torchbearer
05-05-2013, 05:23 PM
http://www.theadvertiser.com/article/20130424/NEWS01/304230038/Louisiana-House-bill-bans-enforcement-federal-gun-laws
BATON ROUGE — Should the federal government pass laws or President Barack Obama issue orders restricting gun ownership, enforcing those laws or orders would be illegal in Louisiana, the state House of Representatives says.
After lengthy debate, House members Tuesday voted 67-25 for HB5 by Rep. Jim Morris, R-Oil City, that many lawmakers said was unconstitutional.
Morris said his bill was a challenge “to presidential orders to ban firearms in the state of Louisiana.”
The House was about to vote without debating the bill until Rep. Marcus Hunter, D-Monroe, pointed out that he had an amendment that was not considered.
Hunter’s amendment said that should HB5 be approved, it would not go into effect until after the U.S. Supreme Court ruled that it was constitutional.
“What we have is an issue of the Supremacy Clause,” Hunter said, referring to language in the U.S. Constitution that says U.S. laws and the Constitution supersede state laws. “We’re setting a dangerous precedent passing a bill that says we don’t have to abide by anything.”
The House rejected Hunter’s amendment 62-30.
Morris said the bill is aimed at the proposal to ban semi-automatic weapons or limit the amount of ammunition that could be in a clip.
He said he didn’t have a problem with the portion of his bill that says anyone who tried to enforce any federal law restricting gun ownership — even agents of the federal Alcohol, Tobacco and Firearms division — would be arrested, tried and possibly fined $5,000 and sent to prison for up to two years.
Rep. Katrina Jackson, D-Monroe, said she believes voting for a bill that obviously conflicts with the U.S. Constitution violates legislators’ oath to uphold the laws of federal and state governments and the state and federal constitutions.
Hunter said anyone who did that would “teeter on the brink of malfeasance in office.”
While arguing for the bill, Rep. Joe Lopinto, R-Metairie, told Jackson he didn’t disagree with her about the constitutionality of the measure, but he would vote for it anyway.
“Although I like what the bill says, I have $100,000 in student loans that tell me it’s unconstitutional,” said Lopinto, an attorney.
Asked how the National Rifle Association feels about his bill, Morris said, “I’m not running this bill for the NRA. I don’t know how the NRA feels about this.”
Rep. John Bel Edwards, D-Amite, said NRA lobbyist Chris Rader said his organization was neither in favor nor against HB5.
Asked about the potential cost of defending his bill in court, Morris said, “If we’ve got to spend every dime we’ve got defending our rights, it would be worth the money.”
The House then voted 76-18 in favor of HB8 by Rep. Jeff Thompson, R-Bossier City, which makes it illegal to release, distribute or publish the names of concealed handgun permit holders.
Thompson said such a list is exempt from public records laws, but there was no penalty attached if it was released and published.
The bill originally made it a felony, but Thompson got the House to approve an amendment making publication a misdemeanor with a maximum penalty of up to six months in jail and $10,000 fine.
“I want there to be a disincentive to publish the names and addresses of law-abiding citizens,” Thompson said. “You want to stay out of jail? Don’t break the law.”
Both bills now move to Senate committees for debate.
BATON ROUGE — Should the federal government pass laws or President Barack Obama issue orders restricting gun ownership, enforcing those laws or orders would be illegal in Louisiana, the state House of Representatives says.
After lengthy debate, House members Tuesday voted 67-25 for HB5 by Rep. Jim Morris, R-Oil City, that many lawmakers said was unconstitutional.
Morris said his bill was a challenge “to presidential orders to ban firearms in the state of Louisiana.”
The House was about to vote without debating the bill until Rep. Marcus Hunter, D-Monroe, pointed out that he had an amendment that was not considered.
Hunter’s amendment said that should HB5 be approved, it would not go into effect until after the U.S. Supreme Court ruled that it was constitutional.
“What we have is an issue of the Supremacy Clause,” Hunter said, referring to language in the U.S. Constitution that says U.S. laws and the Constitution supersede state laws. “We’re setting a dangerous precedent passing a bill that says we don’t have to abide by anything.”
The House rejected Hunter’s amendment 62-30.
Morris said the bill is aimed at the proposal to ban semi-automatic weapons or limit the amount of ammunition that could be in a clip.
He said he didn’t have a problem with the portion of his bill that says anyone who tried to enforce any federal law restricting gun ownership — even agents of the federal Alcohol, Tobacco and Firearms division — would be arrested, tried and possibly fined $5,000 and sent to prison for up to two years.
Rep. Katrina Jackson, D-Monroe, said she believes voting for a bill that obviously conflicts with the U.S. Constitution violates legislators’ oath to uphold the laws of federal and state governments and the state and federal constitutions.
Hunter said anyone who did that would “teeter on the brink of malfeasance in office.”
While arguing for the bill, Rep. Joe Lopinto, R-Metairie, told Jackson he didn’t disagree with her about the constitutionality of the measure, but he would vote for it anyway.
“Although I like what the bill says, I have $100,000 in student loans that tell me it’s unconstitutional,” said Lopinto, an attorney.
Asked how the National Rifle Association feels about his bill, Morris said, “I’m not running this bill for the NRA. I don’t know how the NRA feels about this.”
Rep. John Bel Edwards, D-Amite, said NRA lobbyist Chris Rader said his organization was neither in favor nor against HB5.
Asked about the potential cost of defending his bill in court, Morris said, “If we’ve got to spend every dime we’ve got defending our rights, it would be worth the money.”
The House then voted 76-18 in favor of HB8 by Rep. Jeff Thompson, R-Bossier City, which makes it illegal to release, distribute or publish the names of concealed handgun permit holders.
Thompson said such a list is exempt from public records laws, but there was no penalty attached if it was released and published.
The bill originally made it a felony, but Thompson got the House to approve an amendment making publication a misdemeanor with a maximum penalty of up to six months in jail and $10,000 fine.
“I want there to be a disincentive to publish the names and addresses of law-abiding citizens,” Thompson said. “You want to stay out of jail? Don’t break the law.”
Both bills now move to Senate committees for debate.