La. Representatives answer the call on Federal gun battle

January 21, 2013

by Mark Parham

With President Barack Obama issuing EO’s and Democrats in the House and Senate filing more gun restrictive legislation at the beginning of this new session, more and more sheriffs and now state legislatures are coming out against any support or enforcement of said bills. The latest to join in the fight are two Louisiana Representatives. Rep. James Morris Dist. 1 and Rep. Brett Geyman Dist. 35 have authored and co-authored respectively HLS 13RS-260 and pre-filed for the up-coming La. session. This bill will follow suit of other states that have done the same and we are looking to gain as many co-authors for this bill as possible. Contact your respective Representatives and share with them OUR need to take this stand against any and all federal bills that may become law.

  The bill pre-filed for this session will be retroactive to January 1st 2013. It is imperative that we stand against further destruction of our Bill of Rights and stand with our state Reps. and Senators in doing so. The bill is titled and reads as such:

“Louisiana Preservation of Individual Gun Rights of Citizens Act”


Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WEAPONS/FIREARMS: Provides that any federal law which attempts to ban a semiautomatic
firearm or other limitation on firearms in this state is unenforceable
2 To enact Part V of Chapter 9 of Title 40 of the Louisiana Revised Statutes of 1950 to be
3 comprised of R.S. 40:1821 through 1825, relative to the regulation of firearms; to
4 prohibit the enforcement of any federal law in the state of Louisiana which attempts
5 to ban the sale or possession of certain types of firearms; to provide for penalties;
6 and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Part V of Chapter 9 of Title 40 of the Louisiana Revised Statutes of 1950
9 to be comprised of R.S. 40:1821 through 1825 is hereby enacted to read as follows:
10 §1821. Short Title
11 This Part shall be known and may be cited as the “Louisiana Preservation of
12 Individual Gun Rights of Citizens Act”
13 §1822. Legislative Findings
14 The legislature hereby finds and declares that the right to keep and bear arms
15 is a constitutionally protected in both the federal and state constitutions. The
16 provisions of this Part are designed to preserve those rights for Louisiana citizens.
17 §1823. Federal law or rule invalid in Louisiana
18 A. Any federal law, rule, regulation or executive order adopted or enacted
19 on or after January 1, 2013 shall be unenforceable within the borders of the state of
Page 2 of 2
1 Louisiana if the law, rule, regulation or executive order attempts to do any of the
2 following:
3 (1) Ban or restrict the ownership of a semi-automatic firearm or any
4 magazine of a firearm as defined by federal law.
5 (2) Require that any firearm, magazine or other firearm accessory to be
6 registered in any manner.
7 B. The provisions of this Section shall only apply to firearms which are
8 owned or manufactured within the state of Louisiana and remain exclusively within
9 the borders of the state of Louisiana.
10 §1824. Enforcement prohibition; penalties
11 A. It shall be unlawful for any official, agent, or employee of the United
12 States Government to enforce or attempt to enforce a federal law, rule, regulation,
13 or executive order as prohibited in R.S. 40:1823.
14 B. Whoever violates the provisions of this Section shall be fined not more
15 than five thousand dollars, imprisoned with or without hard labor for not more than
16 two years, or both.
17 §1825. Attorney general
18 The office of the attorney general of the state of Louisiana shall defend any
19 Louisiana citizen who is charged with possession or ownership of a firearm in
20 violation of any federal law, rule, regulation, or executive order prohibited in R.S.
21 40:1823.

The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177

Everyone’s help and support will be needed to protect our Rights. I ask each of you again to contact your Representative and Senator and ask them to support this legislation. For our future and that of our children.


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