ENROLLED
ACT No. 325
2020 Regular Session
HOUSE BILL NO. 781
BY REPRESENTATIVES MIGUEZ, AMEDEE, BACALA, BEAULLIEU, BUTLER,
CARRIER, ROBBY CARTER, CORMIER, COUSSAN, DESHOTEL, DEVILLIER,
DUBUISSON, EDMONDS, EDMONSTON, EMERSON, FARNUM, FIRMENT,
FRIEMAN, GAROFALO, HARRIS, HORTON, MIKE JOHNSON, TRAVIS
JOHNSON, MCCORMICK, MCKNIGHT, MINCEY, CHARLES OWEN,
ROBERT OWEN, RISER, ROMERO, SCHAMERHORN, THOMAS, WHEAT,
AND WRIGHT
1 AN ACT
2 To 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 declare certain firearm- and ammunition-
7 related businesses as essential; to provide relative to the authority to regulate the
8 manufacture, sale, and possession of firearms and ammunition during a declared
9 emergency or disaster or public health emergency; to provide relative to the authority
10 of firearm- and ammunition-related businesses to operate during a declared
11 emergency or disaster or public health emergency; to provide relative to the authority
12 of certain officials to regulate with respect to firearms and ammunition during a
13 declared emergency or disaster or public health emergency; and to provide for
14 related matters.
15 Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 14:329.6(C), (G), and (H)(1) are hereby amended and reenacted and
17 R.S. 14:329.6(H)(3) is hereby enacted to read as follows:
18 §329.6. Proclamation of state of emergency; conditions therefor; effect thereof
19 * * *
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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 and shooting ranges are essential businesses and operations
18 for purposes of safety and security and shall not be prohibited or restricted from
19 operating or conducting 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),
21 738(A), 766(D)(4) and (8), and 772 are hereby amended and reenacted and R.S. 29:738(C)
22 is 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
30 may be for certain periods of time during each twenty-four-hour period. The
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1 proclamation shall specify the geographical area or areas and the period during each
2 twenty-four-hour period to which the curfew applies. The proclamation imposing
3 a curfew may regulate and close places of amusement and assembly, and prohibit the
4 sale and distribution of alcoholic beverages, and regulate and control, subject to the
5 provisions of R.S. 29:738, the possession, storage, display, sale, transport, and use
6 of firearms and other dangerous weapons and ammunition.
7 * * *
8 §737. Municipalities; authority to respond to emergencies
9 * * *
10 B. As used in this Section, "emergency response measures" includes, but is
11 not limited to, any or all of the following:
12 * * *
13 (7) Suspending or limiting the sale, dispensing, or transportation of alcoholic
14 beverages, firearms, explosives, and combustibles, excluding those components of
15 firearm ammunition.
16 * * *
17 §738. Emergency powers do not extend to confiscation or seizure of lawfully
18 possessed or used firearms, weapons, or ammunition; exceptions
19 A. The right of each citizen to keep and bear arms is fundamental and shall
20 not be infringed. Nothing in this Chapter shall authorize the seizure or confiscation
21 of any firearm or ammunition from any individual who is lawfully carrying or
22 possessing the firearm or ammunition except as provided in Subsection B of this
23 Section.
24 * * *
25 C. Firearms and ammunition manufacturers, distributors, wholesalers,
26 suppliers, and retailers and shooting ranges are essential businesses and operations
27 for purposes of safety and security and shall not be prohibited or restricted from
28 operating or conducting business during a declared emergency or disaster.
29 * * *
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1 §766. Declaration of a state of public health emergency
2 * * *
3 D. Emergency powers.
4 During a state of public health emergency, in addition to any powers
5 conferred upon the governor by law, he may do any or all of the following:
6 * * *
7 (4) Subject to any applicable requirements for compensation, commandeer
8 or utilize any private property if he finds this necessary to cope with the disaster or
9 emergency. For purposes of this Paragraph, private property does not include
10 firearms, ammunition, or components of firearms or ammunition.
11 * * *
12 (8) Suspend or limit the sale, dispensing, or transportation of alcoholic
13 beverages, firearms, explosives, and combustibles, excluding those components of
14 firearm ammunition.
15 * * *
16 §772. Exclusion
17 R.S. 29:736 and 738 shall apply to this Chapter.
18 Section 3. R.S. 14:329.6(A)(6) is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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