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Thread: **VIDEO** of being stopped for OPEN CARRY in Louisiana

  1. #1
    Regular Member Breanne's Avatar
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    Angry **VIDEO** of being stopped for OPEN CARRY in Louisiana

    I remained polite with the officer, in order to avoid escalating the situation.
    I was on my bicycle riding around the neighborhood, headed home, when I heard sirens. Check out the video here:
    http://youtu.be/g2dC8MDKKTE

    Also, I will be calling the department as the officer stated that I "could not carry within the city limits". Ignorant.

    Of course, she's also the same one who encouraged me to get a can of pepper spray.

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    The officer in the video straight up LIED to you. There is no city ordinance against oc in pontchatoula, and even if there were, this state has pre-emption, meaning local laws are moot against state law. You should contact the Pontchatoula police chief IMMEDIATELY and file a complaint. She was using her assumption of your ignorance of La. law as leverage to enforce her agenda. DON'T LET THIS SLIDE. A TPSO deputy tried that same "city ordinance, then parish law", and finally Wal mart policy crap with me once and when he called his superior he had to apologize for his ignorance of the law. LEOs around here expect the masses to take what they say at face value as fact, when they are woefully ignorant of the laws they are supposed to enforce.
    Last edited by Valerius; 05-29-2012 at 04:54 PM. Reason: spelling error

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    Breanne, have you verified that there is no city ordinance in Ponchatoula concerning OC?

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    You speaketh too much
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    Campaign Veteran EXTREMEOPS1's Avatar
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    Too much info

    Hello officer am I being detained am I free to go? Is the only response needed. Great job on being able to video your encounter now delete all you personal details or you will be the victim of identity theft from the less unscrupulous out there. Carry on!
    "There is only one tactical principle which is not subject to change. It is to use the means at hand to inflict the maximum amount of wound, death, and destruction on the enemy in the minimum amount of time."

    - General George S. Patton, Jr.

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    Regular Member sraacke's Avatar
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    I'd be interested in having her or someone from the department CITE the local ordinance she referred to.
    and even if there were, this state has pre-emption, meaning local laws are moot against state law.
    Actually, laws in effect before the preemption law went into effect are grandfathered. So we only have partial preemption. IF there is such an ordinance which was in place before 1985 when preemption started then it would be valid.
    President/ Founding Member
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    I'm sorry it had to happen so soon. As I said in the other thread know the law and that it is legal to carry. Your stop was much calmer than mine. But, she should know that it is legal and had no right to tell you how to carry your weapon. And to say you "must" have a CHP to carry us complete bull.

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    Pontchatoula Muni code sec 30-272 Illegal caring of a weapon there are 5 definitions,

    none of which are of OCing. Look it up, read it and print it out.

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    Is a bike not considered a vehicle in LA? In some states (to the best of my knowledge) a bike is considered a vehicle, and OC on a bicycle without a permit is illegal...

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    Regular Member sraacke's Avatar
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    Quote Originally Posted by Hunterdave View Post
    Pontchatoula Muni code sec 30-272 Illegal caring of a weapon there are 5 definitions,

    none of which are of OCing. Look it up, read it and print it out.
    Source-
    http://www.cityofponchatoula.com/dow...ttachment/3424
    Sec. 30-272. Illegal carrying of weapons.
    (a) It shall be unlawful for any person to commit illegal carrying of weapons. Illegal
    carrying of weapons is:
    (1) The intentional concealment of any firearm, or other instrumentality customarily used
    or intended for probable use as a dangerous weapon, on one's person;
    (2) The ownership, possession, custody or use of any firearm, or other instrumentality
    customarily used as a dangerous weapon, at any time by an enemy alien;
    (3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine,
    or explosives, or other instrumentality customarily used by thieves or burglars at any
    time by any person with the intent to commit a crime or violate an ordinance; or
    (4) The manufacture, ownership, possession, custody or use of any switchblade knife,
    spring knife or other knife or similar instrument having a blade which may be
    automatically unfolded or extended from a handle by the manipulation of a button,
    switch, latch, or similar contrivance.
    (5) a. The intentional possession or use by any person of a dangerous weapon on a
    school campus during regular school hours or on a school bus. The term "school"
    means any elementary, secondary, high school, or vo-tech school in this state and
    the term "campus" means all facilities and property within the boundary of the
    school property. The term "school bus" means any motor bus being used to
    transport children to and from school or in connection with school activities.
    b. The provisions of this subsection shall not apply to either:
    1. A peace officer in the performance of his official duties. The term "peace
    officer," as used in this section, means any constable, marshal, deputy
    marshal, sheriff, deputy sheriff, local or state police officer, commissioned
    wildlife enforcement agent, federal law enforcement officer, jail or prison
    guard, parole officer, probation officer, judge, attorney general, assistant
    attorney general, attorney general's investigator, district attorney, assistant
    district attorney, or district attorney's investigator.
    2. A school official or employee acting during the normal course of his
    employment or a student acting under the direction of such school official or
    employee.
    3. Any person having the written permission of the principal or school board
    and engaged in competition or in marksmanship or safety instruction.
    (b) (1) The provisions of this section except subsection (a)(4) of this section shall not
    apply to law enforcement officers when in the actual discharge of official duties,
    or if not actually discharging official duties, when the law enforcement officers
    are full-time, active, or retired from full-time active law enforcement service with
    at least 16 years of service upon retirement, excluding medical retirees, and
    certified by the council on peace officer standards and training and have on their
    persons valid identification as duly commissioned law enforcement officers or
    retired law enforcement officers. The retired law enforcement officer must be
    retired from full-time active law enforcement service with at least 16 years
    service upon retirement. The retired law enforcement officer must be certified
    annually in the use of firearms by the council on peace officer standards and
    training and have proof of such certification.
    (2) a. The provisions of this section except subsection (a)(4) of this section shall not
    apply to reserve or auxiliary law enforcement officers qualified annually by
    the council on peace officer standards and training and who have on their
    person valid identification as retired reserve law or auxiliary municipal
    police officers. The retired reserve or auxiliary municipal police officer must
    be qualified annually in the use of firearms by the council on peace officer
    standards and training and have proof of such certification.
    b. For the purposes of this subsection, a reserve or auxiliary municipal police
    officer shall be defined as a volunteer, nonregular, sworn member of a law
    enforcement agency who serves with or without compensation and has
    regular police powers while functioning as such agency's representative,
    and who participates on a regular basis in agency activities including but
    not limited to those pertaining to crime prevention or control, and the
    preservation of the peace and enforcement of the law.
    (c) This section shall not prohibit active justices or judges of the supreme court, courts of
    appeal, district courts, parish courts, juvenile courts, family courts, city courts, and traffic
    courts, constables, justices of the peace, and full-time college or university police officers from
    possessing and concealing on their person a properly registered firearm or handgun when
    authorized by law.
    (d)(1) This section shall not prohibit:
    a. The ownership of rescue knives by commissioned full-time law enforcement
    officers.
    b. The carrying of rescue knives by commissioned full-time law enforcement
    officers who are in the actual discharge of their official duties.
    c. The sale of rescue knives to commissioned full-time law enforcement
    officers.
    d. The ownership or possession of rescue knives by merchants who own or
    possess the knives solely as inventory to be offered for sale to commissioned
    full-time law enforcement officers.
    (2) As used in subsection (d)(1) d. of this section, a "rescue knife" is a folding knife,
    which can be readily and easily opened with one hand and which has at least one
    blade which is designed to be used to free individuals who are trapped by
    automobile seat belts, or at least one blade which is designed for a similar
    purpose. No blade of a rescue knife shall exceed five inches in length.
    State law reference—Similar provisions, R.S. 14:95.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

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    Quote Originally Posted by badey View Post
    Is a bike not considered a vehicle in LA? In some states (to the best of my knowledge) a bike is considered a vehicle, and OC on a bicycle without a permit is illegal...


    In Louisiana, a vehicle is considered an extension of your home and a weapon can be carried concealed or openly in that vehicle.(without ANY permit)
    Last edited by Hunterdave; 05-30-2012 at 11:55 AM.

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    Quote Originally Posted by Hunterdave View Post
    In Louisiana, a vehicle is considered an extension of your home and a weapon can be carried concealed or openly in that vehicle.(without ANY permit)
    This is incorrect and a dangerous propagation of rumor. The concealed firearm law is contained in RS 14:95. There is no exception for your vehicle or home.

    If you feel I'm in error, please post the relevant law or jurisprudence.

    Edit - Because 14:95 contains the "on one's person" clause, a firearm concealed "not on one's person" is not regulated. However, I recommend doing some research on what is considered "on one's person".
    Last edited by georg jetson; 05-30-2012 at 02:58 PM.

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    Regular Member Breanne's Avatar
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    Quote Originally Posted by georg jetson View Post
    This is incorrect and a dangerous propagation of rumor. The concealed firearm law is contained in RS 14:95. There is no exception for your vehicle or home.

    If you feel I'm in error, please post the relevant law or jurisprudence.

    Edit - Because 14:95 contains the "on one's person" clause, a firearm concealed "not on one's person" is not regulated. However, I recommend doing some research on what is considered "on one's person".
    Wait so are you saying I can't open carry on a bike then??

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    Quote Originally Posted by Breanne View Post
    Wait so are you saying I can't open carry on a bike then??
    No ma'am. Sometimes threads can get a bit off topic and sometimes it's difficult to talk about OC without bringing up CC.

    According to state law, OC is a protected right regardless of your mode of transportation. However, there are some local governments (parishes/cities) that may have enacted anti-OC legislation prior to 1985. These have to be fixed on a case by case basis. You need to verify that Ponchatoula has no such code. I can tell you for sure that Tangipahoa Parish has no such anti-OC ordinances.

    I can tell by your video(s) that you're a very enthusiastic and outgoing person. You'll find that when it comes to OC, those traits should be balanced with an equal portion of patience and forethought.

    We're having an OC meeting next Wednesday on the 6th. You should definitely try to make it.
    Last edited by georg jetson; 05-30-2012 at 03:51 PM.

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    I've looked through the Ponchatoula code at the link Steve provided and I agree with Hunterdave. There appears to be nothing anti-OC.
    Last edited by georg jetson; 05-30-2012 at 04:19 PM.

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    Regular Member Breanne's Avatar
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    Quote Originally Posted by georg jetson View Post

    We're having an OC meeting next Wednesday on the 6th. You should definitely try to make it.

    Sure, where at?

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    Quote Originally Posted by Breanne View Post
    Sure, where at?
    Here's a link to the sticky at the top of the Louisiana thread. I suppose Steve will be updating the sticky for next week's meeting. I would but, I don't know how.

    http://forum.opencarry.com/forums/sh...and-Shreveport

  18. #18
    Regular Member sraacke's Avatar
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    Quote Originally Posted by georg jetson View Post
    Here's a link to the sticky at the top of the Louisiana thread. I suppose Steve will be updating the sticky for next week's meeting. I would but, I don't know how.

    http://forum.opencarry.com/forums/sh...and-Shreveport
    I'll be posting an update soon. Basically, the SouthEast Chapter of LOCAL meets at the IHOP in LaPlace, La on the first Wednesday night of each month at 6:30pm.
    The guys in Shreveport, the NorthWest Chapter, have been meeting at the IHOP up there but are discussing having their June meeting at another resturant.
    The meetings are open to nonmembers as well so feel free to drop by.
    President/ Founding Member
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    www.laopencarry.org

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    Quote Originally Posted by badey View Post
    Is a bike not considered a vehicle in LA? In some states (to the best of my knowledge) a bike is considered a vehicle, and OC on a bicycle without a permit is illegal...
    only if a permit is required when in a vehicle... last I checked that's not the case in LA.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    Quote Originally Posted by georg jetson View Post
    This is incorrect and a dangerous propagation of rumor. The concealed firearm law is contained in RS 14:95. There is no exception for your vehicle or home.

    If you feel I'm in error, please post the relevant law or jurisprudence.

    Edit - Because 14:95 contains the "on one's person" clause, a firearm concealed "not on one's person" is not regulated. However, I recommend doing some research on what is considered "on one's person".
    I should have said "concealed within the vehicle, but not on one's person" without a permit, as that is what I meant.

    Did not mean to propagate any misconceptions.
    Last edited by Hunterdave; 05-30-2012 at 08:22 PM.

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    Regular Member Sig229's Avatar
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    Can I make a suggestion?

    Edit out all of your personal info from a public youtube vid.

    There are ways to get your SS# from your DL number.

    Either way, good for you OC'ing. More ladies should do the same.

    Also, whats up with the empty basket on the bike?
    Plenty of room for extra mags and kittens.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

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