Preemption Statutes

Louisiana expressly preempts local regulation of firearms. Louisiana Revised Statutes Annotated section 40:1796(A) provides:

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.

Further, In 2012 Louisiana enacted a law to clarify that local ordinances regulating the carrying of firearms in public are subject to the provisions of section 40:1796 and may not be more restrictive than state law.1

Exceptions

Louisiana state law provides for the following exceptions:

  • Political subdivisions can levy and collect sales, use, and license taxes, as well as license and permit fees on gun dealers.2
  • Political subdivisions can prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.3
  • Local governments in specified “high risk” parishes (governmental units akin to counties) retain the authority to develop plans with federally licensed firearms dealers during a declared state of emergency or disaster to secure their inventory to prevent looting.4
  • Parishes are allowed to zone to prohibit, restrict, or regulate hunting and the shooting of firearms” in “heavily populated areas,” as defined by the statute.5
  • Municipalities with a population in excess of 425,000 may initiate firearms buyback programs, subject to certain state guidelines.6
  • Parish governing authorities can 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.7

Interpretation

As of the date this page was updated, Giffords Law Center is not aware of any relevant case law interpreting these statutes.

Immunity

For state laws prohibiting local units of government (i.e., cities and counties) from filing certain types of lawsuits against firing ranges and the gun industry, see our page on Immunity Statutes in Louisiana.

Notes
  1. La. Rev. Stat. § 14:95(F)(3). ⤴︎
  2. La. Rev. Stat. §40:1796(A). ⤴︎
  3. Id. ⤴︎
  4. La. Rev. Stat. §40:1796(B). ⤴︎
  5. La. Rev. Stat. § 33:120. ⤴︎
  6. La. Rev. Stat. § 33:4879. ⤴︎
  7. La. Rev. Stat. § 33:1236(37). ⤴︎