LA: Pre-emption Bill Passes Senate, 28-11, on to House

Louisiana State Capitol, from wikimedia CC 2.5, 18 Oct, 2006, cropped and scaled by Dean Weingarten 

The Louisiana legislature is in the process of strengthening the current Louisiana preemption law regarding weapons and the right to keep and bear arms. Local governments, seeking to restrict the right to keep and bear arms, have been shown to be clever about finding ways to restrict peoples right to keep and bear arms in ways not foreseen by previous preemption laws.  For example, in Iowa, the Dubuque City Council voted to create a zoning ordinance to prohibit otherwise legitimate gun sales.  In Montana, the city government of Missoula, dominated by the University of Montana, voted to require government approval of all firearm sales in the city.  In response, state legislatures are strengthening preemption bills to prevent such abuses.

Several changes are being proposed in the preemption statute for the State of Louisiana. The differences between the present law and the proposed bill are shown at the Louisiana legislature web site. They are shown below. From the Bill SB 124,

Present law limits a political subdivision’s authority to enact certain ordinances or regulations involving firearms. In this regard, present law prohibits a governing authority of a political subdivision from enacting any ordinance or regulation that is more restrictive than state law concerning the sale, purchase, possession, ownership, transfer, transportation,license, or registration of firearms, ammunition, or components of firearms or ammunition.

Proposed law prohibits a governing authority from enforcing 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.

The differences are significant. Present law limits a political subdivision’s authority to enact ordinances or regulations . The proposed bill prohibits all governmental authorities (except the state legislature) from enforcing a wider range of items, expanded beyond ordinances or regulations involving firearms to any ordinance, order, regulation, policy, procedure, rule or any other form of executive or legislative action. 

The list of things which may not be regulated is expanded to include: manufacture, carrying, storage, and  taxation, the items protected are expanded to include firearms accessories, knives, edged weapons, or any combination thereof.

When local governments work hard to find ways to restrict the right to keep and bear arms, responsible legislatures are finding ways to specifically prohibit them from doing so. Some states, such as Florida, have imposed financial penalties for government entities and personal liabilities for local politicians who enact ordinances which violate the preemption laws.

Bill 124 in Louisiana still has to pass the house. It seems likely to pass the house and be sent to the Governor for signature.

In spite of clear guidance from the Supreme Court in the Bruen decision, a few repressive states continue to defy the court and illegally restrict the right to keep and bear arms.

Commentary:

The United States is bifurcating into a few states (8-9) defying the Supreme Court, and the vast majority which respect the Second Amendment.

This is not a healthy situation for a constitutional republic. Eventually, either the Constitution will be enforced for the entire nation, or the Republic will fall apart.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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