La. Stat. tit. 40 § 1796

Current with operative changes from the 2024 Third Special Legislative Session
Section 40:1796 - 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 declatory 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).

La. R.S. § 40:1796

Added by Acts 1985, No. 741, §1, eff. July 17, 1985; Acts 2006, No. 254, §1; Acts 2020, No. 299, §1.
Amended by Acts 2024, No. 59,s. 1, eff. 8/1/2024.
Amended by Acts 2020, No. 299,s. 1, eff. 8/1/2020.
Added by Acts 1985, No. 741, §1, eff. 7/17/1985; Acts 2006, No. 254, §1.