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 865 Original 2020 Regular Session Amedee
Abstract: Provides relative to the authority to regulate the manufacture, sale, and possession of
firearms or ammunition during a declared emergency or disaster.
Present law authorizes the governor (R.S. 29:724), 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 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 (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 nothing in present or proposed law prohibits firearms
and ammunition manufacturers, distributors, wholesalers, suppliers, and retailers from operating or
conducting business during a declared disaster or emergency.
(Amends R.S. 14:329.6(C) and (G) and R.S. 29:724(D)(6), 727(F)(8), 730.3(F), and 737(B)(7); Adds
R.S. 14:329.6(H)(3) and R.S. 29:738(C); Repeals R.S. 14:329.6(A)(6))