N.O. City Council to Consider Local Gun Ban Law

[XD-GEM]

This morning at 10am, the City Council will take up a proposed ordinance banning all firearms in certain areas of the city. This is a blatant violation of state law RS 40:1796, the firearms pre-emption statute.

If anyone can go speak at the meeting, please do so. If not, write to all councilmembers and contact the NRA.

http://www.nocitycouncil.com/newsfiles/2009/2009Aug19FielkowLegislationBanningWeapons.pdf

New Orleans, LA - August 19, 2009 - Council
President Arnie Fielkow will introduce
legislation Thursday, which aims to ban illegal
possession of firearms or weapons in public
buildings and within 1,000 feet of recreational
facilities, as a response to the near-tragic,
Aug. 10 shooting at the New Orleans
Recreation Department's (NORD) St. Bernard
Community Center.
Council President Fielkow, in an effort to
make the city's parks and recreational
facilities safer, will introduce an ordinance
for first reading that would make it illegal for
anyone to possess "any weapon or firearm, ammunition or components
of firearms or ammunition, while in a public building," other than a law
enforcement officer or any other persons duly authorized to carry
weapons. Any person who is convicted of a violation of this section shall
be fined a penalty of $500 and imprisoned for six months, the maximum
allowed under municipal law. The ordinance also would make it illegal
for any person, other than law enforcement or other authorized persons,
to possess or utilize weaponry within 1,000 feet of a recreational
facility.
Recreational facilities are defined as any "public or privately owned and/
or operated facility which is authorized, permitted or licensed for the
conduct of picnics, athletic or similar leisure activities, including but not
limited to: parks, playgrounds, swimming facilities, gymnasiums,
stadiums and community and neighborhood centers."
"The drive-by shooting at NORD's St. Bernard Community Center last
week is a disturbing example of how far criminals have descended in
their utter lack of compassion and concern for their fellow humans," said
Fielkow.
"Three people were shot - thankfully not fatally - while coaches were
gathered in the NORD center. We are extremely fortunate we are not,
this week, burying dozens of our city's children."
"We as leaders must maximize the penalties for any callous person
willing to employ a weapon in the vicinity of a public building, park or
recreational facility," Fielkow said.
As a matter of procedure, once introduced, the earliest this legislation
could be up for passage by a full vote of the council would be at the
Sept. 3 council meeting.
In conjunction with the ordinance, Council President Fielkow is
additionally filing a resolution urging the Louisiana Legislature to allow
all municipalities to pass more stringent laws to address the violent
crime and the abhorrent threat of violent crime against New Orleans
youth.
"The city is largely pre-empted by state law when it comes to enacting
legislation involving weapons use, which contributes to violent crime,"
said Fielkow. "For that reason, I am proposing the City Council pass the
maximum penalty we are allowed to impose and, by resolution, ask that
the Legislature pass additional laws next spring in an effort to deter
violence against our city's most precious asset - our youth."

 

[Bearco]

What a buffoon!

 

[homeslice]

Thanks for the heads up, e-mailed and forwarded the link on to my other 2A friends.

 

[Gus McCrae]

Really? How is that going to prevent a drive by again?

 

[BRLAShooter]

Really? How is that going to prevent a drive by again?

The people with guns will have to have better aim, because we all know that once someone enacts a "1000 ft law", the BG's aren't going to go within the designated 'protected area'. Basically, it'll be drive-by sniping now.

 

[LouisianaCarry]

I'm sure the criminals will respect this law. As long as it is clearly worded and they let people know about it in the paper, they will have to obey it.

 

[Speedlace]

No new laws are needed.
Just prosecute using the laws already on the books.

I'm sure the criminals will respect this law. As long as it is clearly worded and they let people know about it in the paper, they will have to obey it.

We all know how Lil' Trey, Bo-Bo, and Slick love to read the newspaper.

They get the The Times-Picayune delivered to their stoop in the projects every morning.

 

[penguin]

She's wearing a birthday pin...lol

 

[dzelenka]

Rob Couhig tipped me off to this last night. It will be introduced today, but I don't think that it gets heard or voted on until September 3rd. The following was my response to Rob:

Idiot. He is trying to grandstand to take advantage of a near tragedy. There are myriad problems with his proposal, not the least of which is that it would not have affected the occurrence about which he is complaining one iota. He wants to outlaw the illegal possession of weapons within 1000’ of a recreational facility. News flash! Illegal possession is already illegal by definition. Does he now want to try and extend that prohibition to those who legally possess firearms? That isn’t what he said, but who knows his real intention. He is complaining about a drive by shooting. Any law he passes cannot affect the possession of firearms within a privately owned vehicle. It is a constitutionally protected activity (LA Art. I, Sec. 11). Nor could his law affect the possession of firearms that are carried openly in public as this is also a constitutionally protected activity (Id.). The only activity that is not constitutionally protected in the state of Louisiana is the illegal concealed carry of firearms which is already prohibited under La. R.S. 14:95. Penalties for violation of R.S. 14:95 are set forth in Section B.(1) which provides: Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both. What, pray tell does Mr. Fielkow think he is going to accomplish? Everything that he wants to prohibit is already illegal under state law, and the council is preempted by La. R.S. 40:1796 from enacting any ordinance or regulation that is more restrictive than state law. Does the Council have so little to do that it can waste time on political grandstanding and useless legislation?

Councilman Carter works for my firm. I will have a sit down with him when I get into the office next week.

Dan

 

[XD-GEM]

Rob Couhig tipped me off to this last night. It will be introduced today, but I don't think that it gets heard or voted on until September 3rd. The following was my response to Rob:

Idiot. He is trying to grandstand to take advantage of a near tragedy. There are myriad problems with his proposal, not the least of which is that it would not have affected the occurrence about which he is complaining one iota. He wants to outlaw the illegal possession of weapons within 1000’ of a recreational facility. News flash! Illegal possession is already illegal by definition. Does he now want to try and extend that prohibition to those who legally possess firearms? That isn’t what he said, but who knows his real intention. He is complaining about a drive by shooting. Any law he passes cannot affect the possession of firearms within a privately owned vehicle. It is a constitutionally protected activity (LA Art. I, Sec. 11). Nor could his law affect the possession of firearms that are carried openly in public as this is also a constitutionally protected activity (Id.). The only activity that is not constitutionally protected in the state of Louisiana is the illegal concealed carry of firearms which is already prohibited under La. R.S. 14:95. Penalties for violation of R.S. 14:95 are set forth in Section B.(1) which provides: Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both. What, pray tell does Mr. Fielkow think he is going to accomplish? Everything that he wants to prohibit is already illegal under state law, and the council is preempted by La. R.S. 40:1796 from enacting any ordinance or regulation that is more restrictive than state law. Does the Council have so little to do that it can waste time on political grandstanding and useless legislation?

Councilman Carter works for my firm. I will have a sit down with him when I get into the office next week.

Dan

Excellent response, Dan. Councilman Carter is my Councilman (I live in Algiers). He has never impressed me as being interested in gun rights; but if you can persuade him that this is utter foolishness, it will help greatly. I e-mailed the News Director at WWL-TV about the illegality of the proposal and noted its similarity to stuff that has gone down in Pennsylvania, ultimately being ruled against by their Supreme Court.

This city is in dire financial straits as it is and can ill afford to face yet another expensive lawsuit - which will surely follow the passage of this ordinance.

 

[CajunTim]

"aims to ban illegal
possession of firearms or weapons in public
buildings"

isnt it already banned/illegal?

 

[oleheat]

Hey! Here's a novel idea- how about passing a law that makes it illegal for convicted felons to have guns!
Wait- that's already a law?? Coulda fooled me.....

 

[XD-GEM]

This law will be as effective as passing a law prohibiting criminals from ever coming within city limits.

 

[aroundlsu]

Good way to keep the fingers off the triggers in that first pic of the wanna be gangster! I know how hard it is to keep safe when dual wielding.

 

[Jimmy Dean]

In the original article, it mentioned that this does not apply to people duly authorized by law to carry...

so where is the problem? Most of us are duly authorized by law to carry firearms at these places via LA constitution., and the CCW laws, so, it you could argue that this will have zero effect on people who are already legally carrying in those places.....just a thought for someone smarter to run with

 

[homeslice]

In the original article, it mentioned that this does not apply to people duly authorized by law to carry...

so where is the problem? Most of us are duly authorized by law to carry firearms at these places via LA constitution., and the CCW laws, so, it you could argue that this will have zero effect on people who are already legally carrying in those places.....just a thought for someone smarter to run with

You're missing the point. This law is completely unnecessary and is taking advantage of the public's ignorance by using recent events to push law.

"Never let good crisis go to waste" ????

 

[nickatnite]

In the original article, it mentioned that this does not apply to people duly authorized by law to carry...

so where is the problem? Most of us are duly authorized by law to carry firearms at these places via LA constitution., and the CCW laws, so, it you could argue that this will have zero effect on people who are already legally carrying in those places.....just a thought for someone smarter to run with

Dood,

Not to come down TOO hard on you but to smack you around....

Remember Katrina?

In New Orleans, the laws are what THEY say they are, they could give a rats arse about the LA Constitution...

 

[ofcmetz]

Can we ban politicians from 1000' of recreational areas. I think that would help things greatly.

Oh, and last I checked. There is already a state law against Assualt by drive by shooting.

Idiot councilmen.

 

[dzelenka]

Actually, I am unsure if this ordinance violates the preemption statute. Take a look at it. It only prohibits illegally carried weapons and the penalty tracks 14:95. By definition, this ordinance may not be more restrictive than the existing state law. Therefore, it may be legal. I have a copy of the ordinance in my email. I will read it carefully and get back to everyone with a plan for response.

 

[spanky]

So they're going to tell people they can't do what the state already disallows?