Louisiana Bill Would Negate New Orleans’ Attempt to Create ‘Gun-Free Zone’ in French Quarter

After Louisiana officially adopted a permitless carry law last year, officials in New Orleans announced their plan to circumvent the new statute, at least in the tourist-rich French Quarter, by labeling a police department substation in the district a school under a partnership with a local vo-tech. Under state and federal law it’s illegal to carry without a state-issued permit within 1,000 feet of an educational facility, so while the city couldn’t fully curtail the right to carry officials believed they could at least require visitors and residents to have a valid carry permit before bearing arms. 

Since then the city has struggled to bring its plan to fruition, and at last report there are are no classes being hosted at the substation. Instead, the city has pushed property owners to post signage banning concealed carry from their premises, and they’ve been somewhat successful in that regard. 

Their efforts to carve out an exception to the state’s permitless carry law by labeling a police station a vo-tech may soon officially come to an end, however. As NRA’s Institute for Legislative Action reports, four gun-related bills have cleared a House committee and are now eligible to be voted on by the full chamber. 

Anti-Gun:

HB 220 creates the crime of improper storage of a firearm, imposing a one size fits all mandate on firearm storage. While the NRA advocates for the safe and responsible use of firearms, government mandates without consideration for individual circumstances and needs are not the solution. 

Pro-Gun:

HB 393 clarifies the present law recognizing the rights of a bystander or spectator to carry a concealed handgun at a parade or demonstration.

HB 407 allows non-residents to apply for and obtain a Louisiana Concealed Handgun Permit.

SB 101 eliminates some gun-free zones to ensure constitutional carriers and out-of-state concealed carry permit holders who have reciprocity with Louisiana can carry firearms in more areas across the state.

SB 101, authored by Senator Blake Miguez (who was also the primary Senate sponsor of the permitless carry law) removes the language that requires a permit to carry within 1,000 feet of a school campus, while also making a small tweak to the current law that makes intentional possession of a firearm on a school campus during regular school hours a criminal offense. 

Present law prohibits carrying a firearm or other dangerous weapon by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone 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 an athletic competition, dances, parties, or any extracurricular activities, or within 1,000 feet of any school campus. 

Present law defines “school” as any elementary, secondary, high school, vocational-technical school, college or university. 

Proposed law provides that present law does not apply to a person who has a concealed handgun permit issued by a state that has reciprocity with La. for the lawful concealed carry of a handgun or a person carrying a handgun pursuant to other present law. 

Proposed law also removes vocational-technical schools from the present law definition of”school” but otherwise retains present law.

Present law defines “school” as any elementary, secondary, high school, vocational-technical school, college or university.

Proposed law removes vocational-technical schools from the present law definition of”school” but otherwise retains present law.

If enacted, this would put a screeching halt to New Orleans’ efforts to carve out an exception to the state’s permitless carry law by calling the police station in the French Quarter a vo-tech. 

Those efforts, however, have highlighted an ongoing issue with the federal Gun-Free School Zones Act. 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 an issue for Congress to resolve, not the Louisiana legislature, but in light of the fact that a majority of states no longer require a permit to carry its an issue that still needs to be addressed; either by lawmakers or through a lawsuit.