§ 39:1602.2 — Prohibition on contracts with companies that discriminate against firearm and

Louisiana § 39:1602.2

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§1602.2. Prohibition on contracts with companies that discriminate against firearm and
ammunition industries
A. As used in this Section, the following terms shall have the following meanings
unless the context clearly indicates otherwise:
(1) "Ammunition" shall mean a loaded cartridge or shotshell, case, primer, projectile,
wadding, or propellant powder.
(2) "Company" shall mean a for-profit organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company that exists to make a profit. "Company" shall not mean a sole proprietorship.
(3)(a) "Discriminate against a firearm entity or firearm trade association" shall mean
the company:
(i) Refuses to engage in the trade of any goods or services with the entity or
association based solely on its status as a firearm entity or firearm trade association. "Status"
includes the lawful products and services provided by and lawful practices of firearm entities
and firearm trade associations.
(ii) Refrains from continuing an existing business relationship with the entity or
association based solely on its status as a firearm entity or firearm trade association. "Status"
includes the lawful products and services provided by and lawful practices of firearm entities
and firearm trade associations.
(iii) Terminates an existing business relationship with the entity or association based
solely on its status as a firearm entity or firearm trade association. "Status" includes the
lawful products and services provided by and lawful practices of firearm entities and firearm
trade associations.
(b) A company does not "discriminate against a firearm entity or firearm trade
association" if it refuses to engage in the trade of any goods or services, refrains from
continuing an existing business relationship, or declines to enter into, modifies, or terminates
an existing business relationship for any of the following reasons:
(i) To comply with federal, state, or local law, policy, or regulations or a directive
by a regulator.
(ii) For any traditional or ordinary business reason that is specific to the customer or
potential customer and not based solely on an entity's or association's status as a firearm
entity or firearm trade association. "Status" includes the lawful products and services
provided by and lawful practices of firearm entities and firearm trade associations.
(c) Nothing in this Paragraph shall be construed to require a company that is a
merchant, retail seller, or platform to sell or list for sale ammunition, firearms, or firearm
accessories.
(4) "Firearm" shall mean a weapon that expels a projectile by the action of explosive
or expanding gases.
(5) "Firearm accessory" shall mean:
(a) A device specifically designed or adapted to enable an individual to wear, carry,
store, or mount a firearm on the individual or on a conveyance.
(b) An item used in conjunction with or mounted on a firearm that is not essential
to the basic function of the firearm, including a detachable firearm magazine.
(6) "Firearm entity" shall mean:
(a) A manufacturer, distributor, wholesaler, supplier, or retailer of firearms, firearm
accessories, or ammunition.
(b) A business establishment, private club, or association that operates an area for
the discharge or other use of firearms for silhouette, skeet, trap, black powder, target,
self-defense, or similar recreational shooting, at which not fewer than twenty different
individuals discharge firearms each calendar year.
(7) "Firearm trade association" shall mean any person, corporation, unincorporated
association, federation, business league, or business organization that meets all of the
following criteria:
(a) Is not organized or operated for profit and for which none of its net earnings
inures to the benefit of any private shareholder or individual.
(b) Has two or more firearm entities as members.
(c) Is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) as an
organization described by 26 U.S.C. 501(c)(6).
(8) "Governmental entity" shall mean:
(a) Any department, office, division, commission, council, board, bureau, committee,
institution, agency, government corporation, or other establishment or official of the
executive branch of state government.
(b) Any parish, city, town, governmental body, and any other subdivision of the state
or public agency thereof, public authority, public educational, health, or other institution, and
to the extent provided by law, any other entity which expends public funds for the acquisition
or leasing of supplies, services, major repairs, and construction, and any nonprofit
corporation operating a charitable hospital.
B.(1) The provisions of this Section shall apply to any contract with a value of one
hundred thousand dollars or more that meets all of the following criteria:
(a) It is to be paid primarily from public funds.
(b) It is between a public entity and a company with at least fifty full-time
employees.
(c) It is renewed or entered into on or after August 1, 2024.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
provisions of this Section shall not apply if either of the following conditions are met:
(a) The contract is with a sole-source provider.
(b) The government entity does not receive any bids from companies that are able
to provide the written verification required by this Section.
C. Except as provided in Subsection D of this Section, a governmental entity may
not enter into a contract with a company for the purchase of goods or services unless the
contract contains a written verification from the company of both of the following:
(1) The company does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association based solely on the entity's
or association's status as a firearm entity or firearm trade association.
(2) The company will not discriminate against a firearm entity or firearm trade
association during the term of the contract based solely on the entity's or association's status
as a firearm entity or firearm trade association.
D. A governmental entity may not enter into a joint or multi-party contract for the
purchase of goods or services unless the contract contains a written verification as required
pursuant to Subsection C of this Section from each company that is a party to the contract;
however, such contract shall not be required to contain a verification from any company that
will receive less than one hundred thousand dollars pursuant to the contract.
E. The attorney general shall have authority to enforce the requirements of this
Section, and if legal action is taken in which the attorney general prevails, then the attorney
general shall be entitled to recover all reasonable costs and reasonable attorney fees incurred.

Legislative History

Acts 2024, No. 581, §2.