Archives for April 2022

2022 Louisiana Bills: Update

Original article: April 22, 2022
Updated: May 5, 2022
Updated: May 18, 2022
Updated: May 24, 2022

The following bills with important Second Amendment implications are currently working their way through the Louisiana Legislature. Bills that are “Involuntarily deferred in committee” were defeated in the respective House or Senate Committee. Bills that are “Reported favorably” were approved in committee and sent to the House or Senate for consideration by floor vote. Bills that are “Reported with amendments” were approved in committee with amendments and sent to the House or Senate for consideration by floor vote.

Bills Supported by LSA

  • HB37 (Constitutional Carry) by Rep. Danny McCormick (R, Oil City) was reported with amendments (10-3) by the House Administration of Criminal Justice Committee. The bill was approved by the House of Representatives by a vote of yeas 64, nays 27. The bill was ordered to the Senate for consideration by the Senate Committee on Judiciary C and was reported favorably out of committee.
  • HB43 (2nd Amendment Sanctuary State) by Rep. Larry Frieman (R, Abita Springs) was reported favorably (10-1) by the House Administration of Criminal Justice Committee. The bill was approved by the House of Representatives by a vote of  yeas 73, nays 25. The bill was ordered to the Senate for consideration by the Senate Committee on Judiciary B and reported favorably out of committee without objection.
  • HB422 by Rep. John Stefanski (R, Crowley) was reported favorably (9-0) by the House Committee on Natural Resources and Environment and sent to the House of Representatives for consideration. The bill was approved by the House of Representatives by a vote of yeas 101, nays 0. The bill was ordered to the Senate for consideration and was passed. This bill provides for the taking of deer by use of pre-charged pneumatic devices (Air Guns). This will bring Louisiana law into step with modern air gun technology and the laws of other states.
  • HB463 by Rep. Alan Seabaugh (R, Shreveport) was reported with amendments (11-0) by the House Administration of Criminal Justice Committee. The bill was approved by the House or Representatives by a vote of yeas 92, nays 2 and and was passed favorably in Senate Committee on Judiciary C. The bill will now be considered by the full Senate. This bill removes the prohibition of the concealed carrying of switchblades by law enforcement officers and concealed carry permit holders. It will treat switchblades the same as other knives.
  • HB483 by Rep. C. Travis Johnson (D, Vidalia) was reported with amendments (7-0) by the House Administration of Criminal Justice Committee. The bill was approved by the House of Representatives by a vote of yeas 86, nays 0. The bill was ordered to the Senate for consideration by the Senate Committee on Judiciary B and reported favorably on a vote of yeas 4, nays 2. This bill shortens the time period for the restoration of gun rights of eligible convicted felons from 10 years to 5 years.
  • HB635 by Rep. Rodney Schamerhorn (R, Hornbeck) is the same as HB422. It is pending a hearing at the House Committee on Natural Resources and Environment.
  • HB868 by Rep. Blake Miguez (R, Erath) was reported favorably (12-0) by the House Administration of Criminal Justice Committee. The bill was approved by the House or Representatives by a vote of yeas 100, nays 0. The bill was ordered to the Senate for consideration by the Senate Committee on Judiciary B and was reported favorably without objection. This bill would direct the State Police to provide a 2-hour online handgun education course at no cost to Louisiana residents. The course would be completely optional and would not be required for obtaining a concealed handgun permit.
  • HB897 by Rep. Charles Owen (R, Rosepine) is pending in the House Administration of Criminal Justice Committee. This bill would allow members of the Armed Forces of the US stationed in Louisiana on Active or Reserve Duty to obtain a concealed handgun permit.

Bills Opposed by LSA

  • HB101 by Rep. Danny McCormick (R, Oil City) was presented to the House Administration of Criminal Justice Committee but then was voluntarily deferred by the Author with the right to bring it to the committee on a future date. This bill changes the definition of justifiable homicide to include a homicide committed against a person threatening property damage during a riot. It is a great expansion of the justifiable homicide statute that previously has required a threat of death or great bodily harm. LSA believes that this expansion is unwarranted and will cause significant problems.
  • HB209 by Rep. Mandle Landry (D, New Orleans) was involuntarily deferred in the House Administration of Criminal Justice Committee. This bill was designed to remove the preemption protections under current laws. It would have allowed the City of New Orleans to make their own firearms laws.
  • HB585 by Rep. Aimee Freeman (D, New Orleans)  was reported with amendments (8-0) by the House Administration of Criminal Justice Committee and referred the House of Representatives for consideration. The bill was approved by the House of Representatives by a vote of yeas 80, nays 11.  The bill has been ordered to the Senate for consideration by the Senate Committee on Judiciary B. This bill provides for reporting certain firearm data to the La. Commission on Law Enforcement.
  • HB949 by Rep. Tammy Phelps (D, Shreveport) is pending in the House Administration of Criminal Justice Committee. Under current law, a juvenile (defined as a person less than 18 years of age) may not knowingly posses a handgun on their person. The proposed law removes the requirement that the handgun be possessed on the offender’s person for the offense to apply. Under the proposed law, it would be illegal for a juvenile to be in a vehicle with a handgun, even if that juvenile does not know the handgun is in the vehicle.
  • SB287 by Sen. Louie Bernard (R, Natchitoches) was voluntarily differed in the Senate Judiciary C Committee. This bill provides for lifetime concealed handgun permits and reduces the permit fee. While this bill may sound good, it is problematic as it will adversely affect the reciprocity with other states and the ability to use a CHP to purchase a firearm.
  • SB327 (Red Flag Law) by Sen. Gary Carter (D, New Orleans) is pending in the Senate Judiciary C Committee. The bill was involuntarily differed by the committee. This bill provides for the seizure of firearms from persons who pose a risk of imminent injury to self or others. This is a so called “Red Flag” bill. It has issues concerning due process and is unnecessary because existing law provides sufficient protection.

LSA Files Amicus Brief in Supreme Court Case

The Louisiana Shooting Association, Inc. (LSA) joined a brief filed by the Second Amendment Foundation (SAF) in the case New York Rifle & Pistol Association v Bruen argued before the US Supreme Court on November 2, 2021. This case has important implications for New York and the other seven US States that do not recognize Second Amendment rights with their discretionary “may issue” carry laws. The outcome of this case will also likely impact dozens of other cases that are currently in the lower federal courts.

Presenting the oral argument for the plaintiffs, attorney Paul Clement told the court that the constitution protects carrying concealed firearms outside the home. He also said there should be no requirement for a citizen to prove a special need to exercise a constitutionally protected fundamental right. Questions and comments by several justices pointed out that many lower courts were not adhering to the Heller and McDonald decisions by the high court and not applying the proper heightened scrutiny levels that the Second Amendment deserves. During the oral arguments, several justices affirmed that the right to keep and bear arms does not stop at the front door.

The amicus brief with the US Supreme Court supporting the NYSR&PA was joined by the LSA, the Buckeye Firearms Foundation, Connecticut Citizens Defense League, Florida Carry, Grassroots 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 Citizen Defense League. The brief is available here.

HB209: Horrible Bill Must be Killed

On Tuesday, April 12, Rep. Landry voluntarily deferred her HORRIBLE bill because we had so much opposition at the hearing. The bill is being brought back in front of the House Committee on Administration of Criminal Justice on Tuesday, April 19 in Committee Room 6 starting at 9:30 AM.
Please. TODAY, send an email (see below).
If you can come to the hearing, your presence in the room will have a huge impact on the committee members. We need bodies in the room! When you arrive in the room, ask the security guard for a red card. Complete the red card in opposition to HB209 and hand it back to the guard.
HB209 by Rep. Mandle Landry (Dem., New Orleans) This is an absolutely HORRIBLE bill and must be killed. This bill is designed to remove the preemption protections under current laws. It would allow the 367 local governing entities throughout the state to make their own firearms laws. A law abiding citizen could easily violate a law simply by driving his or her car across a municipality border without an intent to do so. This law is an awful idea!
Right now, but absolutely no later than Monday, Aoril 18 by Noon send this email to h-acrj@legis.la.gov and also to weinmans@legis.la.gov
Subject: Opposition to HB209
Dear Mr. Committee Member,
I STRONGLY OPPOSE HB209. Under current law, the governing authority of a political subdivision is prohibited from enacting any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition. The proposed law would change this and allow a patchwork of laws throughout the state. A law abiding citizen could easily violate the law by simply crossing a border into a different municipality. This is a horrible idea. Please join me in opposing this bill.
Sincerely,
[Insert your name]
[Insert your mailing address]
If you have time to call the members of the committee, please do. BE POLITE! State your opposition and tell them why. Ask them if they will oppose HB209 at the hearing.
Bacala, Tony District 59 R  Email (225) 677-8020
Bryant, Marcus Anthony District 96 D Email (337) 373-9380
Fontenot, Bryan District 55 R Email (985) 447-0999
Garofalo, Raymond E. District 103 R Email (504) 277-4729
Goudeau, I, Jonathan District 31 R Email (337) 347-7077
Marcelle, C. Denise District 61 D Email (225) 359-9362
Marino, III, Joseph A. District 85 I  Email  (504) 361-6013
McCormick, Danny District 1 R Email (318) 995-8040
McKnight, Scott District 68 R Email (225) 465-5703
Muscarello, Nicholas District 86 R Email (985) 974-0009
Nelson, Richard District 89 R Email (985) 222-2638
Seabaugh, Alan District 5 R Email (318) 676-7990
Villio, Debbie District 79 R Email (504) 468-8603

“Gun Day” at House and Senate Committees: April 12, 2022

“Gun Day” at House and Senate Committees
Tuesday, April 12, 2022
ACTION REQUIRED!
On Tuesday, April 12, 2022:
The House Committee on Administration of Criminal Justice will hear 11 bills that have important Louisiana Second Amendment implications. The House Committee hearings will be in Committee Room 6 starting at 10:00 AM.
The Senate Judiciary C Committee will hear 1 bill that has important Louisiana Second Amendment implications. The Senate Committee hearing will start at 9:30 AM.
When you arrive in the room, ask the security guard for green cards and red cards. Complete them and hand them back to the guard. The LSA has taken a position on 10 of the 12 bills.
If you can attend this meeting, please fill out Green Cards to Support HB37, HB43, HB464, HB483, HB868, and HB897 and Red Cards to Oppose HB101, HB209, HB949 and SB327.
You do not have to speak to make your position known. In many cases, it’s best to let the professionals do the speaking for you!
Whether you attend or not, please send the following emails today!
HB464 by Rep. Seabaugh This is an extremely important bill. It provides additional due process protections to people accused of Domestic Violence in a civil proceeding and raises the burden of proof. There are too many cases of false claims being made for leverage in divorce cases where a person can lose their Second Amendment Rights and have their firearms confiscated without due process.
Right now, but absolutely no later than Monday, Aoril 11 by Noon send this email to h-acrj@legis.la.gov:
Dear Mr. Chairman,
I SUPPORT HB464. Under current law, a person can lose their Civil Right protected under the Second Amendment by simply presenting a credible threat. This is a very low threshold for one to lose a Right guaranteed in the Bill of Rights. The proposed law would increase the standard to one of clear and convincing evidence. I appreciate your support.
Sincerely,
[Insert your name]
[Insert your mailing address]
HB209 by Rep. Landry This is an absolutely HORRIBLE bill and must be killed. This bill is designed to remove the preemption protections under current laws. It would allow the 367 local governing entities throughout the state to make their own firearms laws. A law abiding citizen could easily violate a law simply by driving his or her car across a municipality border without an intent to do so. This law is an awful idea!
Right now, but absolutely no later than Monday, Aoril 11 by Noon send this email to h-acrj@legis.la.gov:
Dear Mr. Chairman,
I STRONGLY OPPOSE HB209. Under current law, the governing authority of a political subdivision is prohibited from enacting any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition. The proposed law would change this and allow a patchwork of laws throughout the state. A law abiding citizen could easily violate the law by simply crossing a border into a different municipality. This is a horrible idea. Please join me in opposing this bill.
Sincerely,
[Insert your name]
[Insert your mailing address]
SB327 “Red Flag Law” by Sen. Carter This bill will remove one’s Second Amendment Rights without adequate due process. The proposed law would allow a district attorney or an assistant district attorney to petition a court to seize any firearm from any person when the petitioner has probable cause to believe any of a number of situations apply. Like most “red flag” laws, the goal of the law is laudable but it falls short in failing to recognize that the Right to Bear Arms is a Civil Right guaranteed by the Bill of Rights, and there is inadequate due process to protect one’s rights. The proposed law is severely flawed.
Right now, but absolutely no later than Monday, Aoril 11 by Noon send this email to sjudc@legis.la.gov:
Dear Mr. Chairman,
I STRONGLY OPPOSE SB327. The proposed “Red Flag” law is severely flawed. The Right to Bear Arms is a Civil Right guaranteed under our Bill of Rights. This right should not be removed simply because a petitioner asks a DA or ADA to petition a court. As you no doubt can see, this proposed law could easily result in the wrongful violation of one’s Civil Rights without any due process. This is a horrible idea. Please join me in opposing this bill.
Sincerely,
[Insert your name]
[Insert your mailing address]
Additional Information on Other Bills SUPPORTED by LSA
HB37 “Constitutional Carry” Bill by Rep. McCormick A similar measure was passed by the House and Senate last year and has strong support by Louisiana citizens, despite the misinformation the Governor used last year to defend his veto of that measure. The Governor has shown that he will use any and all of his political clout to keep Constitutional Carry from happening on his watch. The LSA strongly supports this Bill and will speak on its behalf, but the reality is that this is unlikely to become law with a Democrat in the Governor’s mansion.
HB43 “Sanctuary State” Bill by Rep. Frieman Although mainly symbolic, the Federal government has recently shown a strong propensity to infringe upon the Second Amendment Rights of Louisiana Citizens. HB43 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 this state, regardless if enacted after Jan. 1, 2022.
HB483 by Rep. Travis Johnson would shorten the length of time for a person with a felony conviction to possess a concealed weapon or apply for a concealed handgun permit from 10 years to 5 years.
HB868 by Rep. Miguez would direct the State Police to provide a 2-hour online handgun education course at no cost to Louisiana residents. The course would be completely optional and would not be required for obtaining a concealed handgun permit.
HB897 by Rep. Charles Owen would allow members of the Armed Forces of the US stationed in Louisiana on Active or Reserve Duty to obtain a concealed handgun permit.
Additional Information on Other Bills OPPOSED by LSA
HB101 by Rep. McCormick vastly expands the definition of justifiable homicide to include for the purpose of preventing imminent destruction of property or imminent threat of tumultuous and violent conduct during a riot. While this legislation may sound acceptable to you on the surface, please consider that under Louisiana law a riot is defined as 3 or more people. So, in theory, someone could shoot and kill a person if three people are standing next to your car and threaten to scratch it. This bill has the potential for too many unintended BAD consequences.
HB949 by Rep. Phelps Under current law, a juvenile (defined as a person less than 18 years of age) may not knowingly posses a handgun on their person. The proposed law removes the requirement that the handgun be possessed on the offender’s person for the offense to apply. Under the proposed law, it would be illegal for a juvenile to be in a vehicle with a handgun, even if that juvenile does not know the handgun is in the vehicle.

 

Fifth Circuit Rules Against New Jersey in 3-D Gun Ban Case: Nationwide Implications

The Second Amendment Foundation and Defense Distributed today are celebrating a court victory in a long-running battle to allow online publication of information related to the 3D printing of firearms, thanks to a ruling by the Fifth U.S. Circuit Court of Appeals that returns claims against the New Jersey attorney general (NJAG) to its jurisdiction.

A district court order had wrongly severed the case against the NJAG, from a lawsuit filed by the plaintiffs, and transferring it to a federal court in New Jersey. Today’s ruling in the Fifth Circuit directs the district court in Texas to “request re-transfer from its counterpart in New Jersey.”

“It’s a huge victory for us,” said SAF founder and Executive Vice President Alan M. Gottlieb, “because New Jersey wanted to be severed from our legal action in their effort to prevent publication of the information by Defense Distributed, thus violating the company’s and SAF’s First Amendment rights to promote the exercise of Second Amendment rights.”

This effort began when anti-gun-rights attorneys general, led by Washington State Attorney General Bob Ferguson, filed suit in the Western District of Washington to enjoin the State Department from authorizing the release of Defense Distributed’s files on the internet under a settlement from a previous SAF and Defense Distributed lawsuit. That effort was an offshoot of attempts by then-New Jersey AG Gurbir Grewal and several of his peers to prevent the plaintiffs’ distribution of materials related to the 3D printing of firearms.

Writing for the majority, Circuit Judge Edith H. Jones stated, “Correctly assessed, the NJAG did not carry its burden to clearly demonstrate that transfer is clearly more appropriate than the Plaintiffs’ choice of forum. The district court erred legally and factually in virtually every aspect of this issue, and its decision, which has unnecessarily lengthened this litigation even more, represents a clear abuse of discretion for which mandamus is an appropriate remedy.”

An earlier ruling by a Fifth Circuit panel held that the NJAG is “subject to the jurisdiction of Texas courts” in this case because Defense Distributed is a Texas-based company. Today, the Fifth Circuit ruling directs the district court to:

  • Vacate its order dated April 19, 2021 that severed Defense Distributed’s claims against the NJAG and transferred them to the United States District Court for the District of New Jersey;
  • Request the District of New Jersey to return the transferred case to the Western District of Texas, Austin Division; and,
  • After return, to reconsolidate Defense Distributed’s case against the NJAG back into the case still pending against the State Department.

“This case has dragged on for years,” Gottlieb noted. “What today’s ruling clearly demonstrates is that attorneys general who violate our First and Second amendment rights will be held to answer by the courts, wherever the violations occur.

“NJAG wanted their case severed and transferred,” he added, “and now that will not happen. It’s unfortunate that justice has been delayed so long. It’s time to move forward. This is a case we fully expect to totally win.”

Louisiana Bills to Watch in 2022 Session

There are  a number of important pro- and anti-Second Amendment Bills to be considered in the 2022 Louisiana Legislative Session. Here is a list and the position taken by the LSA.

HB37 MCCORMICK This is the Constitutional Carry bill filed by Rep. McCormick last year. LSA supports this bill. It is pending in the House Administration of Criminal Justice Committee.

HB43 FRIEMAN This is the 2nd Amendment Sanctuary State bill filed by Rep. Frieman last year. LSA supports this bill. It is pending in the House Administration of Criminal Justice Committee.

HB101 MCCORMICK This bill is new. It changes the definition of justifiable homicide to include a homicide committed against a person threatening property damage during a riot. It is a great expansion of the justifiable homicide statute that previously has required a threat of death or great bodily harm. LSA believes that this expansion is unwarranted and will cause significant problems. LSA opposes passage of this bill. It is pending in the House Administration of Criminal Justice Committee.

HB209 LANDRY This bill repeals the state preemption law and would allow governing authorities of certain parishes to adopt regulations related to firearms and ammunition more stringent than state law. This is a terrible bill that would create a patchwork of firearms regulations through which law-abiding gun owners must navigate. LSA opposes the bill. It is pending in the House Administration of Criminal Justice Committee.

HB422 STEFANSKI and HB635 SCHAMERHORN These bills are identical and provide for the taking of deer by use of pre-charged pneumatic devices (Air Guns). This will bring Louisiana law into step with modern air gun technology and the laws of other states. LSA supports this bill. It is pending in the House Natural Resources Committee.

HB463 SEABAUGH This bill removes the prohibition of the concealed carrying of switchblades by law enforcement officers and concealed carry permit holders. It will treat switchblades the same as other knives. The bill has already passed the House 92-2 and is now pending in Senate Judiciary C Committee. LSA supports this bill.  

HB464 SEABAUGH This bill provides for greater due process protections for those accused of domestic violence in a civil case. It also provides for a higher burden of proof to obtain a domestic violence restraining order that denies the right to keep and bear arms. This bill is designed to prevent abuse of restraining orders in civil cases because these orders have the same result with respect to firearms rights as a criminal conviction. LSA supports this bill. It is pending in the House Administration of Criminal Justice Committee.

HB483 TRAVIS JOHNSON  Shortens the time period for the restoration of gun rights of eligible convicted felons from 10 years to 5 years. LSA supports this bill. It is pending in the House Administration of Criminal Justice Committee.

HB585 FREEMAN This bill provides for reporting certain firearm data to the La. Commission on Law Enforcement. LSA opposes this bill. It is pending in the House Administration of Criminal Justice Committee.

SB287 BERNARD This bill provides for lifetime concealed handgun permits and reduces the permit fee. While this bill may sound good, it is problematic as it will adversely affect the reciprocity with other states and the ability to use a CHP to purchase a firearm. LSA opposes the bill. It is pending in the Senate Judiciary C Committee.

SB327 GARY CARTER This bill provides for the seizure of firearms from persons who pose a risk of imminent injury to self or others. This is a so called “Red Flag” bill. It has issues concerning due process and is unnecessary because existing law provides sufficient protection. LSA opposes the bill. It is pending in the Senate Judiciary C Committee.