§ 40:1796 — Preemption of state law

Louisiana § 40:1796

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1796. Preemption of state law
A. No governing authority of a political subdivision shall enact or enforce any
ordinance, order, regulation, policy, procedure, rule, or any other form of executive or
legislative action more restrictive than state law concerning in any way the manufacture, sale,
purchase, possession, carrying, storage, ownership, taxation, transfer, transportation, license,
or registration of firearms, ammunition, components of firearms or ammunition, firearms
accessories, knives, edged weapons, or any combination thereof. Any existing ordinance,
order, regulation, policy, procedure, rule, or any other form of executive or legislative action
in violation of this Subsection shall be null and void and of no effect.
B. A political subdivision shall repeal, rescind, or amend to conform any ordinance,
order, regulation, policy, procedure, rule, or any other form of executive or legislative action
in violation of this Section within six months after August 1, 2024.
C. A person or an organization whose membership is adversely affected by any
ordinance, order, regulation, policy, procedure, rule, or any other form of executive or
legislative action promulgated or caused to be enforced in violation of this Section may file
suit against an offending political subdivision in any court of this state having jurisdiction
for declaratory and injunctive relief. A court shall award a prevailing plaintiff in any such
suit reasonable attorney fees and costs including expert witness fees and expenses.
D. Nothing in this Section shall prohibit a local governing authority in a high-risk
area from developing a plan with federally licensed firearms manufacturers, dealers, or
importers to secure the inventory of firearms and ammunition of those licensees in order to
prevent looting of the licensee's premises during a declared state of emergency or disaster.
Such plan shall be renewed on a periodic basis. The information contained in the plan shall
be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the
sheriffs of the parishes or police chiefs of municipalities in which the declared state of
emergency or disaster exists.
E. For the purposes of this Section:
(1) "Declared emergency or disaster" means an emergency or disaster declared by the
governor or parish president pursuant to the provisions of the Louisiana Homeland Security
and Emergency Assistance and Disaster Act.
(2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia,
Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St.
Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.
F. This Section shall not apply to the levy and collection of sales and use taxes,
license fees and taxes, and permit fees, nor shall it affect the authority of political
subdivisions to prohibit the possession of a weapon or firearm in the commercial
establishments and public buildings enumerated in R.S. 40:1379.3(N).

Legislative History

Added by Acts 1985, No. 741, §1, eff. July 17, 1985; Acts 2006, No. 254, §1; Acts 2020, No. 299, §1; Acts 2024, No. 59, §1.