Louisiana Bill Would Nullify Federal Gun Laws

Representative Jim Morris  has sponsored a bill in the Louisiana State House that “Prohibits the enforcement of federal restrictions regarding the ownership or possession of semi-automatic firearms.”

HB5 would amend the Louisiana Code concerning firearms. The text of the bill simply states that it is:

“to prohibit the enforcement of any federal law in the state of Louisiana which attempts to either ban the ownership or possession of certain types of firearms, or impose registration requirements for such firearms; to provide for criminal penalties; to provide for duties of the attorney general; and to provide for related matters.”

“The Louisiana Legislature hereby finds and declares that the right to keep and bear arms is constitutionally protected by both the federal and state constitutions.”

If passed, this bill would nullify any federal gun control bill that would limit the citizens of Louisiana access to semi-automatic firearms, ammunition and accessories. A section from this bill reads:

Any federal law, rule, regulation, or executive order adopted or enacted on or after January 1, 2013, shall be unenforceable within the borders of the state of Louisiana if the law, rule, regulation, or executive order attempts to do any of the following:

(1) Ban or restrict the ownership or possession of a semi-automatic firearm, or any magazine, accessory, or ammunition for a semi-automatic firearm, as defined by federal law.

(2) Require that any semi-automatic firearm, magazine, accessory, or ammunition for a semi-automatic firearm be registered in any manner.

B. The provisions of this Section shall only apply to semi-automatic firearms, magazines, accessories, and ammunition for such firearms which are owned or possessed within the state of Louisiana and remain exclusively within the borders of the state of Louisiana.

If federal agents or employees try to enforce any federal “law” regarding semi-automatic firearms written after Jan.1^st it will considered to be a felony in Louisiana.

“It shall be unlawful for any official, agent, or employee of the United States government to enforce or attempt to enforce a federal law, rule, regulation, or executive order…

Whoever violates the provisions of this Section shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than two years, or both.”

If a citizen of Louisiana is prosecuted by the federal government for violating any new federal “law” covered by this bill then:

“The office of the attorney general of the state of Louisiana shall defend any Louisiana citizen who is charged with possession or ownership of a semi-automatic firearm, magazine, accessory, or ammunition for such firearm in violation of any federal law, rule, regulation, or executive order…”

This bill goes a long way to support and defend the rights of the citizens of Louisiana under not only Second Amendment to the US Constitution but also their rights under the Louisiana Constitution. But we at the Tenth Amendment Center cannot find under the Second Amendment the protection of just one kind of firearm in this case a semi-automatic firearm. We would prefer that all references to semi-automatic be stricken through semi-automatic.

HB5 was assigned to the Committee on Administration of Criminal Justice.

ACTION ITEMS

If you live in Louisiana, contact your state legislator. Let him or her know of your concern over federal actions to take away your Second Amendment rights and that you expect support of this legislation but you would prefer the deletion of the restriction to only semi-automatic weapons. Click here for House contact information and here for the Senate.

If you live outside of Louisiana, still contact your state legislator. Inform him or her that you hope similar legislation will be introduced in your state, but with the removal of the restriction to only semi-automatic firearms.