HLS 20RS-1271 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 781
BY REPRESENTATIVE MIGUEZ
WEAPONS: Provides relative to the authority to regulate the manufacture, possession, or
sale of firearms or ammunition during a declared emergency or disaster or public
health emergency
1 AN ACT
2To amend and reenact R.S. 14:329.6(C), (G), and (H)(1) and R.S. 29:724(D)(4) and (6),
3 727(F)(4) and (8), 730.3(F), 737(B)(7), 738(A), 766(D)(4) and (8), and 772, to enact
4 R.S. 14:329.6(H)(3) and R.S. 29:738(C), and to repeal R.S. 14:329.6(A)(6), relative
5 to the regulation of firearms and ammunition during a declared emergency or
6 disaster or public health emergency; to provide relative to the authority to regulate
7 the manufacture, sale, and possession of firearms and ammunition during a declared
8 emergency or disaster or public health emergency; to provide relative to the authority
9 of firearm- and ammunition-related businesses to operate during a declared
10 emergency or disaster or public health emergency; to provide relative to the authority
11 of certain officials to regulate with respect to firearms and ammunition during a
12 declared emergency or disaster or public health emergency; and to provide for
13 related matters.
14Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 14:329.6(C), (G), and (H)(1) are hereby amended and reenacted and
16R.S. 14:329.6(H)(3) is hereby enacted to read as follows:
17 §329.6. Proclamation of state of emergency; conditions therefor; effect thereof
18 * * *
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1 C. All orders promulgated pursuant to this section Section shall be executed
2 in triplicate and shall be filed with the clerk of court of the parish affected and with
3 the secretary of state of this state.
4 * * *
5 G. As used in this Section:
6 (1) "Disaster" shall have the same meaning as provided in R.S. 29:723(1)
7 R.S. 29:723.
8 (2) "Emergency" shall have the same meaning as provided in R.S. 29:723(2)
9 R.S. 29:723.
10 H.(1) The right of each citizen to keep and bear arms is fundamental and
11 shall not be infringed. Nothing in this Section shall authorize the seizure or
12 confiscation of any firearm or ammunition from any individual who is lawfully
13 carrying or possessing the firearm or ammunition except as provided in Paragraph
14 (2) of this Subsection.
15 * * *
16 (3) Firearms and ammunition manufacturers, distributors, wholesalers,
17 suppliers, and retailers are essential businesses and operations for purposes of safety
18 and security and shall not be prohibited or restricted from operating or conducting
19 business during a declared emergency or disaster.
20 Section 2. R.S. 29:724(D)(4) and (6), 727(F)(4) and (8), 730.3(F), 737(B)(7),
21738(A), 766(D)(4) and (8), and 772 are hereby amended and reenacted and R.S. 29:738(C)
22is hereby enacted to read as follows:
23 §724. Powers of the governor
24 * * *
25 D. In addition to any other powers conferred upon the governor by law, he
26 may do any or all of the following:
27 * * *
28 (4) Subject to any applicable requirements for compensation, commandeer
29 or utilize any private property if he finds this necessary to cope with the disaster or
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1 emergency. For purposes of this Paragraph, private property does not include
2 firearms, ammunition, or components of firearms or ammunition.
3 * * *
4 (6) Suspend or limit the sale, dispensing, or transportation of alcoholic
5 beverages, firearms, explosives, and combustibles, excluding those components of
6 firearm ammunition.
7 * * *
8 §727. Powers of the parish president; penalties for violations
9 * * *
10 F. In addition to any other powers conferred upon the parish president by the
11 constitution, laws, or by a home rule charter or plan of government, such authority
12 may do any or all of the following:
13 * * *
14 (4) Subject to any applicable requirements for compensation, commandeer
15 or utilize any private property if he finds this necessary to cope with the local
16 disaster. For purposes of this Paragraph, private property does not include firearms,
17 ammunition, or components of firearms or ammunition.
18 * * *
19 (8) Suspend or limit the sale, dispensing, or transportation of alcoholic
20 beverages, firearms, explosives, and combustibles, excluding those components of
21 firearm ammunition.
22 * * *
23 §730.3. Evacuations and curfews
24 * * *
25 F. During a declared disaster or state of emergency, the parish president may
26 in the proclamation for evacuation or a separate proclamation impose a curfew
27 prohibiting anyone who is not designated as essential workforce or critical workforce
28 to be on a public street or place. The curfew may be for the entire parish or for
29 certain areas of the parish, and the curfew may be for an unlimited period of time or
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1 may be for certain periods of time during each twenty-four-hour period. The
2 proclamation shall specify the geographical area or areas and the period during each
3 twenty-four-hour period to which the curfew applies. The proclamation imposing
4 a curfew may regulate and close places of amusement and assembly, and prohibit the
5 sale and distribution of alcoholic beverages, and regulate and control, subject to the
6 provisions of R.S. 29:738, the possession, storage, display, sale, transport, and use
7 of firearms and other dangerous weapons and ammunition.
8 * * *
9 §737. Municipalities; authority to respond to emergencies
10 * * *
11 B. As used in this Section, "emergency response measures" includes, but is
12 not limited to, any or all of the following:
13 * * *
14 (7) Suspending or limiting the sale, dispensing, or transportation of alcoholic
15 beverages, firearms, explosives, and combustibles, excluding those components of
16 firearm ammunition.
17 * * *
18 §738. Emergency powers do not extend to confiscation or seizure of lawfully
19 possessed or used firearms, weapons, or ammunition; exceptions
20 A. The right of each citizen to keep and bear arms is fundamental and shall
21 not be infringed. Nothing in this Chapter shall authorize the seizure or confiscation
22 of any firearm or ammunition from any individual who is lawfully carrying or
23 possessing the firearm or ammunition except as provided in Subsection B of this
24 Section.
25 * * *
26 C. Firearms and ammunition manufacturers, distributors, wholesalers,
27 suppliers, and retailers are essential businesses and operations for purposes of safety
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1 and security and shall not be prohibited or restricted from operating or conducting
2 business during a declared emergency or disaster.
3 * * *
4 §766. Declaration of a state of public health emergency
5 * * *
6 D. Emergency powers.
7 During a state of public health emergency, in addition to any powers
8 conferred upon the governor by law, he may do any or all of the following:
9 * * *
10 (4) Subject to any applicable requirements for compensation, commandeer
11 or utilize any private property if he finds this necessary to cope with the disaster or
12 emergency. For purposes of this Paragraph, private property does not include
13 firearms, ammunition, or components of firearms or ammunition.
14 * * *
15 (8) Suspend or limit the sale, dispensing, or transportation of alcoholic
16 beverages, firearms, explosives, and combustibles, excluding those components of
17 firearm ammunition.
18 * * *
19 §772. Exclusion
20 R.S. 29:736 and 738 shall apply to this Chapter.
21 Section 3. R.S. 14:329.6(A)(6) is hereby repealed in its entirety.
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 781 Engrossed 2020 Regular Session Miguez
Abstract: Provides relative to the authority to regulate the manufacture, sale, and
possession of firearms or ammunition during a declared emergency or disaster or
public health emergency.
Present law authorizes the governor (R.S. 29:724 and 766), the parish president (R.S.
29:727), the chief executive officer of a municipality (R.S. 29:737), and the chief law
enforcement officer of the political subdivision (R.S. 14:329.6) during a declared
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emergency, disaster, or public health emergency to suspend or limit the sale, dispensing, or
transportation of firearms or combustibles.
Present law (R.S. 29:730.3) further authorizes the governor and the parish president during
a declared disaster or emergency to issue a proclamation for evacuation or for the imposition
of a curfew which may include the regulation and control of the possession, storage, display,
sale, transport, and use of firearms and other dangerous weapons and ammunition.
Proposed law removes the authority of the governor, the parish president, the chief executive
officer of a municipality, and the chief law enforcement officer of the political subdivision
from regulating the sale, dispensing, or transportation of firearms, and provides that the
authority to regulate the sale, dispensing, or transportation of combustibles does not apply
to those component parts of ammunition.
Proposed law removes the authority for a proclamation for the imposition of a curfew to
include the regulation and control of the possession, storage, display, sale, transport, and use
of firearms and other dangerous weapons and ammunition.
Present law authorizes the governor (R.S. 29:724 and 766) and parish presidents (R.S.
29:727), subject to applicable requirements for compensation, to commandeer or utilize any
private property if he finds this necessary to cope with the disaster, emergency, or public
health emergency.
Proposed law retains present law but provides that for these purposes private property does
not include firearms, ammunition, or components of firearms or ammunition.
Present law (R.S. 14:329.6 and R.S. 29:738) provides that the emergency powers of these
individuals do not authorize the seizure or confiscation of any firearm or ammunition from
any individual who is lawfully carrying or possessing the firearm or ammunition. However,
present law provides that a peace officer who is acting in the lawful discharge of the officer's
official duties may disarm an individual if the officer reasonably believes it is immediately
necessary for the protection of the officer or another individual.
Proposed law retains present law and adds that, as provided in the present constitution, the
right of each citizen to keep and bear arms is fundamental and shall not be infringed, and
further provides that firearms and ammunition manufacturers, distributors, wholesalers,
suppliers, and retailers are essential businesses and operations for purposes of safety and
security and shall not be prohibited or restricted from operating or conducting business
during a declared disaster or emergency.
Proposed law further provides that the present law (R.S. 29:738) provisions prohibiting the
seizure of lawfully possessed firearms or ammunition, and the authority of law enforcement
to disarm individuals under certain circumstances, during a declared emergency or disaster
shall apply also to declared public health emergencies.
(Amends R.S. 14:329.6(C), (G), and (H)(1) and R.S. 29:724(D)(4) and (6), 727(F)(4) and
(8), 730.3(F), 737(B)(7), 738(A), 766(D)(4) and (8), and 772; Adds R.S. 14:329.6(H)(3) and
R.S. 29:738(C); Repeals R.S. 14:329.6(A)(6))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Add that the governor's and parish president's authority to commandeer or utilize
private property during a declared disaster or emergency or public health
emergency does not apply to firearms, ammunition, or components of firearms
or ammunition.
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HB NO. 781
2. With regard to declared public health emergencies, remove the governor's
authority to suspend or limit the sale, dispensing, or transportation of firearms
and provide that the governor's authority to suspend or limit the sale, dispensing,
or transportation of explosives and combustibles does not apply to components
of firearms ammunition.
3. Provide that present law provisions prohibiting the seizure of lawfully possessed
firearms or ammunition during a declared emergency or disaster shall apply also
to declared public health emergencies.
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