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Louisiana Revised Statutes Tit. 38, § 2216.1. Prohibition on contracts with companies that discriminate against firearm and ammunition industries

Current as of January 01, 2023 | Updated by Findlaw Staff

A. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) “Ammunition” shall mean a loaded cartridge or shotshell, case, primer, projectile, wadding, or propellant powder.

(2) “Company” shall mean a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company that exists to make a profit. “Company” shall not mean a sole proprietorship.

(3)(a) “Discriminate against a firearm entity or firearm trade association” shall mean that the company:

(i) Refuses to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association. “Status” includes the lawful products and services provided by and lawful practices of firearm entities and firearm trade associations.

(ii) Refrains from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. “Status” includes the lawful products and services provided by and lawful practices of firearm entities and firearm trade associations.

(iii) Terminates an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. “Status” includes the lawful products and services provided by and lawful practices of firearm entities and firearm trade associations.

(b) A company does not “discriminate against a firearm entity or firearm trade association” if it refuses to engage in the trade of any goods or services, refrains from continuing an existing business relationship, or declines to enter into, modifies, or terminates an existing business relationship for any of the following reasons:

(i) To comply with federal, state, or local law, policy, or regulations or a directive by a regulator.

(ii) For any traditional or ordinary business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association. “Status” includes the lawful products and services provided by and lawful practices of firearm entities and firearm trade associations.

(c) Nothing in this Paragraph shall be construed to require a company that is a merchant, retail seller, or platform to sell or list for sale ammunition, firearms, or firearm accessories.

(4) “Firearm” shall mean a weapon that expels a projectile by the action of explosive or expanding gases.

(5) “Firearm accessory” shall mean:

(a) A device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance.

(b) An item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm, including a detachable firearm magazine.

(6) “Firearm entity” shall mean:

(a) A manufacturer, distributor, wholesaler, supplier, or retailer of firearms, firearm accessories, or ammunition.

(b) A business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting, at which not fewer than twenty different individuals discharge firearms each calendar year.

(7) “Firearm trade association” shall mean any person, corporation, unincorporated association, federation, business league, or business organization that meets all of the following criteria:

(a) Is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual.

(b) Has two or more firearm entities as members.

(c) Is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) as an organization described by 26 U.S.C. 501(c)(6).

(8) “Public entity” means and includes the state of Louisiana; any agency, board, commission, department, or public corporation of the state created by the constitution or statute or pursuant thereto; any political subdivision of the state, including but not limited to any political subdivision as defined in Article VI, Section 44 of the Constitution of Louisiana; and any public housing authority, public school board, or any public officer whether or not an officer of a public corporation or political subdivision.

B. (1) The provisions of this Section shall apply to any contract with a value of one hundred thousand dollars or more that meets all of the following criteria:

(a) It is to be paid primarily from public funds.

(b) It is between a public entity and a company with at least fifty full-time employees.

(c) It is renewed or entered into on or after August 1, 2024.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the provisions of this Section shall not apply if either of the following conditions are met:

(a) The contract is with a sole-source provider.

(b) The public entity does not receive any bids from companies that are able to provide the written verification required by this Section.

C. Except as provided in Subsection D of this Section, a public entity may not enter into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company of both of the following:

(1) The company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on the entity's or association's status as a firearm entity or firearm trade association.

(2) The company will not discriminate against a firearm entity or firearm trade association during the term of the contract based solely on the entity's or association's status as a firearm entity or firearm trade association.

D. A public entity may not enter into a joint or multi-party contract for the purchase of goods or services unless the contract contains a written verification as required pursuant to Subsection C of this Section from each company that is a party to the contract; however, such contract shall not be required to contain a verification from any company that will receive less than one hundred thousand dollars pursuant to the contract.

E. The attorney general shall have authority to enforce the requirements of this Section, and if legal action is taken in which the attorney general prevails, then the attorney general shall be entitled to recover all reasonable costs and reasonable attorney fees incurred.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 38, § 2216.1. Prohibition on contracts with companies that discriminate against firearm and ammunition industries - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-38-sect-2216-1/

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