House Bill 318

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  • dzelenka

    D.R. 1827; HM; P100x3
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    Mar 2, 2008
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    Covington
    Any of you guys with a CHP, please send an email to State Rep. Barry Ivey regarding House Bill 318 -- legislation described below. It essentially creates an offense of failure by a concealed carry permittee to notify law enforcement when the permittee is in possession of a handgun and adds penalties on top of current law.

    iveyb@legis.la.gov

    House Bill 318 by Rep. Ivey requires anyone licensed under R.S. 1379.3 to notify as soon as practical any uniformed law enforcement officer who approaches that person in the official performance of his duties that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. A permittee who fails to identify the possession of a concealed handgun to a law enforcement officer as required under the bill shall be fined up to $1,000. The adjudicating judge may also order forfeiture of the handgun and may suspend or revoked the permit. "Law enforcement officer" includes the following: commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, park wardens, livestock brand inspectors, forestry officers, attorney general investigators, district attorney investigators, inspector general investigators and probation and parole officers."

    Currently,

    • Under R.S. 1379.3(I)(2): A permittee armed with a handgun in accordance with this Section shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Failure to comply with these provisions shall result in a six-month automatic suspension of the permit.

    • Under Administrative Rule Title 55, Part 1, Chapter 13, Section 1313, Duties and Responsibilities of the Permittee: A permittee armed with a handgun shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a handgun on his person, submit to pat down, and allow the officer to temporarily disarm him. Failure to comply with this provision shall result in a six-month automatic suspension of the permit.

    HB 318 wouldn't replace the requirements and penalties in current law; it would impose up to a $1,000 fine and possibility of forfeiture of the handgun and revocation of the permit on top of them.

    What problem is this bill trying to fix??
     

    US Infidel

    TRUST NO ONE
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    Jan 30, 2012
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    Earth
    The people this is going after are the same people that already obey this and notify LEO when approached. Seams like someone is wanting another chance to take people's guns and money away from them.
     

    Nathan Hale

    Well-Known Member
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    Apr 10, 2014
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    Louisiana
    I just contacted Rep. Ivey expressing opposition.
    This bill is ridiculous. It is ripe for abuse. "Aproach(ed)... in the official performance of his duties" is too vague to attach criminal sanctions to. Is this a Terry Stop, or something less? Remember, we are talking about the creation of a crime that will only apply to the most law abiding segment of society. (We obey the law with higher compliance than LEOs, teachers, and Priest!)
    I don't know what Ivey is trying to do; with friends like this you don't need enemies. (And Ivey has a reputation as being be pro-gun!) I'm in the dark here.
     

    Akajun

    Go away,Batin...
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    Apr 10, 2008
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    whats crazy is that 14:95 Unlawfull carrying of Weapons, basically carrying a concealed weapon without a permit, is a Misdemeanor. So If I get a CWP in order to carry legally, and forget to notify an officer or he does not hear me, thats a felony?
    Email sent
     

    Emperor

    Seriously Misunderstood!
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    Mar 7, 2011
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    whats crazy is that 14:95 Unlawfull carrying of Weapons, basically carrying a concealed weapon without a permit, is a Misdemeanor. So If I get a CWP in order to carry legally, and forget to notify an officer or he does not hear me, thats a felony?
    Email sent

    This is a classic example of a system of laws that are too expansive for any of these people to understand. Do you think this guy just woke up one day and decided he needed to elevate this to a felony? Someone is putting him up to this.

    And in checking the RS you cited, I see where the penalty is very lenient to illegally carry a gun, among other items. First offenders are damn near guaranteed to get off without time. But as you may know, it is far easier to burden people that follow the laws of the land.
     

    geoney

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    Jun 1, 2011
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    whats crazy is that 14:95 Unlawfull carrying of Weapons, basically carrying a concealed weapon without a permit, is a Misdemeanor. So If I get a CWP in order to carry legally, and forget to notify an officer or he does not hear me, thats a felony?
    Email sent

    Exactly.
     

    Nathan Hale

    Well-Known Member
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    Apr 10, 2014
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    Louisiana
    Email sent to Ivey.

    I email Andy Anders, my Representative about this last month.

    Any idea of when this will be before the committee?

    The schedule comes out on Monday (today), but I have not heard yet.
    If I find out I will post immediately.
    If anyone else finds out, PLEASE post immediately!
    Thanks.
     

    AustinBR

    Make your own luck
    Staff member
    Admin
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    Oct 22, 2012
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    Anyone want to make a list of people we should email (with their emails) and draft a good message to send?
     

    WildBillKelso

    Well-Known Member
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    Jan 12, 2015
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    Do you think this guy just woke up one day and decided he needed to elevate this to a felony? Someone is putting him up to this.

    Who do you think is doing this? Does he have the max allowable donation from Bloomberg, one of his shell .orgs or some other anti group? If anyone can get me on the scent trail by pointing to where in this state I can research campaign contributions, I'll follow the trail to pay dirt.
     

    Nathan Hale

    Well-Known Member
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    0   0   0
    Apr 10, 2014
    336
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    Louisiana
    whats crazy is that 14:95 Unlawfull carrying of Weapons, basically carrying a concealed weapon without a permit, is a Misdemeanor. So If I get a CWP in order to carry legally, and forget to notify an officer or he does not hear me, thats a felony?
    Email sent

    Just to clarify, I don't think it would be classified as a felony.
    See: https://legis.la.gov/Legis/Law.aspx?d=78337
    (I DO completely oppose this bill anyway; it is a bad bill and we do NOT deserve it!)
     
    Last edited:

    whitsend

    -Global Mod-
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    Sep 6, 2009
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    Transylvania, LA
    Those are laws that are already felonies. SInce this is not a law yet, it would not be listed. The proposed penalty is what makes it a felony.

    See 14:2:A: (4) below.

    RS 14:2
    §2. Definitions
    A. In this Code the terms enumerated shall have the designated meanings:

    (4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor.

    The penalty in HB318 is $1000 fine, so not a felony.
     
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