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Thread: OC regular visiting Louisiana

  1. #1
    Regular Member bigl0af's Avatar
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    OC regular visiting Louisiana

    I just crossed the state line, driving from NC, heading for new orleans. Is your state OC friendly? On my honeymoon so no time to do proper research, so links to statutes and state constitution would be awesome.

    Thanks ahead of time!

    Sent from my SPH-D710 using Tapatalk 2

  2. #2
    Regular Member HeroHog's Avatar
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    In general YES but in your car you are safe carrying on the seat, in the glovebox or on your hip. I would not carry it concealed on your person but openly carried IS OK.

    "The right of each citizen to keep and bear arms shall not be abridged,..."
    Article 1, Section 11, La State Constitution.

    The LA State Constitution - Article 1,
    Section 11 - "The right of each citizen to
    keep and bear arms shall not be abridged,
    but this provision shall not prevent the
    passage of laws to prohibit the carrying
    of weapons concealed on the person."

    State v. Fluker 311 So. 2d 863 - A 1975
    State Supreme Court case regarding the
    determination of concealment of a
    firearm in LA. "...a weapon, although not
    in "full, open view," is nonetheless not a
    "concealed" weapon if it is sufficiently
    exposed to reveal its identity."

    State v Ferrand 664 So.2d 396 -"As the
    officer acknowledged, the public
    possession of an openly displayed
    handgun is not a crime in Louisiana and
    does not alone provide probable cause
    for an arrest."

    State v Snoddy 389 So.2d 377 -"The
    acts of defendant patrolling his property
    at night with a shotgun in a secluded area
    certainly did not constitute criminal
    activity." Cited in State v Ferrand.

    Attorney General Opinion No. 97-485
    –The AG says, "There is no Louisiana
    law which in general prohibits carrying a
    handgun if that handgun is not
    concealed."

    Attorney General Opinion No. 79-1212
    The AG answers, "It is the conclusion of
    this office that it is legal to carry a gun
    when it is exposed on one's person. The
    LOUISIANA Supreme Court has
    affirmed this conclusion. State v. Fluker,
    311 So.2d 863 (1975). However, the
    legality of carrying even an exposed gun
    is subject to certain limitations of law."
    and "Therefore, it is the opinion of this
    office that a gun may be carried legally if
    it is in open view;..."

    Attorney General Opinion No. 78-795
    The AG responds, "the carrying of an
    exposed handgun is not illegal, except as
    provided in LSA R.S. 14:95.1."

    Attorney General Opinion No. 78-1288
    The AG states,"it is pertinent to observe
    that any citizen may bear arms that are
    not concealed." and, citing State vs.
    Fluker, says "that a weapon is not
    concealed, even if not in full, open
    view, if it is sufficiently exposed to
    reveal its identity."

    Open Carry Frequently Asked Questions

    What is Open Carry?
    Open Carry (OC) is shorthand terminology
    for "openly carrying a firearm in plain
    sight", as distinguished from concealed
    carry, where firearms cannot be seen by the
    casual observer.

    Do I need a permit to Open Carry like I do
    to Conceal Carry?
    There is no permit required to Open Carry
    in Louisiana.

    Do I give up my right to open carry if I get a
    concealed handgun permit?
    NO! There is no basis for this in law.
    Can I be charged with disturbing the peace
    for open carry?
    Not legally. RS 14:103 is the LA statute
    regarding disturbing of the peace. OC does
    not meet the standards for Disturbing the
    Peace.

    Can I Open Carry anywhere?
    No! Some places are restricted by law.
    School zones (if you are not in your vehicle,
    or on private property), government (state
    and local) buildings, any place that sells
    alcohol for consumption on the premises
    and any private property that posts signs
    expressly forbidding the carrying of
    firearms are just a few examples.

    Learn more about Open Carry
    in Louisiana by visiting our
    website and forum at:
    http://www.laopencarry.org

    Also research Open Carry at the
    following sites:

    Louisiana Legislature webpage
    Look up Revised Statutes and other
    laws:
    http://www.legis.state.la.us/

    Office of the La Attorney General
    Look up AG opinions here:
    http://www.ag.state.la.us/index.aspx

    Municode
    Database of local municipal codes:
    http://www.municode.com/

    Open Carry .org
    A website and discussion forum
    dedicated to promoting the lawful
    Open Carrying of firearms:
    http://www.opencarry.org

    Disclaimer: AS ALWAYS,
    RESEARCH EVERYTHING FOR
    YOURSELF. Ask a lawyer. Nothing
    here should be considered as, nor is it
    intended to be, legal advice.
    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

    "Stay safe..." - Paul "Skidmark" Henick, RIP

  3. #3
    Regular Member bigl0af's Avatar
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    Seems similar to NC open carry rules and regulations...nice! I have heard however that open carry in new orleans can be risky, and to expect to be harassed by nopd. I'm here on my honeymoon so I'm not in my usual mood of "lemme educate an LEO". Can I expect to get harassed by nopd? Are they as bad as their reputation has them to be?

    Thanks again!

    Sent from my SPH-D710 using Tapatalk 2

  4. #4
    Regular Member HeroHog's Avatar
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    OC in NO could be risky I am afraid. Especially for an out of stater. Carry in the glovebox and keep yer head on a swivel would be my advice. Maybe someone from NO can chip in with better more accurate advice?
    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

    "Stay safe..." - Paul "Skidmark" Henick, RIP

  5. #5
    Regular Member bigl0af's Avatar
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    Quote Originally Posted by HeroHog View Post
    OC in NO could be risky I am afraid. Especially for an out of stater. Carry in the glovebox and keep yer head on a swivel would be my advice. Maybe someone from NO can chip in with better more accurate advice?
    I have to ask - if OC is legal then how do these LEO thugs get away with harassing law abiding people? Do they out right detain people without just cause?

    I have to admit, it is not a good feeling being in this town unarmed, nor is it a good feeling worrying about thugs in uniforms busting my chops for trying to legally defend myself.

    Visions of Katrina come to mind - "no one will be allowed to be armed", then they shoot unarmed people on that bridge...

    Ugh frustrating


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  6. #6
    Regular Member
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    Quote Originally Posted by bigl0af View Post
    I have to ask - if OC is legal then how do these LEO thugs get away with harassing law abiding people?
    You answered your own question:

    Visions of Katrina come to mind - "no one will be allowed to be armed", then they shoot unarmed people on that bridge...

  7. #7
    Regular Member HeroHog's Avatar
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    Just remember, it's not ALL NO cops that are the issue... it's just enough to make it an issue...
    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

    "Stay safe..." - Paul "Skidmark" Henick, RIP

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