Archives for April 2022

Original article: April 22, 2022

Updated: May 5, 2022

Updated: May 18, 2022

Updated: May 24, 2022

Updated: July 1, 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. The bill was then sent to Senate Fiscal Affairs Committee where it was amended to remove the constitutional carry language and replace it with language allowing teachers to carry in schools. The bill was never considered on the Senate floor and died.
• HB43 (2^nd 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.
• Representative Frieman was unable to find a Senate sponsor for action on the floor and the bill died.
• 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. Bill was signed into law as Act 215.
• 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. Bill passed the Senate without opposition and was signed into law as Act 587.
• 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. The bill failed to pass the full Senate.
• 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. The bill passed the full Senate and was signed into law as Act 518.
• 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. The bill died in Committee.
• SB143 (Constitutional Carry for Active Duty and Veterans) by Sen. Jay Morris (R, West Monroe) was signed into law as Act 680. This law will allow a person who is a reserve or active-duty member of any branch of the United States Armed Forces; a member of the Louisiana National Guard or the Louisiana Air National Guard; or a former member of any branch of the United States Armed Forces, the Louisiana National Guard, or the Louisiana Air National Guard who has been honorably discharged from service to carry a firearm concealed without a 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. Passed the full Senate and was signed by Governor as Act 484.
• 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. The bill died in Committee.
• SB287 by Sen. Louie Bernard (R, Natchitoches) was voluntarily defferred 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 deferred 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.

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.

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]

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, also there are accessories like the best jacket for carrying a concealed gun that are great for people into guns.

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.”

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 2^nd 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.