New Bill --- Guns at Parades

[dawg23]

I'd like to see what any of the attorneys say as well.

The way it was explained to me by Gordon Hutchinson was that there are 2 separate permits, one administered by the Sheriff and good only in that parish; and the other is administered by the State Police and is a statewide permit. The requirements for each are slightly different and the carry permission is slightly different (for example, a parish permittee must post a bond and may carry in a "Firearm Free School Zone," while a statewide permit does not require a bond and is not exempted from the "Firearm Free School Zone" laws).
Gordon said it was set up this way so as to have the support of the Sheriffs who might otherwise have opposed the newer law for removing some of their powers. But perhaps I misunderstood what Gordon said to me.

This is all true -- and both (parish and state-wide) permits are authorized by 40:1379.1, which is the enabling legislation for both.

This stuff isn't complicated -- it's just confusing, convoluted, confounding and f 'd up ..... like so many things that emanate from the legislature. But bottom line is HB 44 deals with the discharge of firearms, not the carrying of firearms.

 

[altimar]

This is all true -- and both (parish and state-wide) permits are authorized by 40:1379.1, which is the enabling legislation for both.

This stuff isn't complicated -- it's just confusing, convoluted, confounding and f 'd up ..... like so many things that emanate from the legislature. But bottom line is HB 44 deals with the discharge of firearms, not the carrying of firearms.

As much as I would like to agree with you, I just read 40:1379.1 very carefully and it does not say ANYTHING at all about the statewide "shall issue" permit. And neither does 40:1379.3 refer back to 1379.1. They seem to be both totally separate and distinct.

 

[XD-GEM]

dawg, you're right in stating that it is confusing.

If 40:1379.3 permits are simply a subset of 40:1379.1, then what prohibits holders of statewide permits from carrying in a "Firearm Free School Zone," when that law specifically exempts holders of permits "issued pursuant to" 40:1397.1?

The prohibition in 40:1379.3 refers to a definition section that outlines the school zones and penalties; but that definition section merely is a clarification on the larger "Firearm Free" law.

 

[dawg23]

dawg, you're right in stating that it is confusing.

If 40:1379.3 permits are simply a subset of 40:1379.1, then what prohibits holders of statewide permits from carrying in a "Firearm Free School Zone," when that law specifically exempts holders of permits "issued pursuant to" 40:1397.1?

The prohibition in 40:1379.3 refers to a definition section that outlines the school zones and penalties; but that definition section merely is a clarification on the larger "Firearm Free" law.

I don't recall saying that 1379.3 is a sub-set of 1379.1. I think I said that 1379.1 is the enabling legislation for 1379.3

If you look at the wording of 1379.1 it gives the Dept. of Public Safety the authority to issue and to revoke concealed handgun permits. 1379.3 then give procedures and definitions. Then the State Police (DPS) promulgated a book of rules, as authorized by 1379.3, that further define requirements for instructors, fees, etc.
Permits aren't issued pursuant to 1379.1 --- they are issued pursuant to 1379.3 (which was authorized by 1379.1) and pursuant to the rules which were promulgated by the DPS (as authorized by 1379.3)..... See how clear that isn't ??

The bottom line is still the bottom line -- HB 44 regulates the discharge of firearms, not the carrying of firearms.

It may never become law. But what it has done is provide affirmation that citizens with concealed handgun permits can lawfully carry their concealed handguns at parades. There have been several previous threads on this topic provided a lot of speculation on the topic (such as http://www.bayoushooter.com/forums/showthread.php?t=12517&highlight=parade )

 

[dzelenka]

Boys and Girls we've been humped once again. Take a look at what the conference committee did to us in HB 523. The bill as finally passed sucks for gun owners.

 

[spanky]

Cliffs? Does it disallow chp at parades?

 

[XD-GEM]

Nope. That was in the bill right up until the conference committee.

ETA: They did leave in the exception for parish permits but dropped the statewide ones.

 

[dzelenka]

It is worse than before because you can no longer make the argument of "in" vs "at" the parade.

 

[spanky]

ffffUuuuuuuuuu

 

[Bearco]

 

[Bearco]

Illegal carrying of a firearm at a
14 parade is the illegal carrying of a firearm in violation of R.S. 14:95 within one
15 thousand feet of any parade or demonstration for which a permit is issued by a
16 governmental entity.

 

[dawg23]

Boys and Girls we've been humped once again. Take a look at what the conference committee did to us in HB 523. The bill as finally passed sucks for gun owners.

I have emailed my representative and my senator urging them to ask Jindal to veto the bill. Sending an email to Jindal tomorrow a.m. ------------ I don't think a presidential candidate is gonna want to have gun control legislation enacted on his watch.

 

[dawg23]

Just sent this note to Gov. Jindal:


Dear Governor Jindal:

It has come to my attention that HB 523 was amended in conference committee, in the closing days of the recent session, to outlaw the carrying of firearms at parades (including handguns carried by citizens to whom the State of Louisiana has issued a concealed handgun permit).

As you are probably aware, similar language was deleted from other bills in the face of strong opposition by citizens and the NRA. This "backdoor" approach has no public support, and in fact is an insult to those of us who have taken firearms training courses and have passed criminal background investigations as part of the state's Concealed Handgun Permit process.

I do not recall hearing you articulate your position on gun control and our Second Amendment rights, however I respectfully urge you to veto this bill.

Here's a link to Governor Jindal's email/message board: http://www.gov.la.gov/index.cfm?md=form&tmp=email_governor

 

[CCW]

Here is the email that I have drafted to send to Gov. Jindal. Does anyone see anything that is technically wrong??? Feedback, suggestions and corrections are welcome.

"Dear Governor Jindal,

Re: HB 523

I strongly urge you to VETO HB 523. This piece of legislation severely restricts the holders of a Concealed Handgun Permit issued by the State of Louisiana. The legislation makes it illegal for someone that holds a valid Concealed Handgun Permit to carry a handgun within 1,000' of a parade or demonstration. I am not aware of a single incident when a Concealed Handgun Permit holder illegally used a handgun while at a parade.

It is already illegal for someone to carry a concealed weapon while attending a parade if they do not have a valid Concealed Handgun Permit. The only people that this proposed law affects are those with a valid Concealed Handgun Permit. The exception that is in the legislation applies to Parish issued Concealed Handgun Permits and not the Concealed Handgun Permits issued by the Louisiana State Police. As I am sure that you are aware, Concealed Handgun Permit holders are statistically the most law-abiding group of people in society.

This is no more than incremental gun control hiding behind public safety. It is feel good legislation at its worst and does not improve public safety at all.

Thank you for your time and consideration."

 

[dzelenka]

I sent one from the LSA.

 

[Lucky54]

I sent one also.

 

[CCW]

Bump

 

[CCW]

Here are local and toll free numbers to Gov. Bobby Jindal's office if you are inclined to call and ask him to veto HB 523.

225-342-7015 or 866-366-1121

 

[XD-GEM]

Just sent this note to Gov. Jindal:


Dear Governor Jindal:

It has come to my attention that HB 523 was amended in conference committee, in the closing days of the recent session, to outlaw the carrying of firearms at parades (including handguns carried by citizens to whom the State of Louisiana has issued a concealed handgun permit).

As you are probably aware, similar language was deleted from other bills in the face of strong opposition by citizens and the NRA. This "backdoor" approach has no public support, and in fact is an insult to those of us who have taken firearms training courses and have passed criminal background investigations as part of the state's Concealed Handgun Permit process.

I do not recall hearing you articulate your position on gun control and our Second Amendment rights, however I respectfully urge you to veto this bill.

Here's a link to Governor Jindal's email/message board: http://www.gov.la.gov/index.cfm?md=form&tmp=email_governor

Not bad for a dimwit.

He'll be getting one from me as well.

 

[senseibuddy]

Thanks for the info dawg23. I appreciate it!