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 43 Original 2022 Regular Session Frieman
Abstract: Creates the Louisiana Firearm Protection Act; provides for definitions; provides relative
to infringements on a citizen's right to keep and bear arms; provides for application of the
Act; and specifies who has a right of action.
Proposed law provides definitions for the following terms: "detachable firearm magazine",
"firearm", "firearm accessory", and "law-abiding citizen".
Proposed law provides that federal regulation infringes on a citizen's right to keep and bear arms
when the following occurs, but is not limited to:
(1)Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not
common to all other goods and services that may reasonably be expected to create a chilling
effect on the purchase or ownership of those items by law-abiding citizens. Excise taxes
colleted pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.)
are excluded from this prohibition.
(2)Any registering or tracking of firearms, firearm accessories, or ammunition that may
reasonably be expected to create a chilling effect on the purchase or ownership of those items
by law-abiding citizens.
(3)Any registering or tracking of the owners of the firearms, firearm accessories, or ammunition
that may reasonably be expected to create a chilling effect on the purchase or ownership of
those items by law-abiding citizens.
(4)Any act forbidding the possession, ownership, or use or transfer of a firearm, firearm
accessory, or ammunition by law-abiding citizens.
(5)Any act ordering the confiscation of firearms, firearm accessories, or ammunition from
law-abiding citizens.
Proposed law provides that a federal action infringing upon a citizen's right to keep and bear arms
shall be held invalid and of no effect in this state, regardless if enacted after Jan. 1, 2022.
Proposed law specifies that proposed law is applicable to any employee or official of the state or a
political subdivision. Proposed law prohibits any employee or official described in proposed law from the following when
such regulation does not exist under La. law:
(1)Adopting a rule, order, ordinance, or policy under which the entity explicitly or through
consistent overt action enforces a federal regulation that purports to regulate a firearm,
firearm accessory, or ammunition.
(2)Enforcing or assisting in the enforcement of any federal act, law, order, rule, or regulation
as provided by proposed law.
(3)Utilizing any assets, state funds, or funds allocated by the state to local entities to engage in
any activity that aids in federal regulation regarding a firearm, firearm accessory, or
ammunition.
Proposed law provides that an employee or official who violates proposed law shall be liable to the
injured party in an action at law or other proceeding for redress, and proposed law allows the court
to award the prevailing party, other than the state or any political subdivision, reasonable attorney
fees and costs.
Proposed law prohibits a political subdivision from receiving grant funds from the state if the
political subdivision violates proposed law.
Proposed law further specifies that grant funds shall be denied for the fiscal year following the year
in which the final judicial determination has been made in an action brought under proposed law
determining that the entity has violated proposed law.
Proposed law specifies that an appeal of a suit brought under proposed law is governed by
procedures for expedited appeals in civil cases pursuant to Rule 2-11.2 of the Uniform Rules of La.
Courts of Appeals.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1813-1817)