Louisiana House Bill HB290

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12

Caption

With certain exceptions, reserves regulation of firearms, firearm accessories, and ammunition and related matters to the state and preempts local regulation (OR SEE FISC NOTE)

Impact

If enacted, HB290 will void any local regulations that conflict with this state preemption. Political subdivisions, which include counties and municipalities, will no longer have the authority to enact ordinances governing the sale, possession, or regulation of firearms that exceed state law. Exceptions are noted for certain taxation and laws allowing local governments to prohibit weapon possession in specific public areas, but the bill limits this power significantly. Enforcement mechanisms for violations include heavy penalties for local officials who enact conflicting regulations, reinforcing state dominance over local governance in this area.

Summary

House Bill 290 aims to assert state authority over the regulation of firearms, firearm accessories, and ammunition, declaring these matters solely the domain of the state. The bill seeks to preempt any local government ordinances that are more restrictive than state law, thereby ensuring uniformity across Louisiana in gun-related regulations. This approach intends to bolster the protection of gun owners' rights as recognized by both the U.S. Constitution and the Louisiana state constitution. The bill emphasizes that its provisions should be construed broadly to further its purpose.

Sentiment

The sentiment surrounding HB290 appears quite polarized. Supporters argue that the bill is a necessary measure to protect Second Amendment rights, ensuring individuals’ abilities to own firearms without unnecessary local restrictions. They highlight the need for consistency in firearm regulations across different jurisdictions to facilitate lawful ownership and commerce. Conversely, opponents express concern that the bill undermines local autonomy and disregards community-specific needs, particularly in areas with unique public safety concerns. This division reflects broader national debates around gun control and local governance.

Contention

Notable points of contention regarding HB290 include its implications for local governance, the extent of state control over firearm regulations, and the balance between public safety and individual rights. Critics argue that removing local governments' ability to address specific safety issues leaves communities vulnerable, especially in areas disproportionately affected by gun violence. They are particularly concerned about the bill's preemption of local initiatives designed to enhance safety and respond to public demands for regulation. The potential for civil penalties against local officials for enforcing stricter regulations adds a layer of complexity and legal ramifications that could dissuade localities from attempting to address their unique firearm-related challenges.