Archives for July 2021

Failed Constitutional Carry Bill: Next Steps

By now you have certainly heard that the attempt to override the veto of SB118 (Constitutional Carry) failed on a vote in the Senate during the special session 23 Yeas to 15 Nays. When SB118 initially passed in the Senate, there were more than enough Yeas to override a veto. However, some of our key allies flip-flopped, dooming the override to failure.

The following senators changed their votes on the bill:

Gary L. Smith, Jr. (Democrat, Norco),

Franklin J. Foil (Republican, Baton Rouge),

Louie Bernard (Republican, Natchitoches), and

Patrick Connick (Republican, Marrero).

Make sure you remember that these politicians cannot be counted upon to support the Right to Keep and Bear Arms.  They cannot be trusted.

Foil, Bernard and Connick are freshman Senators. Let’s make sure their first term is their last.

Smith allegedly wants to be Governor. Another Democrat who claims to support the 2nd Amendment but votes against it when his vote is truly needed? I think not. We have seen that show before. Keep that in mind when you head to the polls!

Next Steps

A RINO (Republican In Name Only) is a legislator who calls him or herself a Republican, but who then makes deals with liberal Democrats at the expense of those that put that RINO in office.

There is an obvious fix when a RINO shows his or her true colors:  Recall that RINO and remove that RINO from the State Legislature. When that is done all the other RINOs will see that there is a cost to failing their constituents who thought they would uphold Republican values: the values that got them into office in the first place.

There is a group of highly dedicated individuals who are putting together a team to work on that project, and they need your help. They have started a consortium to Recall RINOs.

If you are someone who supports the effort to Recall RINOs, please email help@rinorecall.la with your name and a photograph.

The list of names and pictures will be placed on the RINORecall.la website.

LSA President Dan Zelenka, Political Director of the Firearms Professionals of Louisiana Chris Patron, Louisiana Director of Gun Owners of America Joshua Barnhill, and Founder of the Home Defense Foundation Michael Weinberger are all helping on this project, and more will join the effort very soon.

This effort will only succeed if you get involved!

LSA Joins Other Pro-2A Groups in “Friend of the Court” Brief to US Supreme Court

The Louisiana Shooting Association, Inc., along with the Second Amendment Foundation, Buckeye Firearms Foundation, Connecticut Citizens Defense League, Florida Carry, Grass Roots North Carolina, Illinois State Rifle Association, Maryland Shall Issue, Minnesota Gun Owners Caucus, New Jersey Second Amendment Society, Sportsmen’s Association for Firearms Education, Tennessee Firearms Association, and Virginia Citizens Defense League, have filed a “Friend of the Court” brief in a case that is now in front of the US Supreme Court.

New York State Rifle & Pistol Association, Inc., et al., Petitioners

v.

Kevin P. Bruen, in His Official Capacity as Superintendent of New York State Police, et al., Respondents

 

New York prohibits its ordinary law-abiding citizens from carrying a handgun outside the home without a license, and it denies licenses to every citizen who fails to convince the state that he or she has “proper cause” to carry a firearm. In District of Columbia v. Heller, the US Supreme Court held that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation,” 554 U.S. 570, 592 (2008), and in McDonald v. City of Chicago, the Court held that this right “is fully applicable to the States,” 561 U.S. 742, 750 (2010). For more than a decade since then, numerous courts of appeals have squarely divided on this critical question: whether the Second Amendment allows the government to deprive ordinary law-abiding citizens of the right to possess and carry a handgun outside the home. This circuit split is open and acknowledged, and it is squarely presented by this petition, in which the Second Circuit affirmed the constitutionality of a New York regime that prohibits law-abiding individuals from carrying a handgun unless they first demonstrate some form of “proper cause” that distinguishes them from the body of “the people” protected by the Second Amendment. The suit holds that the time has come for the Supreme Court to resolve this critical constitutional impasse and reaffirm the citizens’ fundamental right to carry a handgun for self-defense.

The question presented is: Whether the Second Amendment allows the government to prohibit ordinary law- abiding citizens from carrying handguns outside the home for self- defense.

The Supreme Court has agreed to hear the case limited to the following question:

WHETHER THE STATE’S DENIAL OF PETITIONERS’ APPLICATIONS FOR CONCEALED-CARRY LICENSES FOR SELF-DEFENSE VIOLATED THE SECOND AMENDMENT.

Sen. Gary Smith (D, Norco) Stabbed Gun Owners in the Back

There is growing concern across the US that the liberal politicians in Washington, DC have an outsized impact on our Civil Rights. Nowhere is this more obvious than with the Biden Administration’s efforts to marginalize and deny the Second Amendment (2A). As we watch urban areas crumble and die, the politicians do what politicians always do: avoid the difficult solutions and find a scapegoat for their failed policies. My friends, violence wrought by drugs, poverty, and despair is transformed by the politician into “gun violence” and it becomes your fault. Somehow, law-abiding gun owners become responsible for the acts of criminals.

To battle this growing Federal attack against your Civil Rights, 61% of the counties in the US have passed some form of 2A Sanctuary legislation, and many States have declared that every county in their State is a 2A Sanctuary. On June 17, 2021, Texas Gov. Greg Abbott signed the “Second Amendment Sanctuary State Act,” making Texas the 15th 2A Sanctuary State. Typically 2A Sanctuary legislation forbids Local or State Authorities from cooperating with Federal Authorities while they deny you your 2A Civil Rights.

In fact, Louisiana would have joined the growing rank of States who have drawn a line in the sand and become the 16th 2A Sanctuary State but for the actions of a single man, Sen. Gary L. Smith, Jr. (D, Norco). Sen. Smith is the Chairman of the Senate Judiciary B Committee.

HB 118 “Second Amendment Sanctuary” (not to be confused with SB 118 “Constitutional Carry”) passed in the Louisiana House on a vote of 70 Yeas to 30 Nays and was referred to the Senate Judiciary B Committee. The Senate Committee split along party lines with 3 Yeas and 3 Nays to refer HB 118 to the full Senate for their vote. However, Sen. Smith killed the bill at his Committee so that it would not be heard by the full Senate.

The Firearms Professionals of Louisiana set the record straight by distributing this flyer. You can download this flyer by clicking on the image below.

Submit Your Comments on Stabilizing Braces

Although the LSA focuses nearly 100% of its efforts on issues right here in Louisiana, sometimes National Issues affect our members to the point that the LSA must become involved. If the the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) manages to implement its new rule on Stabilizing Braces, thousands of Louisianians could become felons overnight.

On June 7, 2021, ATF published a new notice of proposed rule making on its website entitled Factoring Criteria for Firearms with Attached “Stabilizing Braces. The proposed rule was published in the Federal Register on June 10, 2021, giving interested parties until September 8, 2021 to file comments. It is  important that you submit comments, which you can do by clicking here.

Since 2012, ATF has recognized that stabilizing braces and silencing barrel attachments like the omega 9k suppressor serve a legitimate function and the inclusion of a stabilizing brace on pistol or other firearm does not automatically subject that firearm to the provisions of the National Firearms Act (NFA). The proposed rule seems aimed at making nearly all configurations of firearms equipped with stabilizing braces subject to the taxation and registration requirements of the NFA, which is in direct contradiction to the opinions ATF has issued previously.

Due to the discretionary scheme created by the rule, the ATF Director would be given an incredible amount of power over the firearm industry. This comes at a time when President Biden has nominated anti-gun lobbyist and gun ban proponent David Chipman to head the ATF. This draft rule is just one more reason why it’s extremely important for all gun owners to contact their Senators and ask that they vote against Chipman’s confirmation.

These are ATF’s instructions for submitting comments:

You may submit comments, identified by docket number ATF 2021R-08, by any of the following methods—

  • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
  • Mail: Denise Brown, Mail Stop 6N-518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington, DC 20226; ATTN: ATF 2021R-08.Fax: (202) 648-9741.

Instructions: All submissions received must include the agency name and docket number (ATF 2021R-08) for this notice of proposed rulemaking (“NPRM” or “proposed rule”). All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov, including any personal information provided.

ATF also provided the following contact information for any questions regarding the proposed rule:

Denise Brown, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Washington, DC 20226; telephone: (202) 648-7070 (this is not a toll-free number).

In addition to these technical requirements, it’s important to keep the following in mind when submitting comments.

  • Comments must be professional and respectful. While it is extremely frustrating that the Biden Administration is attempting to confiscate lawfully acquired firearms, making comments that include profanity will make it easy for ATF to summarily reject those comments.
  • Comments should focus on the arbitrary nature of the proposed rule. That it is essentially impossible to determine when a firearm is legally a pistol or a short-barrel rifle  makes the proposed rule incompatible with American principles of due process of law.
  • Comments should be individualized and focus on how the proposed rule would impact the commenter. ATF will treat all identical comments as a single comment, so it is important to avoid using a form comment.

Pending Veto Override Session

In the waning hours of the last night on the final day to sign Louisiana’s Constitutional Carry Legislation into law, Governor John Bel Edwards decided to listen to the anti-gun minority in our Great State of Louisiana and veto SB118.  Despite the thousands of emails, calls, and texts coming from LSA Members and Second Amendment supporters, Governor Edwards sided with gun control groups in vetoing our right to effectively defend ourselves and our loved ones. I guess the Bloomberg money coming from out of state was too much of a Siren Call for him.

You may think the LSA has been quiet, but rest assured that the level of work behind the scenes from your LSA leadership has been exhaustive and unprecedented. LSA President Dan Zelenka has been working non-stop to ensure a veto session. He has spoken with many of your State Senators and Representatives and has done  many local, regional, and national interviews with the media. Other Directors have been busy speaking with and coordinating activities with other pro-Rights groups around the state. It has been a full court press!

July 15, 2021 is the final date for legislators to decide if they will hold a veto session. If you have not already done so, please call or email your State Senator and State Representative and ask that they support the veto override session and vote to override Governor Edwards’ veto of Senate Bill 118.

As a reminder, Senate Bill 118 removes the requirement for law-abiding individuals to obtain a concealed handgun permit before being allowed to carry a concealed handgun for self-defense.  This important legislation ensures that citizens are able to exercise their right to self-defense without government red tape or delays.  This measure does not affect previously issued carry permits, and still allows citizens who wish to obtain a permit to do so.

To contact your State Legislators, click here.