Lawmakers may remove permits, training required for concealed carry in Louisiana; see all Gun Day bills – The Advocate
A House committee advanced legislation Tuesday that would remove the permits and training that goes with it required for carrying concealed weapons. Then it approved a bill that would forbid state and local authorities to enforce future federal rules that would "chill" gun ownership in Louisiana.
But the committee also defeated a measure that would have made it harder to confiscate weapons from an abuser in a domestic relationship. And the sponsor voluntarily postponed consideration of whether property owners could to shoot-to-kill for the prevention of imminent destruction of property.
Tuesday was Gun Day in the House Committee on the Administration of Criminal Justice. Under the watchful eye of proponents of expanding gun rights, wearing red t-shirts, who packed the hearing room, representatives debated nine bills concerning the Second Amendment rights to bear arms.
Every bill we have discussed here today has been an infringement on the right to keep and bear arms, said Shreveport Republican state Rep. Alan Seabaugh said as he presented the last bill of the four-hour committee hearing. If the Second Amendment were read as broadly as the First Amendment as the Interstate Commerce Clause, then every single bill that were discussing here today would be unconstitutional.
Seabaughs House Bill 464 would strengthen evidence necessary when a protective order is issued that would take away the persons firearms. The level of proof is preponderance of the evidence, that is more yes than no. HB464 would raise the level of proof a court would need to consider to the clear and convincing standard that the weapons need to be removed.
New Orleans filmmaker Donna Dees testified that HB464 would remove protections added in 2014 and return Louisiana to second in the nation for the number violent acts against women using guns.
The committee voted 5-6 to reject the legislation.
Voting 10-3 along party lines, the committee approved legislation to allow people over the age of 21 to carry concealed weapons without a permit, meaning without training on how to use a handgun.
House Bill 37 sponsor Rep. Danny McCormick, R-Oil City, says he's not against training, but criminals dont often have a permit when they carry a gun. Why shouldnt a law abiding citizen have conceal carry when the criminals can, said Rep. Ray Garofalo, R-Chalmette.
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Louisiana State Police Superintendent Col. Lamar Davis said in the 12 months of 2021, the state issued 20,000 of the five-year permits; 7,000 lifetime permits; renewed 12,000 permits; denied 1,438 permits; revoked 37; and suspended 255 permits.
Davis added that one reason is that the training required to obtain a permit includes what to do when dealing with law enforcement while carrying a gun. Lack of knowledge about the rules of engagement training could create an adversarial situation that could easily escalate. Civilians are trained that they need to tell officers about their concealed weapons.
Democratic Gov. John Bel Edwards last year vetoed similar legislation, Senate Bill 118, that both chambers approved with veto-proof majorities. But when it came to overriding Edwards veto, the Senate couldnt corral enough votes.
Edwards noted that many police officials opposed the measure. He also noted that supporters had argued that they believe they have a constitutional right to carry a concealed weapon without a permit or any training. If true, supporters could have filed a constitutional challenge in court, he said. They have chosen not to do so, and instead have brought this bill to change the law, Edwards wrote in his June 29 veto message.
On a 10-1 vote, the panel also advanced House Bill 43, which would prevent local, parish, state authorities from enforcing federal regulations that could be considered infringements of gun ownership in Louisiana. Sponsor Rep. Larry Frieman, R-Abita Springs, explained that doesnt mean the federal government wouldnt enforce its rules and that the state ban would only be for future federal rules.
The state voters passed a Constitutional amendment in 2012 guaranteeing the right to bear weapons. Frieman said the federal government, particularly under Democratic President Joe Biden, appears to possibly be open to more restrictions for gun ownership. And if that happens this bill would deny funding to local and state entities if they enforce those federal rules.
House Bill 68, by Erath Republican Rep. Blake Miguez, would require the Louisiana State Police to create a two-hour online course to train people how to safely use firearms. Both sides backed the idea of more education for gun owners, though Rep. Joe Marino, No Party-Gretna, had some indigestion over the voluntary nature of the training.
Still, Rep. C. Denise Marcelle, a Baton Rouge Democratic progressive, joined Miguez, the conservative Republican majority leader in the House, in sponsoring the legislation, which advanced without objection.
If Rep. Marcelle and Miguez can work together, we can surely fix all the problems in Louisiana, Miguez said.
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