A bill that would stifle attempts by officials in some Louisiana cities to circumvent the state's Constitutional Carry law could soon be on the way to Gov. Jeff Landry, but first it has to pass the full House of Representatives.
SB 101, authored by Sen. Blake Miguez, would revise the state's regulations on carrying near schools to recognize the fact that permits are no longer needed in order for legal gun owners to lawfully bear arms. The measure would also remove vo-techs from the list of educational facilities designated as schools in the state, which would stymie efforts by New Orleans officials to call a police substation in the French Quarter a school by hosting an occasional vo-tech class on the premises.
The bill could receive a vote on the House floor as early as this week, and some gun control fans are trying to derail the legislation with bogus claims that it will embolden criminals.
Karen Boudrie, an NOPD spokeperson, declined to comment on this year’s proposed legislation. It is unclear whether any local New Orleans officials made efforts to push for gun restrictions during the current legislative session.
But Rafael Goyeneche, president of the Metropolitan Crime Commission in New Orleans, said that the proposals to roll back restrictions in all school zones pose a major safety threat.
“For every one example of a firearm preventing a crime from occurring there are going to be multiple examples of a bad outcome with a firearm in those areas — that’s why those laws were passed,” said Goyeneche. “It’s really commonsensical and it’s really a fundamental public safety issue.”
It's not commonsensical. On the contrary, it's a nonsensical argument. Goyeneche's position is essentially that guns should be banned everywhere, because crimes involving firearms can and do happen everywhere: in the home, in businesses, on the streets, in public and on private property alike. But as we've seen time and time again, designating a place "gun-free" doesn't make it so in reality. Criminals will ignore those prohibitions, and those intent on mass murder may view those locations as a target-rich environment with little danger of victims shooting back in self-defense.
SB 101, on the other hand, does take a common sense approach to Louisiana's "gun-free" school zones by recognizing that since no permit is necessary for lawful gun owner to carry, they shouldn't need a permission slip to bear arms within 1,000 feet of a school.
During a public vetting of Senate Bill 101 at a committee meeting this month, Miguez said that reducing restrictions on carrying concealed firearms within 1,000 feet of a school is about bringing consistency to Louisiana’s gun laws.
“This allows individuals who are carrying, by constitutional carry, the same rights as those who carry with a permit within a thousand foot of a school zone,” he said. “It does not allow an individual any additional rights to carry on school property.”
Dan Zelenka, president of Louisiana Shooting Association, noted that those who have concealed carry permits from other states recognized as valid through reciprocity agreements aren’t allowed to carry a gun within the 1,000-foot gun-free school zone.
“The reason this is a big deal is that a thousand feet from a school property line is three blocks, and if you were to accidentally carry within those three blocks, you can be charged with a felony,” he said.
Kelby Seanor, the National Rifle Association’s state director, echoed that concern.
“We simply just don’t want law-abiding gun owners to get ensnared with a felony,” he told lawmakers.
Now, as I noted last week when I first covered SB 101, we not only need state-level fixes like SB 101, but a revision to the federal Gun-Free School Zone Act that recognizes a majority of states no longer require a carry license.
While the Act does have an exception for carrying in a school zone, it requires those doing so to be "licensed by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license."
There are currently 29 states that don't require a license to carry, but folks exercising that right without a permit may inadvertently be violating federal law every time they get within 1,000 feet of a school.
That's not something that can be resolved at the state level, though SB 101 would at least prevent state and local law enforcement from charging people with a felony for exercising their constitutional right to carry several blocks away from a school building. That alone is reason enough for the House to join the Senate's approval of SB 101, but Louisiana gun owners shouldn't take its passage for granted. Now's a great time for them to contact their representative and urge them to codify this common sense measure into law and spare lawful gun owners from facing felony charges for exercising their right to carry.
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