Abbeville gun law???

gatordrag · Oct 31, 2014

Just a Little update on this. I have challenged this ordinance, I have spoke with KATC for an interview and they are looking into this, I may need some backup when I go forward with this to the city council to have it removed.

Statements I got were ...City Attorney says "it would cost us too much to remove it, its just easier to leave it and not charge anyone with a crime" Mayors Secretary says "we wont remove it just because one person asks us too"....

Well it wont be just me asking as soon as this story airs

Nathan Hale · Nov 1, 2014

Abbeville needs to be taken to court over this. This ordinance would not have passed constitutional muster under the old Article 1, sec. 11; there is no way it will stand up to constitutional review under the new Article 1, sec. 11. (Preemption does not make an ordinance exempt from the constitution.)
It really is annoying to have something like this on the books. A town/city like Abbeville is not a kingdom unto itself.

JBP55 · Nov 1, 2014

gatordrag said:
Just a Little update on this. I have challenged this ordinance, I have spoke with KATC for an interview and they are looking into this, I may need some backup when I go forward with this to the city council to have it removed.

Statements I got were ...City Attorney says "it would cost us too much to remove it, its just easier to leave it and not charge anyone with a crime" Mayors Secretary says "we wont remove it just because one person asks us too"....

The City Attorney writes or copies a new Ordinance from another Municipality which replaces the old Ordinance and it is voted on by the City Council. The City Attorney can research Ordinances from other Municipalities until he finds one he likes. He can copy and change the name of the City on the new Ordinance. Very easy and very simple.
More vocal people supporting you at the Council meeting would be a big help in getting this done.

cajun_64 · Nov 1, 2014

Our own state changes laws each session... they never remove them.... If you don't read the correct line, chances are it is wrong... This law is not valid today, and I am sure there are a library full of laws in the same boat both locally and and on the state level.

Not a battle I want to fight. There are too many other battles, imho

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Nathan Hale · Nov 2, 2014

cajun_64 said:
Our own state changes laws each session... they never remove them.... If you don't read the correct line, chances are it is wrong... This law is not valid today, and I am sure there are a library full of laws in the same boat both locally and and on the state level.

Not a battle I want to fight. There are too many other battles, imho

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Has it been repealed, superseded or declared unconstitutional by a court? If so, I am not aware.

cajun_64 · Nov 2, 2014

Nathan Hale said:
Has it been repealed, superseded or declared unconstitutional by a court? If so, I am not aware.

I believe, it has been superceded by the sate law that says it supercedes all other laws on the matter.... no?

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Nathan Hale · Nov 3, 2014

However, ordinances passed BEFORE July 15, 1985 can be more restrictive than state law (that is in the preemption statute); BUT, those ordinances are still subject to the state constitution. (That is, they are subject to constitutional review; they DO NOT preempt the constitution.)

cajun_64 · Nov 3, 2014

Nathan Hale said:
However, ordinances passed BEFORE July 15, 1985 can be more restrictive than state law (that is in the preemption statute); BUT, those ordinances are still subject to the state constitution. (That is, they are subject to constitutional review; they DO NOT preempt the constitution.)

Then I suggest you take them to court then

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Nathan Hale · Nov 4, 2014

If I were a defendant, I would. If I lived in or around Abbeville I would try to find a way without being a defendant.

gatordrag · Nov 17, 2014

The news story aired last night http://www.thepetitionsite.com/578/...inance-13-21-illegal-possession-of-a-firearm/
I am also on the agenda for the Abbeville City council meeting tomorrow afternoon at 5:30 at Abbeville city hall and I would like to invite everyone of you out to join me. Remember there is power in numbers!

charlie12 · Nov 17, 2014

Let us know how it goes

gatordrag · Nov 17, 2014

Sorry wrong link http://www.katc.com/news/carrying-a-gun-is-illegal-in-some-acadiana-cities/

Abbeville gun law???

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