Louisiana House Bill HB5

Louisiana 2013 Regular Session

• Introduced: 4/8/13
• Refer: 4/8/13
• Report Pass: 4/17/13
• Engrossed: 4/24/13
• Refer: 4/25/13
• Report Pass: 5/7/13

Caption

Prohibits the enforcement of federal restrictions regarding the ownership or possession of semi-automatic firearms

Impact

The passage of HB 5 would have significant implications for gun ownership laws in Louisiana by asserting state sovereignty over federal regulations concerning firearms. This legislation aims to safeguard individual rights, ensuring that residents of Louisiana retain the ability to possess semi-automatic firearms without interference from federal mandates that may be viewed as overreaching. By establishing penalties for federal agents attempting to enforce such laws, the bill attempts to create a legal barrier against federal authority in this domain.

Summary

House Bill 5, known as the Louisiana Preservation of Individual Gun Rights of Citizens Act, prohibits the enforcement of federal laws, rules, regulations, or executive orders aimed at banning or restricting the ownership or possession of semi-automatic firearms within the state of Louisiana. Specifically, any federal legislation enacted after January 1, 2013, that attempts to limit these firearms or impose registration requirements would be rendered unenforceable in Louisiana. The bill reflects the state's commitment to uphold the constitutional right to bear arms as recognized by both state and federal mandates.

Sentiment

The sentiment surrounding HB 5 is largely positive among pro-gun advocates and conservative lawmakers who argue that the bill is essential for protecting Second Amendment rights. However, there are concerns among opponents, particularly from gun control advocates and some legal experts, who view the bill as an undermining of federal authority and a potential step towards further gun deregulation. This division indicates a broader national debate over gun control and states' rights, with strong emotions on both sides regarding the balance between individual liberties and national regulations.

Contention

Notable points of contention regarding HB 5 include the potential for conflicts between state and federal law, including the possibility of legal challenges if the federal government moves to enforce its regulations. Critics argue that the bill's enactment could lead to unsafe conditions by weakening regulations that are intended to prevent gun violence. Furthermore, there is concern that these provisions could complicate law enforcement efforts and create a perplexing legal landscape, where federal law enforcement may be restricted within state lines.