A Summary of 2020 Gun Legislation in Louisiana

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  • RaleighReloader

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    Jan 30, 2015
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    Baton Rouge, LA
    I finally had some time to sit down and read through the bills introduced for Louisiana's 2020 Legislative session. Here's a summary of what I found. Keep in mind that I'm not a lawyer, and while I do my best to imitate one, I'm only convincing part of the time. So, YMMV, and please let me know if you arrive at a different conclusion. I'm not too proud to admit my mistakes.

    I also added in whether I think we should support the bill, oppose it, or the jury is still out.

    House Bill 56 (support): This is essentially constitutional carry. As long as you're at least 21 years old and not otherwise prohibited from owning and possessing a firearm, you can conceal without a permit. Permits would still be issued. See HB686.

    House Bill 72 (support): Another constitutional carry bill. This doesn't have the 21 year old provision, but it does stipulate that "The firearm was not illegally manufactured or obtained by the person." See HB686.

    House Bill 139 (support): Someone that breaks the law prior to their 17th birthday is subject to "special juvenile procedures." This bill would add "aggravated battery committed with a firearm" to the list of offenses that would allow the courts to pursue more conventional juvenile procedures. This is already done for things like murder and such, but I'd love for one of the Louisiana lawyers here to chime in.

    House Bill 140 (support): This removes the caveat in state preemption laws that allows localities to prohibit lawful carry in "certain commercial establishments and public buildings."

    House Bill 147 (OPPOSE): A cluster**** of gun control that allows New Orleans to entirely circumvent state preemption and ban just about everything.[/URL]

    House Bill 159 (support): Would allow nighttime hunting of "outlaw quadrupeds, nutria, and beaver on private property at any time of the year."

    House Bill 250 (support): If enacted, 17 year olds committing a crime while in possession of a firearm could be prosecuted in adult court, at the behest of the District Attorney.

    House Bill 261 (jury is out): A subtle change that defines the unlawful possession of a firearm by a minor. Instead of having to possess it "on their person," they would just have to possess the firearm to be in violation of the law. I think I agree with this, but I'd like to make sure that this wouldn't interfere with a juvenile that is lawfully engaged in shooting sports with a parent or legal guardian.

    House Bill 277 (support): To the list of organizations that can certify CHP instructors, this bill would add the NRA LEO Division, USCCA, the Federal Law Enforcement Training Center, and other instructor programs that are certified by the DPS.

    House Bill 421 (jury is out): A bill further regulating bail bondsmen. Among other things, it would require that a bondsman have a CHP in order to carry a firearm.

    House Bill 452 (jury is out): A bill to expand R.S. 14:95.8. Instead of just outlawing the unlawful possession of a handgun by a juvenile, this bill would expand that to include all firearms. Exemptions are still made for juveniles on private property and those with written permission from their parents / guardians.

    House Bill 471 (OPPOSE): Gary Carter's red flag laws. Back from last year and virtually identical, with the exception that two police officers could no longer petition the court for a red flag warrant; that could only be petitioned for by a DA or ADA.

    House Bill 484 (support): adds CHP permittees to the list of people not prohibited from carrying a concealed weapon in R.S. 14:95.

    House Bill 544 (jury is out): This bill is lengthy and deals with the Domestic Abuse Assistance Act. There's a good bit of verbiage in here about firearms, and I candidly don't know enough about this to comment further. I'd appreciate someone in the know offering a better synopsis.

    House Bill 585 (jury is out): When a person is reported by NICS as ineligible to purchase a firearm, the denial would be reported to the Sheriff (this is the current law), but with the passage of this bill would not be reported to the Louisiana Automated Victim Notification System.

    House Bill 663 (jury is out): This bill makes some extensive alterations to R.S. 17:416, which deals with student discipline in public schools. In terms of guns, it appears to just add a definition of firearms, but someone with more familiarity with the law should read this over.

    House Bill 686 (support): This is the new consolidated Constitutional Carry bill.

    Senate Bill 188 (support): Possession of a firearm by a felon would automatically become a "crime of violence." I believe thta "crimes of violence" have stiffer penalties and punishments.

    Mike
     
    Last edited:

    lesgeaux

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    I rarely read in this area since I am worse than a novice about bills/laws etc. Thank you for taking your time to inform, it does make a difference.
    I read through the last bill, Senate Bill 188, and can't say that I would support it. The author wants to add a crime to what is already a crime, but refuses to define, "certain felonies". If the bill would clearly define what "certain felonies", enumerating such, then to me it would be more clear the intention.
     

    kcinnick

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    I rarely read in this area since I am worse than a novice about bills/laws etc. Thank you for taking your time to inform, it does make a difference.
    I read through the last bill, Senate Bill 188, and can't say that I would support it. The author wants to add a crime to what is already a crime, but refuses to define, "certain felonies". If the bill would clearly define what "certain felonies", enumerating such, then to me it would be more clear the intention.

    Free men should not have their 2A rights taken away from them
     

    RaleighReloader

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    Jan 30, 2015
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    Baton Rouge, LA
    I rarely read in this area since I am worse than a novice about bills/laws etc. Thank you for taking your time to inform, it does make a difference.
    I read through the last bill, Senate Bill 188, and can't say that I would support it. The author wants to add a crime to what is already a crime, but refuses to define, "certain felonies". If the bill would clearly define what "certain felonies", enumerating such, then to me it would be more clear the intention.

    I had the same question that you did ... but since convicted felons already can't possess a firearm, does it really matter? My guess is that "certain felonies" is antiquated language that really just means "felonies," but I'd love for someone with a law degree to chime in.

    If I'm right, what it really boils down to is this: should a convicted felon that is caught in possession of a firearm be charged with a "crime of violence," even if that firearm wasn't used in an overt act of violence against anyone?

    Mike
     

    cyclone1970

    Oldie
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    May 10, 2014
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    Thanks Mike for your time and analysis. I had been concerned that we were overlooking something.
     

    frankinola

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    the 'reform' bill in 2017 had removed it as a crime of violence. there is the 'clean record' bill floating around which may allow any felony which is not a crime of violence to be expunged. beware of that legislation

    I had the same question that you did ... but since convicted felons already can't possess a firearm, does it really matter? My guess is that "certain felonies" is antiquated language that really just means "felonies," but I'd love for someone with a law degree to chime in.

    If I'm right, what it really boils down to is this: should a convicted felon that is caught in possession of a firearm be charged with a "crime of violence," even if that firearm wasn't used in an overt act of violence against anyone?

    Mike
     

    RaleighReloader

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    Baton Rouge, LA
    Hey guys, I just added some more legislation, including the new consolidated Constitutional Carry bill. It contains two edits I suggested to the bill authors and, in my opinion, is tight.

    Mike
     

    georg jetson

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    Apr 19, 2012
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    Free men should not have their 2A rights taken away from them

    Agreed. If someone does their time their rights should be returned immediately upon release. If someone shouldn't have a firearm then they should be behind bars. A firearm isn't the only way to violate other's rights.

    Something many don't realize is that in order to violate a convicts rights who has paid his debt, you must also violate my right of presumption of innocence by making me prove that I'm not a convict who has or has not paid his debt.

    Proposed new La Constitutional Amdmt for Const Carry

    The State has no authority to regulate any arms carried in any manner by anyone not lawfully in the State's custody.
     
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