GREEN SHEET REDIGEST
HB 43 2022 Regular Session Frieman
WEAPONS/FIREARMS: Provides relative to enforcement of federal firearm laws
DIGEST
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 collected 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 a person or official who violates proposed law shall be liable to
the injured party in an action authorized by 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.
Page 1 of 2
Prepared by Alan Miller. 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 special assignment of civil cases pursuant to the Uniform Rules of La. Courts
of Appeal.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1821-1825)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
engrossed bill
1. Makes technical changes
2. Changes the definition of "law-abiding citizen" to mean a person who is not
prohibited from possessing a firearm under and state and federal law and
removes statutory construction provision from the definition.
Page 2 of 2
Prepared by Alan Miller.