La Gun Ban Proposed

[XD-GEM]

HB 44 by Reps Lafonta, Hardy, and Stiaes appears to be a response to the Mardi Gras shootings in New Orleans, but goes way beyond the scope of those crimes and threatens even those with CHPs.

In a nutshell, it would ban the possession of guns by anyone other than LEO within 1000 feet of any public place where more than 50 people are present. Public places are then broadly defined to include almost anywhere except one's own property.

The law contains exceptions for many of the usual exceptions, including historical re-enactors and people with Parish Concealed carry permits( NOT the same as the statewide permits that many people have). It also contains the exception for "any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle." Oddly, that phrase, if taken at its most literal, should mean that it would not ban OC - which is a constitutionally protected activity; but it would still ban the people with statewide CHP licenses from carrying concealed almost everywhere.

http://www.legis.state.la.us/billdata/streamdocument.asp?did=637526 links you to the entire text, if you choose to read it.

Write your reps and ask them to oppose this bill, as it is patently unconstitutional.

 

[Mouthpiece]

...The law contains exceptions for many of the usual exceptions, including historical re-enactors and people with Parish Concealed carry permits( NOT the same as the statewide permits that many people have). It also contains the exception for "any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle." Oddly, that phrase, if taken at its most literal, should mean that it would not ban OC - which is a constitutionally protected activity; but it would still ban the people with statewide CHP licenses from carrying concealed almost everywhere...

I'm not sure that statement is correct. My understanding of OC in LA is that it is a right provided to us under the LA Constitution and so can actually be regulated by the state, as TX and FLA (along with other states) have done. (If I'm incorrect, I'm sure I will be corrected.)

That being said, I agree the bill is unnecessary and another “feel good” response to a horrible incident. I have already contacted my representative and asked him to oppose the bill.

 

[XD-GEM]

Rights are not "provided" by any constitution; they are protected by constitutions, but they are inherent.

Read Article 1, Section 11 of the Louisiana Constitution.

 

[Gus McCrae]

 

[c10seven]

3 C. The provisions of this Section shall not apply to:
4 (1) A federal, state, or local law enforcement officer in the performance of
5 his official duties.
6 (2) Any constitutionally protected activity which cannot be regulated by the
7 state, such as a firearm contained entirely within a motor vehicle.
8 (3) The possession of a firearm occurring within one thousand feet of a
9 public gathering entirely within a private residence, or in accordance with a
10 concealed handgun permit issued pursuant to R.S. 40:1379.1.


Am I misunderstanding something cause this looks like it covers CHP. Please someone explain if I am not understanding this correctly.

 

[XD-GEM]

3 C. The provisions of this Section shall not apply to:
4 (1) A federal, state, or local law enforcement officer in the performance of
5 his official duties.
6 (2) Any constitutionally protected activity which cannot be regulated by the
7 state, such as a firearm contained entirely within a motor vehicle.
8 (3) The possession of a firearm occurring within one thousand feet of a
9 public gathering entirely within a private residence, or in accordance with a
10 concealed handgun permit issued pursuant to R.S. 40:1379.1.


Am I misunderstanding something cause this looks like it covers CHP. Please someone explain if I am not understanding this correctly.

RS 40:1379.1 refers to permits issued by the Parish Sheriff. RS 40:1379.3 would be for the statewide permits issued through the Louisiana State Police. Therefore, your statewide permit would be virtually useless if this bill passes.

ETA: The confusion over these two types of CC permit is something the anti's might be playing into - they hope you'll never find out the difference.

 

[c10seven]

Got it.

 

[Mouthpiece]

Rights are not "provided" by any constitution; they are protected by constitutions, but they are inherent.

Read Article 1, Section 11 of the Louisiana Constitution.

I stand corrected.

 

[Richard in LA]

I didnt read all of the above, but I'm pretty sure shooting people is "banned" too, and that didn't seem to work, so why would another silly law?

 

[spanky]

I didnt read all of the above, but I'm pretty sure shooting people is "banned" too, and that didn't seem to work, so why would another silly law?

Get that logic nonsense out of here.

 

[aroundlsu]

Who wants to bet that no news report on this bill mentions the CHP issue.

 

[XD-GEM]

The article in this morning's Times Picayune is what caught my eye, as it contained a quote from LAfonta that the law wouldn't interfer with anyone's rights nor with legal concealed carry. That's a lawyer line if ever there was one, so I looked up the bill itself and posted this thread.

 

[BEAU]

this would just be another law for criminals to break.. soon we'll all be criminals.

 

[Richard in LA]

Get that logic nonsense out of here.

FA-q

 

[Bayoupiper]

This is an obvious attack on our right to open carry!!!!!!




.

 

[goodburbon]

This is obviously unconstitutional.

 

[XD-GEM]

This is an obvious attack on our right to open carry!!!!!!




.

It is an attack on carry - period. Read the thing carefully and you'll see that it is gun control masquerading as "common sense gun law."

Fortunately it has been assigned to the Criminal Justice committee, chaired by Rep. Wooton - a friend of gun rights. Hopefully he can help us kill this thing.

 

[jimdana1942]

This is me every morning when I get prepared for a new day.

Scotty, is the WARP drive repaired yet?

 

[Takuan]

Clearly, those responsible for the Mardi Gras shootings (and others like them) won't care one way or another. I don't understand the logic of any elected official proposing legislation that would only punish responsible, law-abiding gun owners. As I understand it, laws already exist that prohibit carrying along designated parade routes. This is senseless, and I will be writing my legislator.

 

[Swampy]

This is me every morning when I get prepared for a new day.

Scotty, is the WARP drive repaired yet?

Goerdy Laforge (sp) was Picards chief engineer... Get your Star Treks right..


You would think a spaced out bastard like you would get that crap right..