Louisiana’s new permitless concealed weapons law appears headed for changes
A new Louisiana law that allows law-abiding persons to carry concealed guns without a permit or training could soon apply to more weapons and locations.
A state Senate committee gave swift, unanimous approval to three bills Tuesday from the law’s author, Sen. Blake Miguez, R-New Iberia. A professional competitive marksman, Miguez successfully ushered his so-called “constitutional carry” measure in last month’s special session on criminal justice issues.
One of his bills makes the new law applicable to all firearms, not just handguns. For example, a shotgun would be legal to carry concealed. Sawed-off shotguns are illegal in Louisiana and wouldn’t fall under the expanded law.
Another Miguez bill would allow concealed firearms in restaurants that serve alcohol — “places where families eat,” the senator said — as long as the businesses don’t make more than 50% of their revenue from alcohol sales.
Bars would still be off limits for concealed weapons under the proposal, Miguez said. Plus, anyone with a blood alcohol content of 0.05% or higher, regardless of their location, would not be allowed to conceal-carry, as spelled out in the new law.
The third Miguez bill would allow businesses to be penalized if they deny entry to an off-duty police officer carrying a concealed gun. The proposed fine could reach $1,000 per occurrence.
Kelby Seanor, head of the National Rifle Association’s Louisiana chapter, told the committee nearly every other state that allows concealed firearms without a permit has no limitations on where off-duty law enforcement can carry their service weapons.
Harsher criminal consequences
A proposal from Sen. Alan Seabaugh, R-Shreveport, to tighten state law with regards to convicted felons who carry concealed weapons also gained unanimous support. Tougher punishment would apply if an individual was carrying a firearm when they committed a violent crime and they went on to commit another crime, regardless of whether it involved a gun. The same would go for any felon caught with a gun when committing a subsequent offense.
The committee also approved a bill that would take firearms away from certain teens who use guns during a violent crime. Sen. Caleb Kleinpeter, R-Port Allen, said the new restrictions would apply to 15- and 16-year-olds who wouldn’t be allowed to legally possess a firearm again until they turn 22.
Gov. John Bel Edwards, a Democrat, vetoed similar legislation last year.
Kleinpeter’s proposal originally included an exception for young licensed hunters, but he pulled that provision out of the bill before gaining committee approval.
Another proposal that advanced Tuesday calls for anyone who illegally brings a firearm to a parade to serve the bulk of their sentence. The bill from Sen. Greg Miller, R-Norco, would remove parole or probation for up to three years for anyone convicted of the crime, with a minimum of one year without the opportunity for early release from prison.
Constitutional change targets judge’s bail discretion
The Louisiana Legislature cannot pass a law that limits a judge’s ability to grant post-conviction bail. In some instances, a judge can allow someone found guilty of a crime to post bond and leave jail before they are sentenced.
Senate Judiciary C Chairman Jay Morris, R-Monroe, wants to pull that discretion from judges and would need state voters to approve a constitutional amendment to do so. Convicted criminals who are released on bail still pose a threat to the public, and there is a track record of them committing more crimes, he said.
Meghan Garvey, with the Louisiana Association of Criminal Defense Lawyers, opposes the bill. As she reads it, judges’ discretion over bail for all drug and violent offenses, not just post-conviction release, would be restricted under provisions the Legislature defines.
Garvey also described the proposed ballot language as confusing (read below).
If approved, the proposed amendment would be placed on the Nov. 5 statewide ballot.
Proposed ballot language in Senate Bill 79
"Do you support an amendment to provide that post-conviction bail shall not be solely in the discretion of the judge but shall be allowed only in accordance with bail provisions as provided by the Legislature of Louisiana and that bail for crimes of violence and drug offenses where the proof is evident and the presumption of guilt is great shall not be solely in the discretion of the judge but shall be allowed only in accordance with bail provisions as provided by the Legislature of Louisiana?"
— The Louisiana Illuminator is an independent, nonprofit, nonpartisan news organization driven by its mission to cast light on how decisions are made in Baton Rouge and how they affect the lives of everyday Louisianians, particularly those who are poor or otherwise marginalized.