2021 Louisiana Proposed Legislation

[RaleighReloader]

The legis-critters are coming back into session for 2021 and there's a slate of gun-related bills on the docket for consideration. Here's a summary. I have added notes for PRO, NEUTRAL, and AGAINST the 2nd amendment.

The only really BAD bill so far is Mandie Landry's universal background check bill. I doubt this will get a lot of traction in our legislature, but we'll need to keep an eye on it.

Many of the NEUTRAL bills deal with juveniles and/or sentencing requirements, and I simply don't know enough about this to have a strong opinion. Other informed opinions are always welcomed.

Please leave comments / additions / errors below, and I'll update this list periodically.

Mike

• PRO HB9 (TURNER-R): TAX/SALES-USE-EXEMPT: Provides for the Annual Louisiana Second Amendment Weekend Holiday (OR -$350,000 GF RV See Note)
• PRO HB16 (MCCORMICK-R): WEAPONS/HANDGUNS: Provides relative to the concealed carrying of firearms
• PRO HB48 (MIGUEZ-R): WEAPONS/HANDGUNS: Provides relative to the requirements for concealed handgun permit safety and training course applicants and instructors
• NEUTRAL HB106 (CARPENTER-D): CRIMINAL/SENTENCING: Provides relative to pleas of guilty or nolo contendere in felony cases
• PRO HB118 (FRIEMAN-R): WEAPONS/FIREARMS: Provides relative to enforcement of federal firearm laws
• PRO HB124 (HOLLIS-R): WEAPONS: Provides an exception to certain offenses of illegal carrying of weapons for persons with a concealed handgun permit
• NEUTRAL HB136 (CARPENTER-D): STUDENT/DISCIPLINE: Provides relative to suspensions and expulsions of public school students
• NEUTRAL HB159 (MALINDA WHITE-D): DOMESTIC ABUSE: Provides for the definition of domestic abuse
• PRO HB194 (MCKNIGHT-R): SHERIFFS: Allows a sheriff or deputy sheriff to purchase a duty weapon upon retirement for fair market value
• NEUTRAL HB240 (JENKINS-D): WEAPONS/HANDGUNS: Provides relative to the issuance of certain identification to qualified retired law enforcement officers
• AGAINST HB326 (PHELPS-D): WEAPONS/HANDGUNS: Provides relative to illegal possession of a handgun by a juvenile
• AGAINST HB353 (LANDRY-D): WEAPONS/FIREARMS: Provides relative to stronger background checks for gun purchases
• NEUTRAL HB411 (HUGHES-D): STUDENT/DISCIPLINE: Provides relative to student discipline
• PRO HB447 (BUTLER-R): HEALTH CARE: Provides relative to employment of licensed ambulance personnel and nonlicensed providers of health-related services convicted of certain offenses
• NEUTRAL HB452 (DAVIS-R): DOMESTIC ABUSE: Creates a domestic violence fatality review team within the Louisiana Department of Health
• PRO HB493 (PRESSLY-R): CRIMINAL/SENTENCING: Reduces diminution of sentence for good behavior for certain weapons violations
• PRO HB596 (FONTENOT-R): WEAPONS/HANDGUNS: Provides relative to the concealed carrying of firearms
• PRO HB597 (MIGUEZ-R): CONTRACTS: Provides relative to prohibition on certain governmental entity contracts with companies that discriminate against firearm and ammunition industries
• NEUTRAL SB115 (PEACOCK-R): CRIME/PUNISHMENT: Prohibits possession of firearms, ammunition, or electric weapons or devices by certain felons. (8/1/21)
• PRO SB118 (MORRIS-R): WEAPONS: Provides relative to the concealed carrying of firearms. (8/1/21)
• PRO SB139 (JIMMY HARRIS-D): CRIMINAL PROCEDURE: Provides relative to sentencing when a defendant possessed, used, or discharged a firearm in the commission of certain offenses. (8/1/21)

 

[LACamper]

Good news but there's nothing in there making LA a 2A sanctuary state...

 

[RaleighReloader]

Good news but there's nothing in there making LA a 2A sanctuary state...

Yes there is. See HB118. To wit:

A. The following federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations shall be considered infringements on a citizen's right to keep and bear arms as guaranteed by the Second Amendment of the United States Constitution and Article I, Section 11 of the Constitution of Louisiana, within the borders of this state including but 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 colleted pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) 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.
5. Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

B. All federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations that infringe upon a citizen's right to keep and bear arms as guaranteed by the Second Amendment of the United States Constitution and Article I, Section 11 of the Constitution of Louisiana, regardless if enacted before or after this Part, shall be held invalid and of no effect in this state.

Mike

 

[Redd508]

Thanks for taking time to share this.

 

[mike84z28]

How many laws do we need ? Thanks for sharing this.

 

[Kraut]

How many laws do we need ? Thanks for sharing this.

Many probably aren't NEW laws, but bills to amend current laws.

 

[RaleighReloader]

Many probably aren't NEW laws, but bills to amend current laws.

Virtually all of them are amendments to existing laws. Many—like the laws dealing with sentencing and such—just nibble at the edges and tweak a few words.

Mandie Landry's HB353 is probably the most dramatic. It would impose "universal background checks," AKA the "mandatory gun registry" on all of us. It needs to be soundly refuted.

Mike

 

[lesgeaux]

HB118 For the Win

 

[Helmsman]

Yes, this is a good bill but I don't like 1814D calling people "not legally present in the United States or the state of Louisiana" law-abiding citizens.

 

[XD-GEM]

HB 159 could be problematic.
HB159 (MALINDA WHITE-D): DOMESTIC ABUSE: Provides for the definition of domestic abuse

It seeks to redefine "Domestic Violence" as "Domestic Abuse" and could include mere threats as "abuse." This bill purports to address cases of divorce and child custody, however, other "red flag" type laws could possibly be affected if they reflect back to the laws amended by this bill for their definitions pursuant to the removal of firearms from someone.

 

[RaleighReloader]

HB 159 could be problematic.
HB159 (MALINDA WHITE-D): DOMESTIC ABUSE: Provides for the definition of domestic abuse

It seeks to redefine "Domestic Violence" as "Domestic Abuse" and could include mere threats as "abuse." This bill purports to address cases of divorce and child custody, however, other "red flag" type laws could possibly be affected if they reflect back to the laws amended by this bill for their definitions pursuant to the removal of firearms from someone.

This is a long bill and I'm not really an expert on domestic violence / abuse. Can you elaborate on your concerns?

On the surface, I'm not sure that I'd have a problem with someone being in legal hot water for making a threat. But again, I'm not in the weeds of this legislation.

Mike

 

[Horrible]

Yes there is. See HB118. To wit:



Mike

Excellent! Thank you for sharing!

 

[Horrible]

This is a long bill and I'm not really an expert on domestic violence / abuse. Can you elaborate on your concerns?

On the surface, I'm not sure that I'd have a problem with someone being in legal hot water for making a threat. But again, I'm not in the weeds of this legislation.

Mike

*Threats of abuse* can be a he said/she said thing that can get an innocent person jammed up. Or maybe I am just PTSDing from the commie state I used to reside in.

 

[RaleighReloader]

Bump. Just updated the list.

 

[Horrible]

Bump. Just updated the list.

Roger that. Thank you for doing the hard work for us and posting all of this great information!

Trying to get in touch with my State Rep to push permitless carry and 2A Sanctuary bills

Also contracted State Senator on SB118 (Senate version of permitless conceal carry)

 

[Magdump]

I sure hope we will get a good Republican governor next term and I don’t mean some Lame ass rhino poser Republican either. Sure would be nice as every Democrat we’ve had in there in the past 30 years or so has been a big loser for our state.

 

[Horrible]

I sure hope we will get a good Republican governor next term and I don’t mean some Lame ass rhino poser Republican either. Sure would be nice as every Democrat we’ve had in there in the past 30 years or so has been a big loser for our state.

You mean like this guy?

https://www.wbap.com/2021/04/27/wba...nal-carry-legislation-if-passed-by-lawmakers/

 

[XD-GEM]

This is a long bill and I'm not really an expert on domestic violence / abuse. Can you elaborate on your concerns?

On the surface, I'm not sure that I'd have a problem with someone being in legal hot water for making a threat. But again, I'm not in the weeds of this legislation.

Mike

Sorry for the delay in replying (family health crises, hopefully settled down now).

Horrible referenced part of the problem when a mere spoken threat is involved. The question becomes, "What is an actual threat?" Does Ralph Cramden's, "One of these days, Alice - Bang Zoom to the moon!" count? If so, the various states that have severe red flag laws could use this citation in the divorce case to impose a removal of one's guns for having committed "domestic abuse" from a mere spoken word.

I see that since this posting that the bill has been amended to include an "intent" clause. That makes it harder for my concern to play out, but not impossible.