SB76 - Would make all hospitals in LA gun free zones?

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  • whitsend

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    Sep 6, 2009
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    Transylvania, LA
    http://www.legis.la.gov/legis/BillInfo.aspx?i=233293


    I stumbled across the bill today and it looks like it could just slip right through and make ALL hospitals in LA gun free zones.
    It has already passed the Senate and is headed to the House.
    No questions or discussion in committee or on the Senate floor.
    Unapposed, so your Senator voted for it or was absent (Martinny and Peterson).

    I called my Representative Andy Anders and voiced my opposition to this bill. The lady I spoke with was not aware of this bill and seemed amazed that it passed through the Senate so smoothly.
    Call you Representative today and ask them to oppose this bill, or amend it to remove the last part of the final sentence "and any firearm or other instrumentality customarily considered a dangerous weapon."


    It changes current law related to taking contraband in state-owned hospitals, and applies it to all hospitals. In the law "any firearm" is considered contraband.

    I can't speak to the intent of the author, but in both committee and on the Senate floor, he only spoke about this preventing people from bringing in drugs to hospitals. And since we don't have any state owned hospitals, he now wants to just apply it to all hospitals.

    This would make it "unlawful for any person to introduce or attempt to introduce into or upon the grounds or buildings of any hospital or related facility, except through regular channels as authorized by the administrator of the hospital, any of the following articles which are hereby declared contraband", " any firearm or other instrumentality customarily considered a dangerous weapon".
    IANAL, but it seems to me that this would not meet the strict scrutiny standard of the Louisiana Constitution.

    Video is available of Committee and Senate Floor presentations.
    Health and Welfare Committee March 14, 2018. Starts at 19:40 goes to 23:15.
    http://senate.la.gov/video/videoarchive.asp?v=senate/2018/03/031418H~W_0

    Full Senate. Starts at 2:13:18 ends 2:14:11, less that one minutes to pass the Senate. 37 yeas, 0 Nays, 2 Absent.
    http://senate.la.gov/video/videoarchive.asp?v=senate/2018/03/031918SCHAMB_0


    Current law:
    RS 14:402.1 - Taking of contraband to state-owned hospitals unlawful; penalty

    A. It shall be unlawful for any person to introduce or attempt to introduce into or upon the grounds or buildings of any state-owned and administered hospital or related facility, except through regular channels as authorized by the administrator of the hospital, any of the following articles which are hereby declared contraband for the purposes of this Part, namely: Any intoxicating beverage or beverage which causes or may cause an intoxicating effect; any narcotic or hypnotic or exciting drug of whatever kind or nature including nasal inhalators of any variety, sleeping pills or barbiturates of any variety that create or may create a hypnotic effect if taken internally; and any firearm or other instrumentality customarily considered a dangerous weapon.

    B. Whoever violates any provision of this Section shall upon conviction be imprisoned with or without hard labor for not more than three years.

    Added by Acts 1962, No. 383, §1; Acts 2001, No. 403, §1, eff. June 15, 2001.
     

    leadslinger972

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    Why is this bad though, most hospitals already have signs saying they’re gun-weapon free zones?

    It would now be a criminal offense on privately owned hospitals.

    There was an incident a few days ago at a local hospital with a patients family member failing to conceal his weapon. When he bent over, his handgun was completely exposed, it alarmed the staff, and security was called. I'm unsure if they asked him to leave or if he was asked to put the gun is his vehicle. If the bill passes, law enforcement could have been called and potentially arrested him for illegally carrying a firearm on hospital grounds. That would land jail time.
     

    whitsend

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    Why is this bad though, most hospitals already have signs saying they’re gun-weapon free zones?

    Government mandated firearm free zones are always a bad thing.

    I've heard it said many time that most hospitals already have signs, but I work in hospitals all the time and can only think of one clinic that I work in that has a sign.
    It may be different in urban areas, but in rural LA most hospitals and clinics allow firearms.

    Why should I have to give up my right to protect myself just because I'm working in a hospital?
    Besides, I don't think the state has a "compelling governmental interest" in whether or not a private hospital chooses to allow firearms. And it is definitely not "narrowly tailored" since it would cover "the grounds or buildings of any hospital or related facility"
     

    krotsman

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    It's already illegal to have illegal drugs or illegal weapons in or out of a hospital... They want to make it illegal to bring booze, a legal substance, and legally carried weapons, into a hospital. Do these guys get paid per bill they file????
     

    whitsend

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    Transylvania, LA
    I called my Representative Andy Anders, sent emails to another area Representative and the LSA, talked with a hospital CFO who will be contacting the Representatives from his parish, and spread the word to several friends.

    Make those calls, send those emails, and pass the word around.

    Oppose SB76
     
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