A new legal battle has emerged in Louisiana, where a group of plaintiffs is challenging the state's firearm licensing laws. On December 20, 2024, Douglas Mate, Christopher Baker, and the Firearms Policy Coalition, Inc. filed a complaint in the United States District Court for the Western District of Louisiana against Gary Westcott and Liz Murrill.
The plaintiffs argue that Louisiana's recent legislative changes have created an unconstitutional barrier for non-residents wishing to exercise their Second Amendment rights within the state. Earlier this year, Louisiana enacted Senate Bill No. 1 (SB 1), which allows residents aged eighteen and older to carry handguns without a permit. However, it fails to provide a mechanism for non-residents like Mate and Baker to obtain a state-issued carry license. This omission effectively prevents them from carrying firearms legally in certain areas due to restrictions such as the "Firearm-Free Zone" laws.
Douglas Mate, residing in New Braunfels, Texas, and Christopher Baker from Conway, Arkansas, both desire to obtain a Louisiana carry license but are hindered by their non-resident status. They argue that this restriction infringes upon their constitutionally protected right to bear arms in public for self-defense—a right affirmed by the Supreme Court in New York State Rifle & Pistol Association v. Bruen (2022). The plaintiffs assert that there is no historical precedent supporting residency-based restrictions on carrying firearms and claim that such limitations violate both the Second and Fourteenth Amendments.
In addition to seeking declaratory judgments on these constitutional grounds, the plaintiffs also challenge the state's "firearm-free zone" regulations. These zones prohibit carrying firearms within 1,000 feet of schools unless one possesses a valid concealed handgun permit issued by Louisiana—permits unavailable to non-residents under current law. The plaintiffs contend that this effectively creates vast areas where they cannot legally carry firearms while traveling through or visiting Louisiana.
Furthermore, they highlight additional disadvantages faced by non-residents under current legislation. For instance, those with Louisiana carry licenses are granted immunity from civil liability in cases involving justified use of force or self-defense—protections not extended to individuals exercising constitutional carry rights without a state-issued permit.
The lawsuit seeks several forms of relief: declarations that specific provisions of Louisiana's regulatory scheme are unconstitutional; injunctions preventing enforcement against qualified non-residents; costs associated with bringing forth this action including attorneys' fees; among other remedies deemed justifiable by the court.
Representing these claims are attorneys Bradley A. Benbrook and Stephen M. Duvernay from Benbrook Law Group P.C., alongside George J Armbruster III from Armbruster & Associates APLC—the latter based locally in Lafayette where proceedings have been initiated under Case ID 2:24-cv-01780 before presiding judges yet unnamed at time filing occurred.