BATON ROUGE, La. (Feb. 29, 2024) – Yesterday, the Louisiana Senate gave final approval to a bill that would legalize permitless concealed carry by adults in the state. The enactment of a so-called “constitutional carry” bill would also foster an environment more hostile to federal gun control.

Sen. Blake Miguez filed SB1 (SB1) on Feb. 8. The legislation would allow Louisiana residents 18 and over who are not prohibited from possessing a firearm under state or federal law to carry a concealed firearm without a permit. Under the proposed law, the state would continue issuing concealed carry permits for residents who want to carry in other states that have CCDW reciprocity with Louisiana.

On Feb. 28, the House passed SB1 by a 75-28 vote. The Senate previously approved the measure with a 28-10 vote. The bill now moves to Gov. Jeff Landry’s desk for his consideration.

If signed, the bill would take effect on April 19.

Louisiana already allows the open carrying of firearms without a permit by individuals 21 and over.

A similar measure passed the House in 2023 and 2022 but stalled in the Senate. In 2021, then-governor John Bel Edwards vetoed a permitless carry bill.

EFFECT ON FEDERAL GUN CONTROL

While permitless carry bills do not directly affect federal gun control, the widespread passage of permitless concealed carry laws in states subtly undermines federal efforts to regulate guns. As we’ve seen with marijuana and industrial hemp, a federal regulation becomes ineffective when states ignore it and pass laws encouraging the prohibited activity anyway.

The federal government lacks the enforcement power necessary to maintain its ban, and people will willingly take on the small risk of federal sanctions if they know the state will not interfere. This increases when the state actively encourages “the market.”

Less restrictive state gun laws will likely have a similar impact on federal gun laws. It will make it that much more difficult for the feds to enforce any future federal gun control, and increase the likelihood that states with few limits will simply refuse to cooperate with federal enforcement efforts.

State actions such as passing SB1 would lower barriers for those wanting the option of defending themselves with firearms and encourage a “gun-friendly” environment that would make federal efforts to limit firearms that much more difficult.

WHAT’S NEXT

Gov. Landry will have 10 days from the date SB1 is transmitted to his office to sign the bill before it automatically becomes law. Within that time he can veto it, which would require a two-thirds majority of the legislature to overrule.

TJ Martinell