and taxation of firearms, firearm accessories, and ammunition.
(4)Any other matter pertaining to firearms, firearm accessories, and ammunition.
Proposed law (intent) provides that its purpose is to establish state control over firearms,
firearm accessories, and ammunition regulation and policy in order to ensure that such HLS 12RS-531 ORIGINAL
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regulation and policy is applied uniformly throughout the state to each person subject to the
state's jurisdiction and to ensure protection of the right to keep and bear arms recognized by
the U.S. Constitution and the Constitution of La. Provides that it shall be liberally construed
to effectuate its purposes.
Proposed law (definitions) defines terms, including "ammunition", "firearm", "firearm
accessory", "person adversely affected", and "political subdivision".
Proposed law (regulations in violation void) provides that an ordinance, measure, enactment,
rule, resolution, motion, or policy adopted by a political subdivision, or an official action
including actions in a legislative, police power, or proprietary capacity, taken by an
employee or agent of a political subdivision in violation of proposed law is void.
Present law (exceptions) provides that present law prohibition on ordinance or regulation
more restrictive than state law concerning the sale, purchase, possession, ownership, transfer,
transportation, license, or registration of firearms, ammunition, or components of firearms
or ammunition does not apply to the levy and collection of sales and use taxes, license fees
and taxes and permit fees, and shall not affect political subdivisions' authority to prohibit
possession of a weapon or firearm in certain commercial establishments and public
buildings.
Proposed law applies present law exception to proposed law, but removes exception for
political subdivisions to prohibit possession of a weapon or firearm in certain commercial
establishments (retains authority for such prohibition in certain public buildings).
Present law provides that it does not prohibit a local governing authority in a high-risk area
from developing a plan with federally licensed firearms manufacturers, dealers, or importers
to secure licensees' firearms and ammunition inventory in order to prevent looting of
licensees' premises during a declared emergency or disaster, with periodic plan renewal.
Proposed law makes present law exception applicable to proposed law.
Proposed law specifies that it shall not prohibit:
(1)A duly organized law enforcement agency of a political subdivision from
promulgating and enforcing rules pertaining to firearms, firearm accessories, or
ammunition issued to or used by peace officers in the course of their official duties.
(2)An employer from regulating or prohibiting an employee's carrying or possession of
firearms, firearm accessories, or ammunition during and in the course of the
employee's official duties. (Makes this provision subject to R.S. 32:292.1, relative
to transportation and storage of firearms in privately owned motor vehicles.)
(3)A court or administrative law judge from hearing and resolving a case or controversy
or issuing an opinion or order on a matter within its jurisdiction.
(4)The enactment or enforcement of a generally applicable zoning or business
ordinance that includes firearms businesses with other businesses; however, makes
void an ordinance designed or enforced to effectively restrict or prohibit the sale,
purchase, transfer, manufacture, or display of firearms, firearm accessories, or
ammunition. HLS 12RS-531 ORIGINAL
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Present law includes these provisions relative to local government regulation of firearms,
firearms accessories, and ammunition:
Citation Relative to
R.S. 14:329.6Proclamation of state of emergency, public crisis, disaster, rioting, or
similar public emergency. Chief executive of a political subdivision,
district judge, district attorney, sheriff, or municipal public safety
director may ask the governor to declare emergency. After proclamation
chief law enforcement officer may do specified things, including
regulating and controlling possession, storage, display, sale, transport,
and use of firearms. Does not authorize seizure or confiscation of
firearms or ammunition lawfully carried or possessed, but allows a peace
officer to disarm a person if necessary to protect the officer or person.
Requires return of firearm unless person is arrested or firearm is seized
as evidence in a criminal investigation.
R.S. 29:727Concerns declaration of a state of emergency by the parish president.
Also allows a parish president to suspend or limit the sale, dispensing,
or transportation of firearms. See R.S. 29:738 below.
R.S. 29:730.3Deals with authority of a parish president to issue an evacuation order.
Also provides for proclaiming a curfew. Provides that a curfew
proclamation may regulate and control the possession storage, display,
sale, transport, and use of firearms and ammunition. Authority is subject
to R.S. 29:738. See below.
R.S. 29:737Concerns authority of chief executive officer of a municipality to
undertake emergency response measures because of a disaster or
emergency. Provides that such measures include suspending or limiting
the sale, dispensing, or transportation of firearms. See R.S. 29:738
below.
R.S. 29:738Provides that nothing in the Chapter (R.S. 29:721-739) authorizes the
seizure or confiscation of any firearm or ammunition when lawfully
carried or possessed, but allows a peace officer to disarm a person when
necessary to protect the officer or the person. Requires return of the
firearm unless the person is arrested or he seizes the firearm as evidence
related to investigation of a crime.
R.S. 33:120Authorizes parishes to zone in order to prohibit, restrict, or regulate
hunting and shooting of firearms in heavily populated areas and set
penalties for violations.
R.S. 33:4879Authorizes the city of New Orleans to institute a firearms buyback
program.
R.S. 40:1799Preempts "the governing authority of any political subdivision or local
or other governmental authority of the state" from bringing suit to
recover against any firearms or ammunition manufacturer, trade
association, or dealer for damages for injury, death, or loss or to seek
other injunctive relief resulting from or relating to the lawful design,
manufacture, marketing, or sale of firearms or ammunition. Provides
that the authority to bring such actions as may be authorized by law is
reserved exclusively to the state. Specifies that the provision does not
prohibit "the governing authority of a political subdivision or local or
other governing authority of the state" from bringing an action against
a firearms or ammunition manufacturer, trade association, or dealer for
breach of contract as to firearms or ammunition purchased by the
political subdivision or local authority of the state. HLS 12RS-531 ORIGINAL
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Proposed law retains these exceptions and makes them applicable to proposed law.
Proposed law provides that a political subdivision or employee or agent of a political
subdivision that violates proposed law by enacting, otherwise making effective, or causing
to be enforced any ordinance, measure, enactment, rule, resolution, motion, or policy that
regulates firearms, firearms accessories, or ammunition in violation of proposed law shall
be liable as follows:
(1)If a political subdivision violates proposed law, requires the court to declare the
ordinance, measure, enactment, rule, resolution, motion, or policy invalid and issue
a permanent injunction against the political subdivision prohibiting it from enforcing
such ordinance, measure, enactment, rule, resolution, motion, or policy. Provides
that it shall be no defense that in enacting, otherwise making effective, or causing the
enforcement of the ordinance, measure, enactment, rule, resolution, motion, or policy
the local government was acting in good faith or upon advice of counsel.
(2)For a knowing and willful violation, the court shall assess a civil fine of up to $5,000
against the local government official(s) or administrative agency head under whose
jurisdiction the violation occurred.
(3)Except as required by applicable law, public funds may not be used to defend or
reimburse the unlawful conduct of any person guilty of a knowing and willful
violation.
(4)A knowing and willful violation by a person acting in an official capacity for any
entity violating proposed law shall be cause for termination of employment or
removal from office.
(5)A person adversely affected by an ordinance, measure, enactment, rule, resolution,
motion, or policy in violation of proposed law may file suit against any political
subdivision or other responsible entity for declaratory and injunctive relief and for
damages. A person adversely affected includes a person who lawfully resides or is
incorporated within the U.S., can legally possess a firearm under the laws of La. and
either would be subject to the particular regulation or is a membership organization
that includes as a member such a person and that is dedicated in whole or in part to
protecting the legal or constitutional rights of its members. Requires that the court
award the prevailing plaintiff reasonable attorney fees and costs in accordance with
the state law and the greater of actual damages or liquidated damages equal to the
amount of three times such attorney fees awarded.
Proposed law is applicable on and after Aug. 1, 2012, to any ordinance, measure, enactment,
rule, resolution, motion, or policy in violation of proposed law whether enacted or made
effective by a political subdivision prior to or on or after Aug. 1, 2012, and to any official
action, including any action taken in any legislative, police power, or proprietary capacity,
taken by an employee or agent of such political subdivision in violation of proposed law on
or after Aug. 1, 2012. Provides that penalties and remedies provided by proposed law shall
take effect on Nov. 1, 2012, and political subdivisions shall take all action to comply fully
with proposed law before that date.
(Amends R.S. 40:1796)