Louisiana: Governor Signs Bill Strengthening Firearm Preemption Law

Louisiana Gov. Jeff Landry has signed a measure that will strengthen the state’s firearm preemption law. Landry signed Senate Bill 194, sponsored by state Sen. Blake Miquez, on Wednesday.

“This bill strengthens 2A rights to ensure a consistent set of gun laws across Louisiana,” Sen. Miguez tweeted when the measure was approved by the Senate Judiciary Committee. “A patchwork of gun laws ultimately leads to law-abiding citizens becoming criminals for merely exercising their constitutional rights.”

Firearms preemption laws basically keep municipalities and parishes from passing more restrictive gun laws than those in state law. This measure will expand the types of behavior political subdivisions are generally prohibited from regulating, provide standing for both individuals and organizations to seek declaratory and injunctive relief when political subdivisions are in violation and require political subdivisions to repeal any offending ordinances or regulations within six months of the bill’s enactment.

“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,” the measure states. “A court shall award a prevailing plaintiff in any such suit reasonable attorney fees and costs including expert witness fees and expenses.”

This measure would further restrict the authority of local governments to regulate firearms to include their “manufacture, …carrying, …storage, …[and] taxation;” and add “firearm accessories, knives, edged weapons, or any combination thereof” to the preemption statute.

The National Rifle Association had been lobbying for the passage of the bill since its introduction and was pleased that Gov. Landry signed the measure.

“The NRA would like to thank Governor Landry for signing this critical piece of legislation and his continued commitment to protecting Second Amendment rights in Louisiana,” NRA-ILA said in an update to members. “NRA also thanks Senator Blake Miguez for introducing the bill, and all members of the Louisiana legislature who supported SB 194 throughout this year’s legislative session.”

Two other measures have also been sent to the governor and await his consideration. Senate Bill 214 would create a uniform set of laws for carrying concealed firearms in dining establishments, ensuring lawful citizens have the right to defend themselves and their families in places that serve alcoholic beverages. Additionally, Senate Bill 152, makes some technical clarifications to some of the state’s carry statutes.