HB488- expands "prohibited persons". Helena Moreano's bill.

[herohog]

Source: NRA-ILA

Current Louisiana law (R.S. 14:35.3) designates any crime of violence in R.S. 14:2(B) committed by one household member against another as an act of domestic abuse for consideration in any civil or criminal proceeding. HB 488 would add any offense involving the use of force or the threat of the use of force to the list of offenses for which a conviction would result in a prohibition on the possession of firearms for 10 years under state law and a permanent prohibition under federal law.

Federal law 18 U.S.C. Section 922(a)(33)(A) limits a firearms prohibition to convictions for misdemeanor crimes of domestic violence that have, as an element, the use or attempted use of force or the threatened use of a deadly weapon.
HB 488 includes stalking, which doesn’t require any actual force or even a direct threat, among offenses for which a conviction would result in a prohibition on the possession of firearms for 10 years. There is no comparable provision in federal law.

“Stalking” under R.S. 14:40.2(C)(1) & (2) could include harassment via telephone, electronic mail, sending messages via a third party or sending letters or pictures. No physical contact need take place.
R.S. 14:40.2(B)(2)(A) already provides for felony penalties – and an accompanying 10-year disqualifier on firearms possession – for individuals convicted of the most serious forms of stalking: anyone who is found by a judge or jury to have, beyond a reasonable doubt, placed the victim in fear of death or bodily injury by the actual use or possession of a dangerous weapon OR found beyond a reasonable doubt to have placed the victim in reasonable fear of death or bodily injury.

HB 488 expands the relationships that would factor into a designation of an offense as “domestic abuse” – which would trigger a 10-year firearms prohibition upon conviction – to include a "dating partner." This could potentially include any person that an individual has ever had a "social relationship of a romantic or intimate nature."

Federal law limits application of the firearms prohibition to misdemeanor crimes of domestic violence committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim.
Please contact the below members of the Criminal Justice Committee and urge them to oppose this far-reaching measure.

Key Criminal Justice Committee Members:
Chairman Joe Lopinto (R-Metairie)
lopintoj@legis.la.gov
(504) 838-5430

Rep. Chris Hazel (R-Pineville)
hazelc@legis.la.gov
(318) 767-6082

Rep. Frank Howard (R-Many)
howardf@legis.la.gov
(318) 256-4135

Rep. Steve Pylant (R-Winnsboro)
pylants@legis.la.gov
(318) 435-7313

Rep. Valarie Hodges (R-Denham Springs)
hodgesv@legis.la.gov
(225) 791-2199

Rep. Sherman Mack (R-Livingston)
macks@legis.la.gov
(225) 686-3887

Rep. Brian Adams (R-Gretna)
adamsb@legis.la.gov
(504) 361-6013

Rep. Terry Brown (I-Colfax)
browntr@legis.la.gov
(855) 261-6566

Rep. Mickey Guillory (D-Eunice)
larep041@legis.la.gov

 

[herohog]

The bill was voted down 8-7 in committee today, BUT, Moreno IS going to re-introduce it (she as much as said so after the vote.) There were not many opponents there today, but there were a LOT of proponents. WE NEED MORE PEOPLE THERE WHEN IT IS REINTRODUCED TO STAND IN OPPOSITION TO IT. The proponents were well organized, they told their stories, and until the vote was taken, I thought we were going to lose.
The Reps need to see the room filled up with opponents of the bill. If not, next time, I don't think we will be so lucky.
The session closes in the first week of June, I think. That is about 5-6 more weeks in which it can be reintroduced. I am certain Moreno will reintroduce it.

May we please use this quote in our newsletter as well? All of our previous newsletters are available online on our website should you want to see a sample first.

 

[bjeepin2]

The bill was voted down 8-7 in committee today, BUT, Moreno IS going to re-introduce it (she as much as said so after the vote.) There were not many opponents there today, but there were a LOT of proponents. WE NEED MORE PEOPLE THERE WHEN IT IS REINTRODUCED TO STAND IN OPPOSITION TO IT. The proponents were well organized, they told their stories, and until the vote was taken, I thought we were going to lose.
The Reps need to see the room filled up with opponents of the bill. If not, next time, I don't think we will be so lucky.
The session closes in the first week of June, I think. That is about 5-6 more weeks in which it can be reintroduced. I am certain Moreno will reintroduce it.

do they have a list of the names who voted yea or nay

 

[herohog]

Not that I have been able to find... yet.

 

[Clockwatcher68]

do they have a list of the names who voted yea or nay

I would like to know the names of the Bloomberg 7 as well.

 

[tbone]

Start here.
http://www.legis.la.gov/legis/Home.aspx

Click on Broadcast Archives on the left panel of the page to go here.
http://house.louisiana.gov/H_Video/2015/Apr2015.htm

Click on Record and Roll Call Vote to go here.
http://house.louisiana.gov/H_CmteRecordRolCallVotes/RollCallVotes/ACRJ_04292015.pdf

HB488 by MORENO
Provides relative to domestic abuse
Motion made by: Moreno, Helena
Motion: With Amendments
Vote: 7-8
Vote Date: 4/29/2015 12:39:48 PM
Objection by: Lopinto, Joseph P.

Nay

Lopinto, Joseph P. (R) Metairie
Adams, Bryan (R) Gretna
Brown, Terry R. (I) Colfax
Hazel, Lowell C. "Chris" (R) Pineville
Hodges, Valarie (R) Denham Springs
Howard, Frank A. (R) Many
Mack, Sherman Q. (R) Livingston
Pylant, Steve E. (R) Winnsboro

Yea

Moreno, Helena (D) New Orleans
Badon, Austin (D) New Orleans
Burrell, Roy (D) Shreveport
Guillory, Mickey J. (D) Eunice
Honoré, Dalton (D) Baton Rouge
Landry, Terry (D) New Iberia
Norton, Barbara M. (D) Shreveport

 

[herohog]

Thank you for finding this! Linking to this thread in the LOCAL Newsletter.

 

[Nathan Hale]

x

 

[Emperor]

It is very unfortunate that these Black democrats have absolutely no confidence whatsoever in their constituents ability to be responsible gun owners and share in their own Right to bear arms.

Funny how they hold Amendment 1 so near and dear, and then jump right over #2, to the next one that fits their marching orders and their puppet master's narrative. If I were black, and still of my current mind; I would be more incensed by this pandering than I am now, being white. This stuff is criminal!

Yea

Moreno, Helena (D) New Orleans
Badon, Austin (D) New Orleans
Burrell, Roy (D) Shreveport
Guillory, Mickey J. (D) Eunice
Honoré, Dalton (D) Baton Rouge
Landry, Terry (D) New Iberia
Norton, Barbara M. (D) Shreveport

 

[herohog]

You have to remember that Shreveport's mayor once claimed that "Any time a motorist is stopped by a police officer, insists Shreveport, Louisiana Mayor Cedric Glover, 'Your rights ... have been suspended.' " http://freedominourtime.blogspot.com/2009/06/totalitarianism-in-one-city-shreveports.html This is the mind-set I live under. Luckily the Shreveport police are polite, knowledgeable and have always treated me well in the very few interactions I have had with them, yes, even when I am openly carrying. The same can be said for the many businesses I have been in while carrying openly here in town.

All that said, we will fight this insanity tooth and nail!

 

[Clockwatcher68]

Yes, that is exactly what it felt like in the room to those of us that were there and spoke against it. That is what they are counting on: if you oppose this bill, well then you must be in favor of going easy on those accused of domestic violence.
They are attempting to silence others by making it shameful to oppose their position.
And yes, they are trying to chisel away more and more.
Next time this bill comes up, please attend the hearing.

It's always the same. There are already laws against domestic violence. It's not about protecting victims of domestic violence. The criminals that disregard the domestic violence laws will pay no attention to gun laws. It's just another baby-step toward their ultimate goal of eradicating the 2nd amendment.

 

[Nathan Hale]

x

 

[tbone]

It is very unfortunate that these Black democrats have absolutely no confidence whatsoever in their constituents ability to be responsible gun owners and share in their own Right to bear arms.

Funny how they hold Amendment 1 so near and dear, and then jump right over #2, to the next one that fits their marching orders and their puppet master's narrative. If I were black, and still of my current mind; I would be more incensed by this pandering than I am now, being white. This stuff is criminal!

Yea

Moreno, Helena (D) New Orleans
Badon, Austin (D) New Orleans
Burrell, Roy (D) Shreveport
Guillory, Mickey J. (D) Eunice
Honoré, Dalton (D) Baton Rouge
Landry, Terry (D) New Iberia
Norton, Barbara M. (D) Shreveport

I was thinking along the same lines although this Mickey Guillory from Eunice doesn't look like an African American Democrat. He does have a horrible looking toupee, though.

http://house.louisiana.gov/H_Reps/members.asp?ID=41

 

[tim9lives]

Yep...The Democrats just don't get it with their logic on firearms. They are in denial....Its the bad people...not the scary guns.

 

[Gerberman]

www.legis.la.gov/legis/ViewDocument.aspx?d=936330



link to the bill.