New Orleans proposing Restrictive Gun Legislation

[70116]

The following legislation is proposed by the City of New Orleans. I believe that some of the provisions creating zones violate Louisiana Laws which prohibit the creation of local laws which are more restrictive than State Law. Additionally, CHP carry rules are being violated. Action is needed to prevent this Ordinance from being enacted.

There is a Public Meeting Scheduled where this proposed legislation will be discussed and a recommendation voted on to forward to the Council. I intend to attend this meeting and would appreciate any SUBSTANTIVE legal references regarding the illegality of this proposed legislation.

FRENCH QUARTER MANAGEMENT DISTRICT

MONDAY, NOVEMBER 7, 2011, NOON to 2:00 PM
PHELPS DUNBAR
365 CANAL STREET, SUITE 2000
NEW ORLEANS

AGENDA

I. CALL TO ORDER; ROLL CALL; INTRODUCTION OF GUESTS

II. APPROVAL OF MINUTES

III. REPORT FROM HOWARD SCHWARTZ, FIRST ASSISTANT INSPECTOR GENERAL, INVESTIGATIONS

IV. TREASURER’S REPORT AND RELATED MATTERS
Discussion and Public Comment; Potential Vote

V. CREATION OF BOURBON STREET FRENCH QUARTER SECURITY TASK FORCE
Discussion and Public Comment; Potential Vote

VI. PROPOSED ORDINANCE ON SEARCH & SEIZURE ZONES
Discussion and Public Comment; Potential Vote

VII. REPORT ON FQBA SIDEWALK REPAIR INITIATIVE
Discussion and Public Comment; Potential Vote

VIII. ELECTION OF 2012 OFFICERS
Discussion and Public Comment; Election Vote

IX. PROPOSED VCC RELOCATION TO CBD, ETC.
Discussion and Public Comment; Potential Vote

X. ORDINANCE PROPOSAL ON SPEAKER/AMPLIFYER PLACEMENT IN BUSINESSES
Discussion and Public Comment; Potential Vote

XI. UPDATE ON NOSCAM ANTI-AGGRESSIVE SOLICITATION ORDINANCE

XII. REPORT ON VC - GAP GRAFITTI AWARENESS WEEK AND CAMPAIGN
Gail Cavett and Annie Flettrich, FQBA

XIII. COMMITTEE AND TASK FORCE REPORTS
Discussion and Public Comment; Potential Vote
ENFORCEMENT & GOVERNMENT
Discussion with Richard McCall, DDD
INFRASTRUCTURE
Survey on Street lights, newspaper stands and potential bicycle rack sites
FINANCE
SANITATION
Proposed Ordinance on Large Commercial Business Trash Containers on Public Right-of-Way

XIV. ADJOURNMENT


The French Quarter Management District is a State entity
created by the Legislature as a means for the residential and business communities to work together
to protect, preserve and maintain the world famous French Quarter
as a safe, clean, vibrant and friendly neighborhood for residents, businesses and visitors.

ORDINANCE
CITY OF NEW ORLEANS
CITY HALL: November 3, 2011
CALENDAR NO. 28,750
NO. ____________________ MAYOR COUNCIL SERIES
BY: COUNCILMEMBER GISLESON PALMER
AN ORDINANCE to amend and re-ordain Section 54-357, Article VI of Chapter 54 of the Code of the City of New Orleans to establish Search and Seizure zones in areas subject to crowds and prone to incidents of violent crime.
WHEREAS, it is illegal to intentionally possess a firearm while on the premises of an alcoholic beverage outlet in both the City of New Orleans and the State of Louisiana (La. R.S. 14:95.4); and
WHEREAS, in the State of Louisiana, an individual’s presence in an alcoholic beverage outlet is deemed consent to a reasonable search for any firearm by a law enforcement officer or other person vested with police power in the State; and
WHEREAS, the City of New Orleans and the State of Louisiana have proscribed the intentional possession of a firearm within distances up to 1,000 feet from specified locations as a matter of public safety; and
WHEREAS, according to the New Orleans Police Department, since January 1, 2011, there have been three (3) shooting-related homicides and nineteen (19) weapons-related offenses in the Vieux Carré, and in the Frenchmen Street area of the Faubourg Marigny neighborhood;
WHEREAS, two (2) people were killed and twelve (12) people were injured by gunfire less than 90 minutes apart and within the vicinity of over 100 police officers who were patrolling Bourbon and Canal Streets on October 31, 2011; and
WHEREAS, whereby police officers shall be allowed to reasonably search individuals and seize any firearms found within a fifty (50) foot radius of an alcoholic beverage outlet, including all public areas contained therein, without the necessity of a warrant; therefore,
SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, that Section 54-357, Article VI of Chapter 54 of the Code of the City of New Orleans is hereby amended and reordained to read as follows:
“Sec. 54-357 – Search and seizure zones.
(a) Purpose. The City Council shall establish Search and Seizure zones, whereby an individual’s presence within alcoholic beverage outlet (ABO) and within fifty (50) feet of the entrance of any alcoholic beverage outlet (ABO), including all public areas, such as streets, sidewalks, and rights of way contained therein, designated a Search and Seizure zone, shall be deemed consent to a reasonable search of his person for any concealed weapons by a law enforcement officer or other person vested with police power, without the necessity of a warrant.
(b) Definitions.
(1) Alcoholic beverage outlet (ABO), as used in this section, means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business establishment. An ABO shall not include a restaurant if a majority of its gross receipts are from sales of food and non-alcoholic beverages.
(2) Concealed weapon, as used in this section, means a firearm, knife or other instrumentality customarily used or intended for probable use as a dangerous weapon.
(3) Search and seizure zone, as used in this section, means an highly populated area susceptible to have large crowds gather outside of ABO establishments in the evening and early morning hours from 11:00 p.m. until 5:00 a.m. and identified through crime statistic as prone to have occurrences of violent crime, whereby an individual’s presence in the area shall be deemed consent to a reasonable search for any concealed weapon by a law enforcement officer or other person vested with police power, without the necessity of a warrant.
(c) Geographical Scope. This section shall apply to the Vieux Carré as defined by Section 166-2, Article I of Chapter 166 of the Code of the City of New Orleans and along Frenchmen Street from Esplanade Avenue to Royal Street.
(d) Notice. The owner of the ABO shall post a sign, at or near the entrance, that states by the fact of entering the premises, a person shall be deemed to have consented to a reasonable search of his person for any concealed weapons by a law enforcement officer or other person vested with police power, without the necessity of a warrant. The Department of Public Works shall identify ABO establishments within Search and Seizure zones and install signs in order to identify the areas as Search and Seizure Zones and notify the public that they are in the public areas that are designated as Search and Seizure Zones during the hours of 11:00 pm until 5:00 am.
(e) Exceptions. The following exceptions to this section apply:
(1) An ABO licensed to sell firearms or containing an indoor shooting gallery shall be exempt from this section in those areas designated for the sale of firearms or the shooting gallery.
(2) The provisions of this section shall not apply to the owner or lessee of an ABO, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.
(f) Offenses. Individuals found to possess a concealed weapon within a Search and Seizure zone shall be subject to the penalties provided for in Section 54-321, Article VI of Chapter 54 of the Code of the City of New Orleans.


ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS__________________

___________________________________
PRESIDENT OF THE COUNCIL

DELIVERED TO THE MAYOR ON ______________________

APPROVED:
DISAPPROVED: ___________________________

___________________________________
MAYOR

RETURNED BY THE MAYOR ON ______________________ AT _____________________

___________________________________
CLERK OF COUNCIL
ROLL CALL VOTE:
YEAS:
NAYS:
ABSENT:

 

[gotabyte]

I'm sure all the criminals in New Orleans will now be concerned regarding carrying a gun while they commit their crimes.

 

[Crimson]

Im never going to new orleans the more I read about it the more bs it puts out.

 

[Russo]

if the idiots who drew this up would read the laws we already have on the book, they wouldn't need to waste taxpayer money on redundant ammendments such as this

 

[Leadfoot]

if the idiots who drew this up would read ENFORCE the laws we already have on the book, they wouldn't need to waste taxpayer money on redundant ammendments such as this

FIFY.

 

[jmcrawf1]

a search and seizure zone? can you say violate the 4th amendment much?

 

[CEHollier]

Im never going to new orleans the more I read about it the more bs it puts out.

It's a shame the criminals are running the city. Criminals could give a **** about gun laws.

 

[4sooth]

Louisiana needs the Florida "Willful Violation" law for public officials such as these. This is covered by pre-emption and is likely null and void before it is passed. Since OC is a constitutionally protected activity in this state,
how do they propose to deal with open carriers? Once again we see public officials granting themselves "extra legal" authority.

 

[charliepapa]

just curious; who here currently goes into bars with a firearm?

 

[CEHollier]

just curious; who here currently goes into bars with a firearm?

People who wear their pants low. To match their IQ's.

 

[charliepapa]

People who wear their pants low. To match their IQ's.

exactly... upstanding, law abiding citizens who try to stay current on new laws.

 

[PrairieCajun]

Sounds great to me! Maybe all these low life thugs in Baton Rouge will figure out that the ballin' is on in NOLA and take their thuggin' a$$es over there and get the hell back out of Baton Rouge for some good easy thuggin. Record pace of murders in BR makes me hate. 15 shot in NOLA last weekend makes me hate. It gets hard to be a good guy when you're surrounded by garbage all day and don't know which one will behave or hurt you. I mean it, I'm not "just sayin".

 

[robbynola]

1

 

[my-rifle]

This is the best part:

(e) Exceptions. The following exceptions to this section apply:
(1) An ABO licensed to sell firearms or containing an indoor shooting gallery shall be exempt from this section in those areas designated for the sale of firearms or the shooting gallery.

That's too good to be true. An Alcoholic Beverage Outlet licensed to sell firearms, or having a shooting range. Sounds safe to me.

 

[ryan]

This is the best part:

(e) Exceptions. The following exceptions to this section apply:
(1) An ABO licensed to sell firearms or containing an indoor shooting gallery shall be exempt from this section in those areas designated for the sale of firearms or the shooting gallery.

That's too good to be true. An Alcoholic Beverage Outlet licensed to sell firearms, or having a shooting range. Sounds safe to me.

I guess if there is one of those in the down there I have always missed it. Maybe its behind a secret door or something.....

 

[RocknRolla]

I don't really care if they pass this in NOLA. Let them disarm the law abiding and allow the criminal element to thrive. Then it'll finally kill tourism and put a stake in the heart of that toilet.

I used to love New Orleans. Ever since the storm, it's been nothing but hipsters and thugs down there. To hell with it, they can have it.

 

[Kraut]

Although LA R.S. 14:95.4, the state law referenced in the proposed ordinance, is still on the books, we were taught from day one that it's constitutionally "shaky" and no longer of use. As explained to us by some of the older veterans teaching at the academy, in the old days when this was commonly done, police would walk into certain establishments and as the patrons knew they were about to be rousted and searched, there'd be a series of "clunks" and "clangs" as various weaponry hit the floor. With no ownership claimed, the officers collected and walked out with a handful of guns, knives, brass knuckles, etc., and hopefully there'd be no serious bloodshed that night. In 12 years I've never known of any officer actually searching anyone based upon the premise of 14:95.4.

As for the proposed ordinance, it sounds like a load of horsesh!t and needs to be thrown out, along with whatever idiot is proposing it.

 

[charliepapa]

what about this guy? he's still on his "vehicle"! is he still partially at home?

 

[CEHollier]

what about this guy? he's still on his "vehicle"! is he still partially at home?

That is bad ass. Just put a rest on the steering wheel and he's got an instant bench.

 

[madmax4x4]

just curious; who here currently goes into bars with a firearm?