The Louisiana legislature is in the process of strengthening the current state preemption law regarding weapons and the right to keep and bear arms. Local governments seeking to push gun control have been clever about finding ways to restrict people’s 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 on the Louisiana Legislature website.
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 that 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 that 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.
The United States is bifurcating into a few states (8-9) that defy the Supreme Court and the vast majority that respect the Second Amendment. This is not a healthy situation for a constitutional republic. Eventually, the Constitution will be enforced for the entire nation, or the Republic will fall apart.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
