NOLA mad about Constitutional carry so they build a school in the Quarter

[falshooter]

Does a police training facility fall under the definition of a community and technical college

 

[thperez1972]

Dan Zelenka, an attorney and president of the Louisiana Shooting Association, said the move by NOPD was "an attempt to get around the fact the New Orleans delegation was unable to pass legislation making the French Quarter either a gun-free zone or a permit-only zone."

Recruit trainings have already begun at the new classroom in the Eighth District station, now considered an adjunct to the NOPD's existing training facility at 4650 Paris Ave. Kirkpatrick said she's already taken the new concealed carry class.

It wasn't immediately clear Monday just what is required to be a vocational technical school in Louisiana.

Zelenka voiced concerns about whether the NOPD training academy meets the definition, part of which appears to dictates the school must fall under the Board of Supervisors of Community and Technical Colleges.

“That is the question,” Zelenka said. “Is it a vocational technical school as defined by the law?"

If not, he argued, it can't create a gun-free zone under the law.

NOPD's French Quarter station to become vocational school—and gun-free zone

New Orleans officials got nowhere this year when they asked state lawmakers to set aside swaths of the city's tourist- and bar-heavy center as firearm-free zones. So they came up

www.nola.com

Attorney General Liz Murrill, who along with Republican Gov. Jeff Landry backed the new state law, issued a statement Monday night critical of the NOPD’s move.

“I’m working hard to help keep New Orleans safe,” Murrill said. “But the city cannot avoid state law by unilaterally designating police stations “vo-tech locations” -- that’s just not how our community college and vocational-technical system is set up.”

The NOPD said it is working on permits. Once approved, signs will be installed and the city’s gun-free zone map will be updated.

The state’s permitless concealed carry law goes into effect Thursday (July 4) statewide, but the New Orleans officials claimed it won’t take effect until Aug. 1 in New Orleans, when an existing ordinance expires.

Murrill also disagreed with that contention.

“State law preempts municipal ordinances which conflict, so the ordinance yields to state law,” Murrill said in her statement. “I certainly hope the NOPD isn’t violating people’s rights by making up their own rules, which is why the department is under a federal consent decree.”

NOPD finds workaround to create ‘gun-free zone’ in part of French Quarter

NOPD's Royal Street station designated a vocational-technical school

www.fox8live.com

 

[nolaradio]

"The state’s permitless concealed carry law goes into effect Thursday (July 4) statewide, but the New Orleans officials claimed it won’t take effect until Aug. 1 in New Orleans, when an existing ordinance expires."


I keep hearing that in the media and can't find anything online about the so-called ordinance that pushes the date to Aug. 1. Anyone have a link to it?

 

[thperez1972]

"The state’s permitless concealed carry law goes into effect Thursday (July 4) statewide, but the New Orleans officials claimed it won’t take effect until Aug. 1 in New Orleans, when an existing ordinance expires."


I keep hearing that in the media and can't find anything online about the so-called ordinance that pushes the date to Aug. 1. Anyone have a link to it?

The ordinance is easy to find but there's nothing in the ordinance regarding an expiration date.

 

[nolaradio]

The ordinance is easy to find but there's nothing in the ordinance regarding an expiration date.

I'm not finding it. Maybe I am searching the wrong terms.

 

[thperez1972]

new orleans municode

I believe it was sec 54-341

 

[nolaradio]

new orleans municode

I believe it was sec 54-341

Thanks, I'll take a look.

 

[krotsman]

The ordinance is easy to find but there's nothing in the ordinance regarding an expiration date.

Doesn't state law supersede local ordinances?

 

[thperez1972]

Doesn't state law supersede local ordinances?

Yes...Attorney General Liz Murrill pointed that out as well in one of the previously linked articles.

 

[krotsman]

Yes...Attorney General Liz Murrill pointed that out as well in one of the previously linked articles.

TLDR

 

[DBMJR1]

Seems pretty simple to me. They want to be a school, then they need to fall under the jurisdiction of the Board of Supervisors of Community and Technical Colleges.

Easy peasy!

And guess who appoints 15 of the 17 members of that board. The Governor. The two remaining members are students.

 

[Magdump]

Well, not that I go to NOLA or anything, but I never leave home without my EDC. Because it happens wherever you’re at.

 

[Emperor]

It is utterly amazing to me, how ideologically trapped democrats and phony liberals handle EVERYTHING when they don't get their way in the courts, in the Legislature, or in the arena of public opinion. And you can expose the phony's because they can't wait to say how unfair or corrupt the process is when it doesn't go their way.

This effort by these nit wits down there to circumvent the will of the Legislature explains all you need to know. They are all garbage!

 

[Gerberman]

Someone will challenge this in court. Doesn’t the restaurant thing go back to the old Class X license versus the other kind?

 

[Abby Normal]

Gov Jeff is already shooting this down saying if this is not a legal school & a cop searches someone carrying in the gun free school zone then the LEO could be in trouble for an illegal search. If you make up a fake school then you have a fake gun free zone.

 

[charlie12]

Someone will challenge this in court. Doesn’t the restaurant thing go back to the old Class X license versus the other kind?

This for the CHP.

• Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises.

 

[XD-GEM]

The ordinance is easy to find but there's nothing in the ordinance regarding an expiration date.

They are playing with the original statewide pre-emption law which contained a grandfather clause for local laws passed before that pre-emption went into effect.

The new pre-emption law takes effect August 1 this year and will eliminate the grandfathering, thereby creating the time gap.

Petty, but I was actually shocked during this year's session that no one - not politicians, not gun-banners, not media - fought the new pre-emption bill.

The Attorney General warned them about lawsuits from this. They would be US 1983 Deprivation of Civil Rights Under Color of Law. This law contains a section regarding "conspiracy" which I think would mean that any of the individuals who concocted this plan could be held liable for HUGE fines. This law also is one of the few that has a federal Death Penalty, should the deprivation of rights be caused by a death.

 

[Kraut]

Am I reading some things sideways here, or is this already gonna need some tweaking? Before, someone with a permit was able to carry within 1,000' of a school (still not on campus), as provided by 14:95.2C(9). Now, a person 18 or older and not otherwise ineligible can carry concealed without a permit, but according to 40:1379.3M, not in any "zone" where prohibited by federal or state law, which makes it sound like permit or not, no "zone" like a firearm free zone around a school is allowable for carry, despite what the exemption under 14:95.2C(9) declares for permit holders. Sounds ambiguous to me. Was something actually lost for permit holders here, and excluded for constitutional carriers where it should have been included just like the permit holders had before?

14:95. Illegal carrying of weapons
M. The provisions of Paragraph (A)(1) of this Section shall not apply to any person who is eighteen years of age or older and is not prohibited from possessing a firearm under R.S. 14:95.1, 18 U.S.C. 922(g), or any other state or federal law.
N. Any person lawfully carrying a handgun pursuant to Subsection M of this Section shall be subject to the restrictions contained in R.S. 40:1379.3(I), (M), (N), and (O).

14:95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone
C. The provisions of this Section shall not apply to:
(9) Any person who has a valid concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3 and who carries a concealed handgun within one thousand feet of any school campus.

40:1379.3. Statewide permits for concealed handguns; application procedures; definitions
M. No concealed handgun may be carried into and no concealed handgun permit shall be valid or entitle any permittee to carry a concealed handgun in any facility, building, location, zone, or area in which firearms are banned by state or federal law.

 

[frankinola]

That does looks like a potential conflict which they may need to clarify

 

[Tenax]

I'll just leave this here:


LRS 14:95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone

A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.

B. For purposes of this Section, the following words have the following meanings:

(1) "Campus" means all facilities and property within the boundary of the school property.
(2) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not have permission to be on the school campus.
(3) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.
(4) "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.

C. The provisions of this Section shall not apply to:

(1) A federal law enforcement officer or a Louisiana-commissioned state or local Post Certified law enforcement officer who is authorized to carry a firearm.
(2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.
(3) Any person having the written permission of the principal or as provided in R.S. 17:3361.1.
(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence.
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
(6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.
(7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.
(8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.
(9) Any person who has a valid concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3 and who carries a concealed handgun within one thousand feet of any school campus.





LA Rev Stat § 17:540
SUBPART F. FULL-TIME EMPLOYEES OF

VOCATIONAL-TECHNICAL SCHOOLS

§540. Definitions

For the purposes of this Subpart, the following terms and phrases are used as defined by this Section:

(1)(a) "Board" means the Board of Supervisors of Community and Technical Colleges.

(b) Further, any reference in this Subpart to the State Board of Elementary and Secondary Education insofar as such reference is related to the exercise of jurisdiction over employees of a vocational-technical school shall mean and be interpreted to mean the Board of Supervisors of Community and Technical Colleges.

(2) "Employee" means any full-time teacher or instructional personnel of a vocational-technical school.

(3) "Vocational-technical school" means any vocational-technical school under the jurisdiction of the Board of Supervisors of Community and Technical Colleges.

Added by Acts 1976, No. 661, §1; Acts 1998, 1st Ex. Sess., No. 151, §1, eff. July 1, 1999.

So, as I read this, I can carry concealed in the gun free zones of NOLA? I am planning a visit to the WWII museum with my grandson and have been concerned. I also have read that NOPD has thermal cameras in many locations that can ID a concealed handgun. I am not wild about NOPD coming in hot on me with my grandson present. Can anyone verify that?