Provides relative to the right to carry a firearm

House Bill 94 enacts a new statute, R.S. 14:95.11, that creates a blanket prohibition against the confiscation, seizure, taking, or transfer of firearms from law-abiding citizens without due process of law. The statute declares that notwithstanding any other provision of law, no firearm may be removed from such a citizen, and it further prohibits governmental entities in Louisiana from accepting federal funding or grants for the implementation, service, or enforcement of federal statutes, orders, rules, or regulations that would mandate the seizure or transfer of firearms from law-abiding citizens without due process protections. The statute establishes that violations carry criminal penalties of a fine not to exceed ten thousand dollars, imprisonment for not more than two years with or without hard labor, or both. The law provides statutory definitions for three key terms: due process is defined as the constitutional requirement of notice, an opportunity to be heard, a neutral decision-maker, and an articulated standard of conduct with sufficient justification; firearm encompasses pistols, revolvers, rifles, shotguns, machine guns, submachine guns, black powder weapons, and assault rifles capable of firing fixed cartridge ammunition or discharging projectiles by explosive force; and law-abiding citizen means any person not prohibited from firearm possession under Louisiana Revised Statutes 14:95.1, federal law at 18 U.S.C. Section 922(g), or any other applicable state or federal law.

The practical effect of this statute extends to Louisiana law enforcement agencies, governmental entities that receive federal funding, and citizens legally entitled to possess firearms under state and federal law. Any governmental entity attempting to enforce or implement federal firearm seizure mandates would face the choice of refusing federal funds associated with those programs or facing criminal liability for their employees who participate in such enforcement. Law enforcement officers and government officials involved in firearm confiscation or seizure operations could face criminal prosecution under this new statute if they proceed without adhering to the defined due process requirements. Citizens classified as law-abiding would gain additional legal protection against firearm dispossession, creating a potential barrier to enforcement of certain federal policies at the state and local level.

This statute operates within Louisiana's existing criminal code framework under Title 14 of the Louisiana Revised Statutes, specifically neighboring R.S. 14:95.1, which addresses persons prohibited from possessing firearms. The law references federal restrictions on firearm possession found in 18 U.S.C. Section 922(g), which establishes federal prohibitions based on factors such as felony convictions, domestic violence convictions, and other specified categories. The statute raises complex federalism questions regarding the ability of states to refuse participation in federal law enforcement initiatives and creates potential constitutional tension between state sovereignty and the Supremacy Clause of the United States Constitution, which ordinarily renders federal law the supreme law of the land. Louisiana courts will ultimately need to determine whether this statute can be enforced given these constitutional constraints and whether the defined due process standard provides adequate deference to legitimate governmental interests in firearm regulation and public safety.