Louisiana 2020 2020 Regular Session

Louisiana House Bill HB140 Engrossed / Bill

                    HLS 20RS-237	ENGROSSED
2020 Regular Session
HOUSE BILL NO. 140
BY REPRESENTATIVE MIGUEZ
WEAPONS:  Provides relative to the preemption of state law for firearms
1	AN ACT
2To amend and reenact R.S. 40:1796(A), relative to the regulation of firearms; to provide
3 relative to the authority of political subdivisions to regulate the sale, purchase,
4 possession, ownership, transfer, transportation, license, or registration of firearms; 
5 and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 40:1796(A) is hereby amended and reenacted to read as follows: 
8 ยง1796.  Preemption of state law
9	A.  No governing authority of a political subdivision shall enact after July 15,
10 1985, any ordinance or regulation more restrictive than state law concerning in any
11 way the sale, purchase, possession, ownership, transfer, transportation, license, or
12 registration of firearms, ammunition, or components of firearms or ammunition;
13 however, this Section shall not apply to the levy and collection of sales and use
14 taxes, license fees and taxes and permit fees, nor shall it affect the authority of
15 political subdivisions to prohibit the possession of a weapon or firearm in certain
16 commercial establishments and public buildings.
17	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-237	ENGROSSED
HB NO. 140
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)]
HB 140 Engrossed 2020 Regular Session	Miguez
Abstract:  Provides relative to the authority of a political subdivision to enact regulations
or ordinances related to firearms.
Present law limits a political subdivision's authority to enact certain ordinances or
regulations involving firearms.  In this regard, present law prohibits a governing authority
of a political subdivision from enacting any ordinance or regulation that is 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. 
However, present law further provides that this provision of present law does not apply to
the authority of political subdivisions to prohibit the possession of a weapon or firearm in
certain commercial establishments and public buildings.
Proposed law removes this exception from present law, prohibiting any governing authority
of a political subdivision from enacting any ordinance or regulation that is more restrictive
than state law concerning the possession of a weapon or firearm in certain commercial
establishments and public buildings.
(Amends R.S. 40:1796(A))
Page 2 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.