Town of Abita Springs is Talking Weapons

January 16 Public Meeting

STPHomie said:

On Nov 28, 2017 the subject of weapons was brought up at a town council meeting by unnamed local residents.View attachment 75238

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I'm pretty sure Abita's Town Council meetings have an open mic time for public comment. It would not be surprising for someone to bring up this subject at their 6 pm meeting Tuesday the 16th.

Though it was most recently from their public committee meeting, the same people probably will be at the Town Council meeting on the 16th.

LSA Seeking AG Opinion

nolaradio said:

Erin Luper is the NRA-ILA Liaison for Louisiana. ELuper@nrahq.org
Dan Zelenca (president of the LSA) is here in the forum as dzlelnka.

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LSA replied to the alderman's FB post.

Jan 2 Meeting Minutes

STPHomie said:

I'm waiting for meeting minutes.

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The minutes are available. Below is from the minutes. The complete document is attached.View attachment Abita180102_Mins.pdf

Alderman Berrigan yielded to Alderman Curtis for a discussion of weapons on Town property. Alderman Curtis expressed his concern regarding whether the Town is “covered legally” by Town ordinances when someone working for the Town is carrying a weapon, whether permitted or not, and questioned whether they should be doing so while working for the Town. Mayor Pro Tem Kilpatrick-Harper commented that the issue has been raised before and that the Town Attorney Edward Deano was asked to prepare something. The Mayor Pro Tem explained that she has been approached with questions related to the carrying of weapons at certain places, whether it be the Town Hall or the park. Mayor Pro Tem Kilpatrick-Harper directed conversation toward Mr. Deano relating to whether all of Town property is an extension of the governmental main building and referred to Alderman Curtis mentioning not only residents but employees also. She added that she has received several comments from the public about carrying of weapons. Mr. Deano responded with his opinion saying that it seems that the state laws, strictly on the point about Town property, allow a Town to adopt ordinances dealing with the possession of firearms on Town property. Alderman Curtis asked the attorney if his understanding regarding a Town’s ability to make a stricter law is correct. Mr. Deano responded that the statute preempts local law on firearms and creates a specific exception for regulating the possession of firearms on Town property. The Mayor Pro Tem asked the Counselor for his recommendation regarding the next step and enumerated options such as further discussion of a possible ordinance or would a posting be adequate. Mr. Deano clarified stating that an ordinance would be necessary. Mayor Pro Tem Kilpatrick-Harper summarized certain liberties Louisiana residents possess including open carry of firearms and informed attendees that this is not something she takes lightly adding that “the right to bear arms is your right.” Alderman Curtis turned the discussion back to Town employees and current policy related to Town property. Committee Chair Berrigan asked Mr. Deano to draft an ordinance stating that the Town’s property including the Park, Town Hall, and Maintenance Barn, shall be a weapons free zone and excepted the Sheriff’s Office. He followed up with a question to the Board asking, “is that where we’re going?”. Alderman Curtis said his biggest concern is employees. Mr. Deano recommended that someone author it; after that the proposal could then be brought to committee for discussion. Mayor Pro Tem Kilpatrick-Harper advised that while doing research she found an East Baton Rouge Parish ordinance which she offered to access. Alderman Curtis agreed to work on something to present. Aldermen Curtis, Berrigan, Mr. Deano and Mayor Pro Tem Kilpatrick Harper discussed points the ordinance might include. Alderman Curtis commented that it would be more general than a prohibition on carry by employees. Mayor Pro Tem Kilpatrick-Harper added that the Town’s law would prohibit carry in governmental zones except by peace officers. Communicating with Alderman Curtis the Mayor Pro Tem confirmed that he would work on something with Mr. Deano to present for consideration at the February Public Committee Meeting for further discussion. Alderman Curtis agreed. With a call for public comment, Lee Barrios reminded the Board that this is a constitutional issue and is nuanced, asking what is the definition of “town property.” Mike Norman addressed the Board quoting from the Louisiana State Constitution, saying that the right to keep and bear arms is fundamental and any law or ordinance seeking to infringe upon that right, will be held to strict scrutiny. Mr. Norman added that it is likely that any ordinance passed will be challenged in court and would be a burden to the Town financially.

Jan 16 Town Council Meeting

From the Open/Announcements portion of Abita Springs' Town Council meeting on January 16, 2018. Meeting minutes are attached.

"Local resident Stewart Eastman addressed the Board regarding the possession of firearms. Mr. Eastman reported that Slidell passed legislation regarding the topic and suggested that the Town might benefit from a review of the law."

View attachment AbitaJan2018TownCouncilMins.pdf

Possibly the Document

This sneak peak at what might be the ordinance to be proposed in Abita was posted by an individual on FaceBook. I did not get this from an official town source, but here it is.

INSTRUMENT NUMBER #_____________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE TOWN OF ABITA SPRINGS BY ADDING SECTION 7-405.1 TO PROHIBIT THE POSSESSION OF FIREARMS AT CERTAIN LOCATIONS, TO ESTABLISH EXCEPTIONS THERE TO AND TO PROVIDE FOR RELATED MATTERS

BE IT ORDAINED that the code of ordinances for the Town of Abita Springs is amended by adding there to section 7-405.1 to read as follows:

Section 7-405.1 Possession of Firearms Prohibited in Certain Places; exceptions

A. It is unlawful for any person to possess a firearm or dangerous weapon as defined in La.R.S. 14:2 in the following locations:
1. Any administrative office buildings of the Town of Abita Springs;
2. Any buildings and grounds situated on the trailhead campus.

B. Exceptions
This Section shall not apply to:
1. A federal law enforcement officer or a Louisiana commissioned state or local post certified law enforcement officer who is authorized to carry a firearm.
2. Any constitutionally protected activity which cannot be regulated by local government, such as a firearm contained entirely within a motor vehicle.

C. For the purpose of this section, a firearm is defined as any pistol, revolver, rifle, shotgun, machine gun, or assault rifle, which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

Ordinance introduced on motion of Alderman Dan Curtis, seconded by Alderman _ on the day of January, 2018.
Ordinance adopted on motion of ___________________________________, and seconded by
_____________________________ on __________ day of ________________________ 2018.

Who wants a new motorcycle?

They seem to be trying to be cute. Section B2 of the ordinance nullifies it and makes it just sabre rattling. Also noticed how they included "assault rifles" as if the general term "rifles" did not cover it.

Feb 6 2018 meeting

It's the 1st thing on the agenda for the Tuesday Feb 6 2018 Public Committee meeting.

"Update - Possession of firearms on Town property"

Agenda is attached.

View attachment Abita180206Agenda.pdf

Meeting Reminder

Trying to make this one also. I'll know by noon if I can.

I've been spreading this around. My kids principal took the older kids (7th-8th graders) to the town hall meeting this evening regarding this. I just thought that was pretty cool, even though we don't live around abita.

I would guess that crime will go down once the criminals get word of this


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Templar said:

I've been spreading this around. My kids principal took the older kids (7th-8th graders) to the town hall meeting this evening regarding this. I just thought that was pretty cool, even though we don't live around abita.

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Those kids saw politics in action tonight, and much of it wasn't pretty.

Before the public comment period, the mayor pro tem (Gina Kilpatrick Harper) launched into a very long and boring diatribe extolling the virtues of each alderman in the room. I didn't really understand how her speech was relevant to the agenda item though. I think her speech wore down many in the audience and greatly reduced public input.

leadslinger972 said:

Who wants a new motorcycle?

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He needs a new one.

Apparently the draft ordinance will be part of a request for an AG opinion.

STPHomie said:

This sneak peak at what might be the ordinance to be proposed in Abita was posted by an individual on FaceBook. I did not get this from an official town source, but here it is.

INSTRUMENT NUMBER #_____________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE TOWN OF ABITA SPRINGS BY ADDING SECTION 7-405.1 TO PROHIBIT THE POSSESSION OF FIREARMS AT CERTAIN LOCATIONS, TO ESTABLISH EXCEPTIONS THERE TO AND TO PROVIDE FOR RELATED MATTERS

BE IT ORDAINED that the code of ordinances for the Town of Abita Springs is amended by adding there to section 7-405.1 to read as follows:

Section 7-405.1 Possession of Firearms Prohibited in Certain Places; exceptions

A. It is unlawful for any person to possess a firearm or dangerous weapon as defined in La.R.S. 14:2 in the following locations:
1. Any administrative office buildings of the Town of Abita Springs;
2. Any buildings and grounds situated on the trailhead campus.

B. Exceptions
This Section shall not apply to:
1. A federal law enforcement officer or a Louisiana commissioned state or local post certified law enforcement officer who is authorized to carry a firearm.
2. Any constitutionally protected activity which cannot be regulated by local government, such as a firearm contained entirely within a motor vehicle.

C. For the purpose of this section, a firearm is defined as any pistol, revolver, rifle, shotgun, machine gun, or assault rifle, which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

Ordinance introduced on motion of Alderman Dan Curtis, seconded by Alderman _ on the day of January, 2018.
Ordinance adopted on motion of ___________________________________, and seconded by
_____________________________ on __________ day of ________________________ 2018.

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charlie12 said:

He needs a new one.

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Can someone point me to the thread discussing the motorcycle?

Sent from the Bayou Bunker Command Center, Portable Unit #33, FEMA Region 6.

nolaradio said:

Can someone point me to the thread discussing the motorcycle?

Sent from the Bayou Bunker Command Center, Portable Unit #33, FEMA Region 6.

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It's not a thread...

That's Mark Marchiafava.

Google his name, and you will see the douchebaggery unfold.

leadslinger972 said:

It's not a thread...

That's Mark Marchiafava.

Google his name, and you will see the douchebaggery unfold.

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Will do. Thanks.

STPHomie said:

B. Exceptions
This Section shall not apply to:
1. A federal law enforcement officer or a Louisiana commissioned state or local post certified law enforcement officer who is authorized to carry a firearm.
2. Any constitutionally protected activity which cannot be regulated by local government, such as a firearm contained entirely within a motor vehicle.

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They are thinking long term with that statement. Most things that take place within city limits are being governed by said township. Want to have a rally, need a permit. Beyond the whole of the second amendment, people dont realize how much freedom we lose daily to these people... all for the good of the community, of course.

leadslinger972 said:

It's not a thread...

That's Mark Marchiafava.

Google his name, and you will see the douchebaggery unfold.

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Douchebaggery? His civil rights were violated. He sued and won. Who among you would not have done the same? GPD has a habit of violating people's rights.

Three+ years ago my future Son in Law was stopped at a red light in Gonzales. GPD rammed him from behind, broke his neck and totaled his vehicle. He was a plant worker and can no longer work at his trade. GPD refuses to settle and is fighting him in court.