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New Orleans Tries an End-run around Constitutional Carry

Monday, July 8, 2024

New Orleans Tries an End-run around Constitutional Carry

Louisiana Governor Jeff Landry (R) assumed office on January 8 of this year and wasted no time working to protect the Second Amendment rights of law-abiding Louisianans. In February, Gov. Landry opened a special legislative session to address crime in the Pelican State. As part of this effort, Gov. Landry prioritized empowering law-abiding citizens to defend themselves, their families, and communities from criminal violence by signing Constitutional Carry legislation (SB1) into law on March 5.

Now, some New Orleans officials are seeking to undermine Louisianans’ Right-to-Carry through political gamesmanship. According to a report from the Associated Press, New Orleans Police Superintendent Anne Kirkpatrick intends to designate a police station in the heart of the French Quarter a “school” to curtail the Right-to-Carry within 1,000 feet of the building and frustrate the ability to carry in the popular downtown area.

Explaining the officials’ dubious strategy, the AP reported that when the legislature enacted Constitutional Carry, “Lawmakers rejected repeated pleas from police and city officials to exempt New Orleans entirely or to carve out the French Quarter and other areas well-known for alcohol-fueled revelry.” According to the outlet,

Their refusal set city officials to work finding ways to deal with a possible proliferation of guns in high-traffic areas, said City Council President Helena Moreno.

“Ultimately what we realized was, ‘You know what? What we need is a school,’” Moreno said.

Reading that suggests that it is New Orleans officials’ intent to thwart the will of the state legislature by enacting firearm restrictions the legislature repeatedly rejected. This is important, because Louisiana has a strong, and getting stronger, state firearm preemption statute that prohibits political subdivisions from enacting their own carry restrictions. Adding to the brazenness of this conduct is the fact that this year the legislature did address actual illegal carry in the French Quarter by other means.

On June 10, Gov. Landry signed SB507, which reiterated that it is illegal to carry and conceal a handgun with “a blood alcohol reading of .05 percent or greater,” whether that person is carrying pursuant to a concealed handgun permit or exercising their Right-to-Carry without a permit. That .05 BAC level is stricter than the .08 BAC limit for operating a motor vehicle in the state.

SB507 also increased the penalty for a violation of this intoxicated carry prohibition that takes place within the boundaries of the French Quarter Management District. Further, the legislation tweaked Louisiana’s “Negligent carrying of a concealed handgun” statute (R.S. 40:1382) to increase the penalties for negligent carry within the boundaries of the French Quarter Management District. The new language provides that a violation may also result in forfeiture of the individual’s handgun.

As for New Orleans’ dubious “school” prohibition, Louisiana law (R.S. 14:95.6) provides,

A. A “firearm-free zone” is an area inclusive of any school campus and within one thousand feet of any such school campus, and within a school bus, wherein the possession of firearms is prohibited.

          …

(1) “School” means any public or private elementary, secondary, high school, or vocational-technical school, college, or university in this state.

However, the statute does make clear that there are exemptions for the following (R.S. 14:95.2(C)),

(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence.

(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.              …

(9) Any person who has a valid concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3 and who carries a concealed handgun within one thousand feet of any school campus.

Therefore, the New Orleans “firearm-free zone” is aimed at frustrating Louisiana’s Constitutional Carry legislation and those newly enjoying their Right-to-Carry without a permit. 

Louisiana Attorney General Liz Murrill wasn’t amused by New Orleans’ attempted end-run of state law. Murrill issued the following statement on the matter,

I’m working hard to help keep New Orleans safe, but the City cannot avoid state law by unilaterally designating police stations ‘vo-tech locations.’ You cannot just “designate” yourself a vo-tech school. Among other implications, if it was one (it’s not) the police department would be under the jurisdiction of a board of supervisors for higher education, and it would be subject to other oversight requirements. I have no specific plans yet, but would caution the NOPD that it will likely be subject to civil rights lawsuits under Section 1983 of the Civil Rights Act if it arrests people pursuant to its made-up designation, which is clearly not legal or effective. I certainly hope the NOPD isn’t violating people’s rights by making up their own rules, which is why the Department is under a federal consent decree,

Given New Orleans’ notorious history of undermining Second Amendment rights, NRA-ILA will continue to monitor the unfolding situation in the Crescent City and explore taking action as necessary.

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North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Federal Court Strikes Down Biden Administration’s “Engaged in the Business” Rule in NRA Case

Thursday, October 2, 2025

Federal Court Strikes Down Biden Administration’s “Engaged in the Business” Rule in NRA Case

Yesterday, in Butler v. Bondi, the U.S. District Court for the Northern District of Alabama held that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority by issuing its 2024 Final Rule expanding ...

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

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Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

President Trump’s GOP Leads Polling on Crime and Guns, To No Surprise

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Monday, October 6, 2025

President Trump’s GOP Leads Polling on Crime and Guns, To No Surprise

A recent Reuters/Ipsos poll revealed that Americans know the President Donald Trump-led Republican Party has a better plan than their Democratic Party opponents on crime and gun control.

NRA Files Amicus Brief in Fifth Circuit Case Challenging the Federal Switchblade Act

Friday, October 3, 2025

NRA Files Amicus Brief in Fifth Circuit Case Challenging the Federal Switchblade Act

Yesterday, the National Rifle Association filed an amicus brief in Knife Rights, Inc. v. Bondi, urging the Fifth Circuit Court of Appeals to reverse the U.S. District Court for the Northern District of Texas’s decision upholding the Federal ...

Trump Administration Repeals Biden Era Firearms Export Crackdown

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Monday, October 6, 2025

Trump Administration Repeals Biden Era Firearms Export Crackdown

Last Monday, the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce published a final rule that reversed a crackdown on the commercial export of firearms from the U.S. to other countries.

Trust in Mass Media Craters to New Lows, in Single Digits With Republicans

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Monday, October 6, 2025

Trust in Mass Media Craters to New Lows, in Single Digits With Republicans

There’s an old saying that rings especially true to Second Amendment supporters: If you don’t read the news, you’re uninformed.

Alphabet Eases the Reins on Censorship; Will Gun Content Eventually Benefit?

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Tuesday, September 30, 2025

Alphabet Eases the Reins on Censorship; Will Gun Content Eventually Benefit?

With the free speech debate recently co-opted by one TV host’s use of false and incendiary remarks about his political opponents, it might have been easy to miss another important First Amendment story last week. 

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

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Monday, September 29, 2025

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

There have been multiple developments on the Canadian gun grab and ban in the last few days, but the most astounding has got to be a leaked bombshell recording of the Liberal Public Safety Minister, ...

U.S. Supreme Court Agrees to Hear Challenge to Hawaii’s Private Property Default Carry Ban

Friday, October 3, 2025

U.S. Supreme Court Agrees to Hear Challenge to Hawaii’s Private Property Default Carry Ban

Today, the U.S. Supreme Court granted the petition for certiorari in Wolford v. Lopez, a challenge to Hawaii’s law forbidding carry on private property open to the public (such as restaurants, gas stations, and grocery stores) ...

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.