Authority to Arm Designated Louisiana National Guardsmen
WHEREAS, Article IV, Section 5 of the Louisiana Constitution establishes the governor as the Commander-in-Chief, and provides
The governor shall be commander-in-chief of the armed forces of the state, except when they are called into service of the federal government. He may call out these forces to preserve law and order, to suppress insurrection, to repel invasion, or in other times of emergency.
WHEREAS, Louisiana Revised Statute 29:7 states that the governor may, with or without a declaration of emergency, order into the active service of the state any part of the National Guard in order to prevent or prepare for terrorist events and, that when so ordered, members of the National Guard on state active duty or USC Title 32 status shall have all of the powers and authority of peace officers as are reasonably necessary to preserve the lives, property, and security of persons within the State of Louisiana;
WHEREAS, on Wednesday morning, July 16, 2015, four United States Marines were killed and numerous others wounded in terrorist attacks on an armed forces recruitment center and Naval Reserves Operational Center in Chattanooga, Tennessee;
WHEREAS, the very uniforms worn by these courageous Marines made them targets of terrorism;
WHEREAS, the State of Louisiana is proud to have many thousands of National Guardsmen who train to respond and protect the citizens and property of our State and their uniforms should not make them targets for terrorism without having the ability to defend themselves and other peaceful, law abiding citizens;
WHEREAS, the Adjutant General of the Louisiana National Guard should identify appropriate members of the National Guard currently ordered to state active duty or USC Title 32 status and issue appropriate orders designating security procedures for members of the National Guard and facilities to have the means of self-defense should such an attack occur in the State of Louisiana.
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: In accordance with La. R.S. 29:7, the Adjutant General is authorized and directed to identify and arm certain Guard personnel currently on state active duty or USC Title 32 status as reasonably necessary to preserve the lives, property, and security of themselves and other persons subject to threat of an attack as occurred this week in Chattanooga, Tennessee.
SECTION 2: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 17th day of July, 2015.
Secretary of State