Monumental Victory for Gun Rights in 4th Circuit Ruling

A ruling by the Fourth Circuit Court of Appeals declaring the ban on handgun sales to young adults in the 18-20-year age group to be unconstitutional is a monumental victory for Second Amendment rights. (Read the Opinion from Judge Julius N. Richardson here).

Judge Richardson, writing for the majority, observed, “Looking through this historical lens to the text and structure of the Constitution reveals that 18- to 20-year-olds have Second Amendment rights. Virtually every other constitutional right applies whatever the age. Our nation’s most cherished constitutional rights vest no later than 18. And the Second Amendment is no different.”

We first find that 18-year-olds possess Second Amendment rights. They enjoy almost every other constitutional right, and they were required at the time of the Founding to serve in the militia and furnish their own weapons. We then ask, as our precedent requires, whether the government has met its burden to justify its infringement of those rights under the appropriate level of scrutiny. To justify this restriction, Congress used disproportionate crime rates to craft over- inclusive laws that restrict the rights of overwhelmingly law-abiding citizens. And in doing so, Congress focused on purchases from licensed dealers without establishing those dealers as the source of the guns 18- to 20-year-olds use to commit crimes. So we hold that the challenged federal laws and regulations are unconstitutional under the Second Amendment. [Editor: emphasis added] Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status.

The United States Court of Appeals for the Fourth Circuit is one of twelve regional appellate courts within the federal judicial system. The court hears appeals from the nine federal district courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina and from federal administrative agencies. What does this mean to us in Louisiana? The 4th Circuit opinion does not affect a similar law in Louisiana that denies young adults 18-to-20-years-old  their constitutional right to purchase a handgun. However, LSA has filed a suit in the U.S. District Court for the Western District of Louisiana. In fact, there are similar cases pending in Louisiana, Illinois, Pennsylvania, Washington, California, Minnesota and other states that this Fourth Circuit ruling could directly impact.

The importance of common-sense decisions such as Judge Richardson’s cannot be over-stated.

M1 Garand Raffle Support Through the Years

The Louisiana Shooting Association has a strong tradition of training young competitive shooters. In the last couple of decades, we have helped many fine young men and women compete at national and international shooting events, including David Higgins who trained in Louisiana, attended the US Air Force Academy and shot on their collegiate team, and then qualified for and shot in the 2016 Summer Olympic games in Rio de Janeiro.

All of this support comes directly from you through donations and the purchase of raffle tickets. Each year, the Civilian Marksmanship Program provides a low-cost M1 Garand rifle to each State’s Association to use for fundraising efforts to support Junior Shooting Programs in that state. The LSA conducts a raffle each year on the third Saturday in October. This year’s winner was Mr. Bruce Lemmert of Marrero. Congratulations Bruce!

The LSA purchases equipment and supplies for the Junior shooters and provides travel grants and match fee support for young shooters. Over the years we have spent thousands of dollars on this program. All of these funds came from you!

However, we have noticed a significant decline in support of our raffle efforts the past couple of years. Each year the LSA prints 5000 raffle tickets, In the past, we sold all or most of those tickets, But you can see from the chart below that support has waned.

To this end, please consider purchasing raffle tickets to support Junior Shooting in the State. All of the money raised is set aside to support this program. The fund currently has $14,714.16. Please help us build the fund back up!

The drawing will be held on Saturday, October 15, 2022.

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.

California “Assault Weapon” Ban Ruled Unconstitutional

U.S. District Court Judge Roger T. Benitez declared California’s statutes regarding so called “Assault Weapons” to be unconstitutional. In a significant ruling in the case Miller v. Bonta, which was filed by a coalition of pro-Civil Rights groups including the Second Amendment Foundation (SAF), the Firearms Policy Coalition, California Gun Rights Foundation, San Diego County Gun Owners PAC, Poway Weapons and Gear, Gunfighter Tactical, LLC, and several private citizens including James Miller, for whom the case is named, Judge Benitez  shredded California gun control laws regarding modern semi-automatic rifles in a 94-page ruling.

Executive Vice President of the SAF, Alan M. Gottlieb said, “It is clear the judge did his homework on this ruling, and we are delighted with the outcome.” In his opening paragraph, Judge Benitez observes, “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR- 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.

Later in the ruling, Judge Benitez observes, “The Second Amendment protects modern weapons.” A few pages later, he adds, “Modern rifles are popular. Modern rifles are legal to build, buy, and own under federal law and the laws of 45 states.” Perhaps most importantly, the judge notes that California’s ban on such firearms “has had no effect” on shootings in the state. “California’s experiment is a failure,” Judge Benitez says.

“Under no level of heightened scrutiny can the law survive,” Judge Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal. Not surprisingly, California Gov. Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.” On the judge’s comparison of the AR-15 to the Swiss Army Knife, the Governor said it “completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon. We’re not backing down from this fight, and we’ll continue pushing for common sense gun laws that will save lives.”

Of course, the Governor completely ignores the statistics that demonstrate that very few people are killed by any long gun, much less AR-15s, because of this, people should be allowed to buy at the Best gun store Canada. Californians are 7-times more likely to die from a knife than from any rifle and are three times as likely to die from hands or feet. In 2019, California saw 252 people murdered with a knife, while 34 people were killed with some type of rifle – not necessarily an AR15.

Of course, “common sense” has never had anything to do with California’s gun laws.

Urge Gov. Edwards to Sign Constitutional Carry Bill

Please contact Governor John Bel Edwards and ask him to sign the Constitutional Carry bill, SB 118! Responsible citizens of Louisiana should not first have to ask for approval from the government to defend their life, liberty and property. Please click here to contact the Governor to ask him to sign Constitutional Carry into law!

Senate Bill 118 removes the requirement for law-abiding people to obtain a permit before being able to carry a concealed handgun for self-defense.  This vital 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 allows citizens who still wish to obtain a permit to carry in other states recognizing Louisiana permits, to do so.

Again, please contact Governor John Bel Edwards, by clicking above, and ask him to sign Senate Bill 118 into law.

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.