Louisiana 2013 Regular Session

Louisiana House Bill HB475

Introduced
4/8/13  
Introduced
4/8/13  
Refer
4/8/13  

Caption

Provides relative to civil actions against firearm manufacturers

Impact

This bill has significant implications for how laws regarding firearms are enforced in Louisiana. By consolidating the authority to pursue legal action at the state level, HB 475 may lead to a diminished capacity for local jurisdictions to respond to firearm-related incidents within their communities. The 19th Judicial District Court is designated as the exclusive venue for these cases, which centralizes litigation and may streamline some processes but also raises concerns about local accountability in matters directly impacting local constituents.

Summary

House Bill 475 is legislation that modifies the existing legal framework regarding civil actions against firearms and ammunition manufacturers in Louisiana. It explicitly preempts local governments from initiating lawsuits related to the lawful design, manufacture, marketing, or sale of firearms and ammunition. The bill reserves this authority exclusively for the state, meaning that only state entities can file suits against firearm manufacturers or dealers, thereby limiting the ability of local governments to seek redress for harm caused by firearms under their jurisdictions.

Sentiment

The public and legislative sentiment surrounding HB 475 appears to be contentious. Supporters argue that the bill protects manufacturers from the burden of numerous local lawsuits and promotes a more organized legal approach to firearm-related issues. However, opponents perceive the bill as an infringement on local control and autonomy, fearing it undermines the ability of local governments to address public safety issues specific to their communities. This divide reflects a broader ongoing debate regarding gun control and local governance.

Contention

The primary contention surrounding HB 475 centers on the balance of power between state and local governments. Critics argue that the ability for local authorities to regulate and seek legal recourse in firearm-related matters is essential for community safety and tailored responses to local situations. In contrast, proponents assert that limiting local lawsuits prevents a patchwork of laws that could complicate or hinder the operations of firearm manufacturers, with the overarching goal of maintaining a cohesive regulatory environment.

Companion Bills

No companion bills found.

Previously Filed As

LA HB525

Provides relative to civil actions involving firearms manufacturers

LA HB289

Provides relative to civil liability of firearm and ammunition manufacturers and distributors

LA SB695

Firearms; lawsuits against manufacturers; prohibiting certain action. Effective date.

LA SB695

Firearms; lawsuits against manufacturers; prohibiting certain action. Effective date.

LA HB45

Creates the La. Manufactured Firearms and Ammunition Act (RE INCREASE SD EX See Note)

LA HB290

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)

LA SB189

Prohibiting insurance discrimination against firearms manufacturers

LA SB546

Provides relative to preemption of civil actions against certain permittees of the state. (gov sig)

LA SB74

Modifies provisions relating to firearms

LA HB2647

Firearms; prohibiting the filing of civil actions or special proceedings under certain circumstances; effective date.

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