Archives for May 2021

2021 Legislative Session Keeps Giving and Giving!

To say that the 2021 Legislative Session has been good to Civil Rights loving Pro-Gun Louisianians may be a slight understatement. 2020 might have been a tough year for all of, but 2021 has been very bad to the Bloomberg backed Anti-Gun Mothers Demand Action and all of those other likeminded groups who hate your Civil Rights.

Constitutional Carry

Sen. Jay Morris

Let’s start the hit parade with the holy grail for gun owners, constitutional carry. SB118 by Sen. John “Jay” Morris (Republican, West Monroe) has been approved by the State Senate on at vote of 27 Yeas to 11 Nays. This was the first constitutional carry bill to make it out of committee in Louisiana and, obviously, the first to pass a floor vote in Louisiana. The proposed law would allow for any person who does not possess a concealed handgun permit, but otherwise meets the same eligibility requirements as those who do possess a concealed handgun permit, to carry a handgun concealed. There are some caveats of course. The new law would extend the prohibition from carrying and concealing a handgun while under the influence of alcohol or a controlled dangerous substance to non-permitted but otherwise legal carriers. (You cannot carry if you are drunk or high). Likewise, just like for a permit holder, a person carrying under constitutional carry would be required to notify any police officer who approaches him/her in an official manner or with an identified official purpose that he/she has a weapon on his/her person, submit to a pat down, and allow the officer to temporarily disarm him/her. These requirements apply to any person, not just Louisiana residents. If you would like to see if your Senator voted for or against this bill, go here. This bill has been sent to the House for consideration.

Rep. Bryan Fontenot

HB596 by Rep. Bryan Fontenot (Republican, Thibodaux) has been approved by the State House on a vote of 73 Yeas to 28 Nays. The proposed law would allow for a person who is 21 years of age or older and who is not prohibited from possessing a firearm under any federal or state law to carry a concealed handgun. The proposed law removes the requirement under present law that a resident of Louisiana possess a permit issued by the state of Louisiana to carry a concealed handgun in the state of Louisiana. Further, it provides that an individual who meets the qualifications of current law to possess a concealed handgun permit shall not be required to possess a valid concealed handgun permit issued by the state of Louisiana to carry a concealed handgun. The proposed law also specifies that the new law shall not affect present law reciprocity requirements (meaning if you are not a resident of Louisiana but can legally carry a concealed handgun in our state through reciprocity with another state, that remains in effect). Like SB118, a person carrying a concealed handgun cannot do so under the influence of alcohol or drugs and must notify the police, submit to a pat down, and allow the officer to temporarily disarm them. In addition, HB596 directs the state police to include on their website information concerning applicable laws, available training, and even a free training video for those who are interested. There was bipartisan support for this bill. If you would like to see if your Representative voted for or against this bill, go here. This bill has been sent to the Senate for consideration.

So, I know you’re asking yourself, “What happens if both bills pass both chambers?” The answer, both bills progress to the Governor’s desk. He will have three choices: Sign SB118 and veto HB596; sign HB596 and veto SB118; or veto both of them. I hope the reader will note that both of these bills have passed their respective chambers with more than 2/3 of the chamber vote. I’m sure the Honorable John Bel Edwards has noticed the same thing.

Second Amendment Sanctuary

According to an article written by Lee Williams for the Second Amendment Foundation, the number of states, counties, and cities declaring themselves Second Amendment Sanctuaries is skyrocketing. As it stands now, more than 47% of all counties in the United States have declared themselves Second Amendment Sanctuaries, according to Noah Davis of sanctuarycounties.com and its companion site constitutionalsanctuaries.com. As of May 6, 2021, 10 States and 1491 of 3144 counties have declared themselves Second Amendment sanctuaries. And the left leaning news outlets have noticed (and not surprisingly, under reported the effectiveness of the movement). Vice news reported,

“In the month of April alone, six states—Arizona, Montana, Nebraska, North Dakota, Oklahoma, and West Virginia—became so-called gun sanctuaries. But the specifics of the bills range widely, from political grandstanding, to having the potential to trigger a nasty constitutional showdown. At least seven more states, including Texas, have meanwhile introduced legislation proposing Second Amendment sanctuary protections. Four states—Alaska, Idaho, Kansas, and Wyoming—passed gun protection laws during the Obama administration.”

Rep. Larry Frieman

HB118 by Rep. Lawrence “Larry” Frieman (Republican, Abita Springs) hopes to add Louisiana to the ever-growing number of States that have had enough of the Federal Government encroaching on the Civil Rights of their citizens. The bill passed the House by a vote of 70 Yeas to 30 Nays and now heads to the Senate for their consideration.

The proposed law provides that federal regulation infringes on a citizen’s right to keep and bear arms when the following occurs but is not limited to: (1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services that may reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens. Excise taxes collected pursuant to the Pittman-Robertson Wildlife Restoration Act are excluded from this prohibition; (2) Any registering or tracking of firearms, firearm accessories, or ammunition that may reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens; (3) Any registering or tracking of the owners of the firearms, firearm accessories, or ammunition that may reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens; (4) Any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; or (5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens. The bill provides that a federal action infringing upon a citizen’s right to keep and bear arms shall be held invalid and of no effect in Louisiana if enacted after January 1, 2021. Further, the bill specifies that proposed law is applicable to any employee or official of the state or a political subdivision. It prohibits any employee or official described in proposed law from the following when such regulation does not exist under Louisiana law: (1) Adopting a rule, order, ordinance, or policy under which the entity explicitly or through consistent overt action enforces a federal regulation that purports to regulate a firearm, firearm accessory, or ammunition; (2) Enforcing or assisting in the enforcement of any federal act, law, order, rule, or regulation as provided by proposed law; or (3) Using any assets, state funds, or funds allocated by the state to local entities to engage in any activity that aids in federal regulation regarding a firearm, firearm accessory, or ammunition. And this bill has teeth. The bill provides that an employee or official who violates this proposed law shall be liable to the injured party in an action at law or other proceeding for redress, and proposed law allows the court to award the prevailing party, other than the state or any political subdivision, reasonable attorney fees and costs. It will prohibit a political subdivision from receiving grant funds from the state if the political subdivision violates the proposed law. It further specifies that grant funds shall be denied for the fiscal year following the year in which the final judicial determination has been made in an action brought under proposed law determining that the entity has violated proposed law.

To see how your representative voted on this legislation, go here.

Concealed Carry Permits

In a potential world where one might be able to carry a concealed handgun in Louisiana without the need of a permit, it’s important not to forget that the Concealed Handgun Permit is not going anywhere and there are still important reasons to have said permit (several reasons are (1) reciprocity in other states; (2) the ability for a federally licensed dealer to forgo the NICS check when a form 4473 is completed; (3) the ability to carry in a restaurant that serves alcohol; and (4) the ability to carry within 1,000’ of a school).

Rep. Blake Miguez

HB48 by Rep. Blake Miguez (Republican, Erath) passed the house by unanimous approval (100 Yeas to 0 Nays). In a nutshell, this proposed legislation would expand the forms of training acceptable under the current training requirements for the permit. Present law provides that the instructors for courses and training shall be certified by the Council on Peace Officer Standards and Training (POST) as firearms instructors or by the National Rifle Association (NRA) as instructors for Basic Pistol Shooting, Personal Protection in the Home, or Personal Protection Outside the Home. The proposed law retains those certifications and provides for applicants to also complete any U.S. Concealed Carry Association (USCCA) handgun safety or training course conducted by a U.S. Concealed Carry Association certified instructor within the preceding 12 months. So under the new law, certification options for instructors will include :(1) The NRA as a Carrying a Concealed Weapon instructor; (2) The NRA Law Enforcement Division as an instructor for courses involving the teaching of handguns; (3) The USCCA as an instructor for Home Defense and Concealed Carry Fundamentals or Defensive Shooting Fundamentals; (4) The Federal Law Enforcement Training Center’s Firearms Instructor Training Program or other federal agency firearms instructor course consisting of at least 40 hours of instruction; or (5) Other instructor certification programs approved by the Department of Public Safety and Corrections.

Rep. Paul Hollis

People who hold a concealed handgun permit under the current laws of Louisiana often wonder if their permit allows them to carry other defensive weapons, such as a knife. The short answer is, no. Present law provides that the illegal carrying of weapons is any of the following and provides criminal penalties for those who are convicted of the offense: (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one’s person; (2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; (3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; (4) The intentional concealment on one’s person of any switchblade knife, spring knife, or other knife or similar instrument having a blade which maybe automatically unfolded or extended from a handle by the manipulation of a button, switch, latch, or similar contrivance located on the handle. Present law provides certain exceptions to this prohibition; or (5) The intentional possession or use by any person of a dangerous weapon on a school campus during regular school hours or on a school bus. Present law provides certain exceptions to this prohibition.

Rep. Paul Hollis (Republican, Covington) authored HB124, which unanimously passed in the House on a vote of 95 Yeas to 0 Nays. This bill would modify existing law and provide that a person with a valid concealed handgun permit shall not be prohibited from carrying a concealed firearm or other instrumentality customarily used or intended for probable use as a dangerous weapon on his person unless otherwise prohibited by present law. In other words, if you have a concealed handgun permit, you may carry a knife, or taser, or other defensive weapon in addition to your handgun. The proposed law would also make clear that persons with valid concealed handgun permits are excluded from the prohibition of carrying handguns in current law.

The success that we have experienced this year is due in no small part to the activism of LSA members. On gun day in the House Administration of Criminal Justice Committee, at least 85 gun rights advocates attended. Another 140+ sent emails to the committee expressing their support. This kind of activism gets results. Thank you for your past support. However, the fight is not over. We have a few more committee hearings and floor votes to go. We will let you know when these get scheduled. Your continued emails and attendance will put these bills on the Governor’s desk.