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.
