Louisiana, our life-long home, reels from a terrorist attack which murdered at least fifteen innocent people, injured several dozen others, and sent the Big Easy into shock ahead of the postponed Sugar Bowl.

Acts of terror have once again left carnage within the borders of America. Shamsud Din Jabbar ramming a truck through a crowd of New Orleans revelers follows multiple acts of terror committed in our homeland over the years.

There has been a profound shift in the 23+ year war on terrorism that is unfortunately lost on the overwhelming majority of the American people. It is also lost on our federal bureaucratized counterterrorism apparatus and, most definitely, our current national political leadership.

Jihad has come to America. Over the past two decades that has become painfully obvious, but was brought home forcefully once again with the horrible Jihadist terrorist attack in New Orleans on New Year’s Day.

For the first time since the Civil War, over the past two decades our enemies have been conducting operations on U.S. soil resulting in dead and wounded Americans.

America’s first line of defense is no longer our military. It isn’t even the FBI or the Department of Homeland Security. Our first line of defense is now our state and local law enforcement heroes.

From police officers attacked by an axe-wielding jihadi on a street corner in Queens, New York on October 23, 2014 to the slaughter of innocents at a Christmas Party in San Bernardino, California on December 2, 2015, police officers have found themselves at war on the streets of America against Jihadist terrorists.

Think about it: who took down the Jihadist terrorist shooters in Garland, Texas on May 3, 2015? Who killed the Chattanooga, Tennessee terrorist, Muhammad Youssef Abdulazeez on July 16, 2015? Who tracked down and killed and captured the Boston Marathon bombers in April 2013? Who took out the Jihadist terrorist who committed the Pulse night club massacre in Orlando on June 12, 2016?

In each case, the answer: state and local law enforcement.

By the time the FBI and Department of Homeland Security arrive on the scene, they have to ask permission to pass the crime scene tape.

On December 6, 2019, when a Saudi terrorist shot and killed 3 men on board Naval Air Station Pensacola, it was a local sheriff’s department SWAT team that was called in to take down the shooter.

When, like yesterday, a mass terrorism attack devastates a community like New Orleans, all eyes turn to the federal government to provide protection and relief. Although the U.S. government does have primary responsibility for America’s national security, state and local governments can–and should–take specific steps to protect their citizens and the nation from terror attacks. All the above attacks were ended by state or local law enforcement, including the New Orleans Police Department dispatching Shamsud Din Jabbar before he killed dozens more.

Twenty-three years ago America sent soldiers, sailors, airmen and Marines overseas to defend us against Jihad. Today, state and local police are being tasked with defending veterans, as well as active duty and reserve soldiers, sailors, airmen and Marines against Jihad, right here on the streets of our cities and towns.

As we travel the country, cops that we talk to are keenly aware that they are now at the tip of the spear.

States must provide their law enforcement and criminal justice personnel with the tools they need to be more effective.

Louisiana has taken many of these steps. State and local law enforcement in Louisiana have received training to identify potential terrorist threats. The Louisiana Legislature has passed various forms of legislation to deter and prevent terrorism as well as provide justice to victims of terror.

Like almost every state, Louisiana created the crime of terrorism in the wake of 9/11. The acts of Shamsud Din Jabbar appear to meet the statutory definition of terrorism in Louisiana. Din Jabbar appears to have committed the “intentional killing of a human being” and the “intentional infliction of serious bodily injury upon a human being” while having “the intent to intimidate or coerce the civilian population.” He intentionally drove a truck into a crowd of revelers while displaying an ISIS flag. He, or his accomplices, might also have committed “aggravated arson upon … a structure” with the same intent.

Although applicable to the despicable acts of Shamsud Din Jabbar, Louisiana’s statute should be improved, including adding additional predicate crimes to protect against attacks on critical infrastructure. Other states have done so.

Terrorists often receive support from others, including from organizations or foreign governments. Comments by officials knowledgeable about the initial investigation of the New Orleans New Year’s Day attack suggest that Din Jabbar did not act alone. Although terrorists, like Din Jabbar, usually die while committing their crimes, those who provide terrorists with material support can be pursued civilly as well as criminally. Louisiana has passed statutes granting terrorism victims special causes of action, including enhanced civil damages, costs, attorneys’ fees, and asset forfeiture, against terrorists and their supporters.

Article 2315.9 of Louisiana Civil Code provides for a special civil cause of action for terrorism that includes “court costs and reasonable attorney fees.” This cause of action would be available to the victims of Din Jabbar and his accomplices.

Article 2315.9 can be strengthened by providing for exemplary damages (as apply to domestic abuse) or by providing for treble damages (as apply to racketeering and unfair trade practices). The prescriptive period could also be extended considering the recent extension of the general tort prescriptive period in Louisiana.

Louisiana also added terrorism and material support of terrorism as predicate crimes for Louisiana’s racketeering statute. That statute, which requires multiple acts, provides for treble damages and asset forfeiture.

Such causes of action facilitate civil suits against terror supporting organizations and state sponsors of terrorism. Civil discovery in those lawsuits can expose terror networks. Florida, Kansas, Tennessee, North Carolina and Arkansas have passed similar laws but none have the added muscle of Louisiana’s state level racketeering feature.

States can also create legal protections for citizens who report suspicions of terrorist activity. Louisiana has not yet done so, although such legislation has been attempted in the past. Both Mississippi and Tennessee have passed such “See Something, Say Something” laws.

State legislation can further empower state attorneys general to shut down non-profits that support, do business with, or associate with terrorists, foreign terrorist organizations, or state sponsors of terror. The Louisiana Legislature could entertain such legislation. Such legislation is currently being drafted for a sister state.

Recidivism rates for terrorists are high. Most do not rehabilitate. Terrorist offender registries, like sex offender registries, can be mandated by legislation to offer law enforcement more tools to prevent convicted terrorists from repeating their crimes. Louisiana passed a terrorism registry in 2019, but under the last administration the State Police failed to implement it. Texas has recently passed and implemented a terrorist offender registry.

In the wake of this latest terrorist attack on Louisiana soil, Louisiana’s state government should take action to protect its citizens, including considering the adoption of multiple policies to prevent another tragedy like the deadly Islamic terrorism attack that just befell our City of New Orleans.