RÉSUMÉ DIGEST
ACT 325 (HB 781) 2020 Regular Session Miguez
Prior law authorized 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 emergency, disaster, or
public health emergency to suspend or limit the sale, dispensing, or transportation of firearms
or combustibles.
Prior law (R.S. 29:730.3) further authorized 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.
New 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.
New 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.
Existing 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.
New law provides that for these purposes private property does not include firearms,
ammunition, or components of firearms or ammunition.
Existing 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,
existing 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.
New law adds that, as provided in the existing 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 and
shooting ranges 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.
New law further provides that existing 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.
Effective Aug. 1, 2020.
(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))