Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2023 ‘Preemption of Local Laws in Louisiana.’ Other Laws & Policies. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 3 June
Local Authority to Regulate Firearms in Louisiana
Louisiana Revised Statutes Annotated § 40:1796 provides:
A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; however, [section 40:1796] 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 certain commercial establishments and public buildings.
B. Nothing in [section 40:1796] 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 [section 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.
There is no relevant case law interpreting section 40:1796.
Pursuant to section 33:120, parishes (governmental units akin to counties) in Louisiana are "authorized to zone in order to prohibit, restrict, or regulate hunting and the shooting of firearms in the heavily populated areas," as determined by parish governing authorities. In addition, municipalities with a population in excess of 425,000 may initiate firearms buyback programs, subject to certain state guidelines.
Finally, section 33:1236 provides that parish governing authorities may regulate the use of air rifles within the limits of the parish, which includes the authority to make necessary rules and regulations and provide penalties for violations…
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