Constitutional Carry Bill SB1 will be RS? (Now going to be the Law!)

[WhereIsIt?]

I just breifly, looked at the Bill, I did not see any requirement to be a US Citizen. Did I miss that part?

You don't have to be a citizen to own a gun and to get a chp. Legal residents are allowed.

 

[lesgeaux]

Ah, legal residents, I missed that. Great, thanks.

 

[krotsman]

May be wrong here though I remember reading through the Mississippi law and its for Ms residents like many other states have worded for state residents.

I posted it earlier that only 3 states restrict into state residents, out of about 28 with const carry, so it's not many.

 

[Magdump]

More on immunity for a permit holder

 

[Emperor]

So far, here is what "having/keeping/getting" a Louisiana CHP does for you:

1. Immunity from civil lawsuits in a justifiable self defense shooting.
2. Reciprocity in other states that recognize permits only.
3. No background check on firearms purchases.
4. legally carrying within 1000 feet of a school.

My guess, is there will be other perks added in the "regular Session" coming up. Perhaps someone will offer up a Bill that will streamline the process!

Again, the general consensus to have for Constitutional Carry here in Louisiana was not to have to ask permission! We have a choice now! That's what it was all about. If your reasoning was monetary, I get it. It just seems silly not to retain your permit if you already have one. Now, with the immunity law, If you thought you needed a gun because you truly believed you may actually need to defend yourself one day, how could you not logically conclude that you need the protection of immunity?

 

[AustinBR]

Won't you still need a CHP to carrying a restaurant that serves booze?

No.

And what about the BAC of a person CC is there a limit on a non CHP person

The new bill said that folks carrying under the new law (effective in July) have the same stipulations on where they can carry as under the CHP law. So still no BAC >0.05, no carrying in courthouses, at schools, and etc.

My guess, is there will be other perks added in the "regular Session" coming up. Perhaps someone will offer up a Bill that will streamline the process!

Such as?

 

[La26]

.... So still no BAC <0.05, ...........

No BAC less than .05 ? Did you mean > (greater than) .05?

 

[AustinBR]

No BAC less than .05 ? Did you mean > (greater than) .05?

Oh, yes LOL. Fixed.

Definitely not a requirement to be totally trashed at all times haha

 

[La26]

Oh, yes LOL. Fixed.

Definitely not a requirement to be totally trashed at all times haha

Just wondering, with the drive thru daiquiri shops and such.

 

[Emperor]

Such as?

How about an entire online process, for starters?
How about partnering with qualified ranges or instructors to certify the live fire portion?
How about a condensed version of the course (since some of it would now be unnecessary)?
No one should ever have to personally go to the State Police bldg (unless they wanted to).
What if some of this could reduce the cost of the permit process?
If it wasn't already supposed to be in place, implementing an online safety course!

 

[cbbr]

How about an entire online process, for starters?
How about partnering with qualified ranges or instructors to certify the live fire portion?
How about a condensed version of the course (since some of it would now be unnecessary)?
No one should ever have to personally go to the State Police bldg (unless they wanted to).
What if some of this could reduce the cost of the permit process?
If it wasn't already supposed to be in place, implementing an online safety course!

I did my renewal through Bearco & FRC (wrote about it here) which was online with a partner range for the shooting portion. Very easy and highly recommended. So your 1st & 2nd points exist now.

 

[cbbr]

More on immunity for a permit holder

It would be nice if this lowers the cost of insurance (USCCA, Etc) since they will have less exposure. I'll probably buy to anyway given the number of hungry lawyers in La...

 

[brian.ebarb]

So far, here is what "having/keeping/getting" a Louisiana CHP does for you:

1. Immunity from civil lawsuits in a justifiable self defense shooting.

Interesting stuff! Here's the immunity language from SB2 (link):

A. As used in this Section, the term "authorized person" means any person with a valid concealed handgun permit issued pursuant to R.S.13 40:1379.1, 1379.1.1, 1379.3, or 1379.3.2 or any qualified law enforcement officer authorized to carry a concealed handgun pursuant to R.S. 40:1379.1.3 or 1379.1.4.

B. An authorized person as defined in this Section shall not be liable for damages for any injury, death, or loss suffered by a perpetrator when the injury, death, or loss is caused by a justified use of force or self-defense through the discharge of the handgun by the authorized person. This provision shall preclude any right of action by the perpetrator, his survivors, or his heirs.

There's been a pre-existing civil immunity provision available in La. R.S. 9:2800.19 (link) for almost twenty years, though. The case law on it is all over the map, though.

A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.​

SB2 doesn't offer the recouping provision that 2800.19 does, though.

B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.

Very interesting stuff. Let me know if anyone has questions about the legislation or the applicable laws.​

 

[Bigchillin83]

I mean when we renew drivers lic. We don’t have to go in and take a driving test again or drive with an instructor… why not make it a simple renewal? All online… you are right , if they make it easier it would be more appealing…

 

[AustinBR]

Interesting stuff! Here's the immunity language from SB2 (link):

A. As used in this Section, the term "authorized person" means any person with a valid concealed handgun permit issued pursuant to R.S.13 40:1379.1, 1379.1.1, 1379.3, or 1379.3.2 or any qualified law enforcement officer authorized to carry a concealed handgun pursuant to R.S. 40:1379.1.3 or 1379.1.4.

B. An authorized person as defined in this Section shall not be liable for damages for any injury, death, or loss suffered by a perpetrator when the injury, death, or loss is caused by a justified use of force or self-defense through the discharge of the handgun by the authorized person. This provision shall preclude any right of action by the perpetrator, his survivors, or his heirs.

There's been a pre-existing civil immunity provision available in La. R.S. 9:2800.19 (link) for almost twenty years, though. The case law on it is all over the map, though.

A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.​

SB2 doesn't offer the recouping provision that 2800.19 does, though.

B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.

Very interesting stuff. Let me know if anyone has questions about the legislation or the applicable laws.​

Talk about a stellar first post - welcome! Great knowledge here.

 

[Bigchillin83]

Interesting stuff! Here's the immunity language from SB2 (link):

A. As used in this Section, the term "authorized person" means any person with a valid concealed handgun permit issued pursuant to R.S.13 40:1379.1, 1379.1.1, 1379.3, or 1379.3.2 or any qualified law enforcement officer authorized to carry a concealed handgun pursuant to R.S. 40:1379.1.3 or 1379.1.4.

B. An authorized person as defined in this Section shall not be liable for damages for any injury, death, or loss suffered by a perpetrator when the injury, death, or loss is caused by a justified use of force or self-defense through the discharge of the handgun by the authorized person. This provision shall preclude any right of action by the perpetrator, his survivors, or his heirs.

There's been a pre-existing civil immunity provision available in La. R.S. 9:2800.19 (link) for almost twenty years, though. The case law on it is all over the map, though.

A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.​

SB2 doesn't offer the recouping provision that 2800.19 does, though.

B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.

Very interesting stuff. Let me know if anyone has questions about the legislation or the applicable laws.​

Right there was already a protection in place for justified homicide to protect you from civil suits, that’s why didn’t see the point of the new “sales pitch” of protection for permit holders… that was put in place after the shooting on Florida blvd. of the bike cop and the roid rage fella

 

[323MAR]

Even though I use Veterans Carry these days, have tons of training, and hasn't shot anyone in the United States, I can't wait till July 4th so that I can walk the street with an expensive camera looking for a gumfight! Yehaw!

 

[dantheman]

So if you do NOT have a permit , and your BAC is over the limit , what happens ?

 

[Magdump]

It would be nice if this lowers the cost of insurance (USCCA, Etc) since they will have less exposure. I'll probably buy to anyway given the number of hungry lawyers in La...

You might want to do a little more research into the insurance facet of concealed carry. From what I’ve discovered, it’s not working out for people.

 

[AustinBR]

So if you do NOT have a permit , and your BAC is over the limit , what happens ?

The new law says that folks are subject to the exact same stipulations.

So, if you don't have a permit and carry a concealed firearm while being drunk, you have broken the law....and made a poor decision. Guns and alcohol don't belong together.