Source: NRA-ILA
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
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