Planning a trip to Gretna County/New Orleans, advice?

I'm planning a trip up to New Orleans/ Gretna county in a couple months and am going to be staying for about two weeks. I have a couple questions that hopefully you all can help me out on. I'm from Colorado and have been open carrying for a while now, I'm use to Colorado and our Preemption, does Louisiana have a preemption of firearms in place? Do they have a problem with "out of staters" carrying? Anyone from the Area I'm planning on visiting could chime in and let me know how it is to carry there, and if its allowed in all places not restricted by federal laws, I.E. can i carry into a restaurant? can i carry into one that serves alcohol? Not wanting to know about the drinking part, but some states prohibit carrying into any place that sells alcohol by the drink and I'm just not sure on Louisiana's stand on the matter. Really any advice or anything that comes to mind would help greatly. I am looking forward to visiting your great state and am hopeful that i will not have any issues OC while there. anyone that can get back to me would be greatly appreciated, and thank you for your time!

We have Partial Preemption in Louisiana... Laws on the books before 1985 are grandfathered in.
See- RS 40:1796 Preemption of state law
http://www.legis.state.la.us/lss/lss.asp?doc=97860

No carry allowed in any place which sells alcohol for on site consumption.
See- RS 14:95.5 Possession of firearm on premises of alcoholic beverage outlet-
http://www.legis.state.la.us/lss/lss.asp?doc=78744

All this and more in the Legal Center section of the Louisiana Open Carry Awareness League discussion forum at
http://laopencarry.freeforums.org/la-rs-codes-we-should-all-be-familiar-with-t849.html

sraacke said:

We have Partial Preemption in Louisiana... Laws on the books before 1985 are grandfathered in.
See- RS 40:1796 Preemption of state law
http://www.legis.state.la.us/lss/lss.asp?doc=97860

No carry allowed in any place which sells alcohol for on site consumption.
See- RS 14:95.5 Possession of firearm on premises of alcoholic beverage outlet-
http://www.legis.state.la.us/lss/lss.asp?doc=78744

All this and more in the Legal Center section of the Louisiana Open Carry Awareness League discussion forum at
http://laopencarry.freeforums.org/la-rs-codes-we-should-all-be-familiar-with-t849.html

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Hey thanks for the links! and thanks for such a fast reply i didn't expect anyone to get back to me so fast lol. Really looking forward to my trip down there to visit a family member that just recently got moved coast guard bases, if anyone is from the area or familiar with it and can give some great OC friendly places to get some awesome grub down there always wanted to try some Real food from around there so let me know!

One thing i couldn't find on the site you linked or on OCDO is here in Colorado your Vehicle is your private property and you can Open carry or concealed with no permit in your own vehicle, i notice it says you all have Open car carry thats Awesome to hear and sets me at ease a bit, but do you have the same ruling there by chance? meaning you can OC or CC with no permit on your private property? And lastly, and maybe the most important to me (as i don't like carrying around a rock) Ive looked around and haven't found a word on if you can Carry with one in the chamber there, most states do not prohibit that but just to be sure I'm completely law abiding does Louisiana prohibit in any way magazine capacity (15+1?) and do they prohibit or have any law regarding carrying "loaded and chambered?"

Thanks so much for your guys time! I'm sure you get the same questions over and over again, just as we do in Colorado but its always nice to help out a fellow OC'er. Thanks again for the links!

With regards to car carry, you can carry it loaded and where ever you want in the car (glovebox, under the seat, swinging from the rearview mirror, whatever). If you don't have a Conceal carry Permit, don't conceal it on your person. But no permit needed to carry/transport the gun in your vehicle.
There is debate regarding conceal carry on private property. Some argue that it's your home and you can conceal carry without a permit in your home but the wording of the laws do not explicitly say this. Best move would be, if you don't have a permit, don't conceal carry at all, even on private property. See the La State Police CHP section at http://www.lsp.org/handguns.html for info on restricted places and laws in Louisiana.
You can OC on private property as long as the owner of the property doesn't mind.
In Louisiana there is no restriction on carrying with a loaded chamber. You may carry "Condition 1", Locked and Loaded, Etc...

Disclaimer- We are not lawyers. We are a group of guys and gals who organized a grass roots gun rights educational group devoted to educating the masses about the legal rights to openly carry a firearm in Louisiana. We can assist with pointing you to the info you wish to learn but each person is responsible for knowing the laws in the area they will carry in. For more info about Open Carry in Louisiana please see our website at http://www.laopencarry.org and visit our discussion forum at http://laopencarry.freeforums.org/portal.php . There you will find links to statutes and cites for the legallity of open carry. Nothing here should be considered as legal advice. Consult a qualified lawyer. Do not pass go. Don't wear white after Labor Day. Don't take any wooden nickels.

I hope this helps.

sraacke said:

With regards to car carry, you can carry it loaded and where ever you want in the car (glovebox, under the seat, swinging from the rearview mirror, whatever). If you don't have a Conceal carry Permit, don't conceal it on your person. But no permit needed to carry/transport the gun in your vehicle.
There is debate regarding conceal carry on private property. Some argue that it's your home and you can conceal carry without a permit in your home but the wording of the laws do not explicitly say this. Best move would be, if you don't have a permit, don't conceal carry at all, even on private property. See the La State Police CHP section at http://www.lsp.org/handguns.html for info on restricted places and laws in Louisiana.
You can OC on private property as long as the owner of the property doesn't mind.
In Louisiana there is no restriction on carrying with a loaded chamber. You may carry "Condition 1", Locked and Loaded, Etc...

Disclaimer- We are not lawyers. We are a group of guys and gals who organized a grass roots gun rights educational group devoted to educating the masses about the legal rights to openly carry a firearm in Louisiana. We can assist with pointing you to the info you wish to learn but each person is responsible for knowing the laws in the area they will carry in. For more info about Open Carry in Louisiana please see our website at http://www.laopencarry.org and visit our discussion forum at http://laopencarry.freeforums.org/portal.php . There you will find links to statutes and cites for the legallity of open carry. Nothing here should be considered as legal advice. Consult a qualified lawyer. Do not pass go. Don't wear white after Labor Day. Don't take any wooden nickels.

I hope this helps.

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Helps greatly! Really hope you guys out there are able to clear up the debate over private property and CC on said property. After all it is your property and you should be able to do what you wish, including CC. Thanks for the links again, and answering my questions. If anyone from around there could let me know if there are any bans in effect from before preemption that would be great and how the local leo are about OC? Of course i will do my own research and looking at all the laws i can but i find it better to talk to the people that deal with the laws there on a day to day basis to start. its one thing to read black and white, but the truth is theres alot of "grey" in the laws and the ones that have to deal with that from day to day know more about the "grey" area than any written law could tell you. Like your disclaimer and i always intended on looking at everything i can in the next few months. this is just a great starting point to ask some basic questions. I'm really looking forward to my trip and hearing from all of you about the area and whatnot! Maybe if some of you are in the area while I'm there we can get together for some food and a inter state OC conversation, it could be interesting!

oh and hope you guys are able to adress the somewhat silly CC laws you have there, what i read was this
1.
Notify the officer that he has a weapon on his person; (of course as always)

2.
Submit to a pat down; (for doing something legal with no RAS, So they can also pat me down for wearing Red, its wrong in my opinion)

3.
Allow the officer to temporarily disarm him. (For "officer safety" but in reality the more that firearm leaves its "home" (holster) the more danger everyone involved is in. What gives them the right to remove your firearm no matter the situation, would they remove your car, if you were mowing the lawn when they decided to search you would they remove the mower?)

these are just my thoughts on the situation, of course i will abide by all laws in your State, but i really hope you all are able to adress some things that to me just seem in violation of our Rights, i dont know something about.. illegal search and seizure among others ^^ lol. So one more question that came to mind. when it comes to recording, is your state a single party state or do both persons in the converstation need to know that recording is happening and allow it? what i found was it was a single party state, but im just verifying, lot of mis information out there!

With regards to recording, La is a single party state so record away.
With regards to LEO attitude toward Open Carry...It's a mixed bag. Some officers know it's legal and won't hassel you over it. Others will see it and want to detain and interigate. Some Chiefs and Sheriffs are fine with it and some or out right hostile toward citizens openly carrying.
LOCAL sent letters and pamphlets to every Sherrif and most Police Chiefs in La telling them to train their troops on the laws and to respect the rights of citizens to carry openly. A few have stated that they are looking for loopholes or ways to arrrest OCers on other charges. An example of a Sherrif who is not happy with Open Carry is the Sheriff of Jefferson Parish near New Orleans. See this video where we asked him about the practice of Open Carry....
http://www.abc26.com/videogallery/6...-Pt-3/Jefferson-Parish-Sheriff-Newell-Normand (skip ahead to the 5:00minute mark where our question is asked.) Sheriff Normand compares OCers to Wyat Erp and talks about groups "testing" police. He states it's not constitutionally protected. He mentions some case law.
Others will state that an Open Carrier needs a CHP to carry or that there is a local ordinance on the books prohibiting it when there isn't as the officer in this video did. http://www.youtube.com/watch?v=g2dC8MDKKTE

Be safe. Use common sense and discression.

Disclaimer- We are not lawyers. Seek legal advice. Wear your seatbelt and lock your doors. Don't put that in your mouth, you don't know where it's been.

sraacke said:

Disclaimer- We are not lawyers. Seek legal advice. Wear your seatbelt and lock your doors. Don't put that in your mouth, you don't know where it's been.

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Hey thanks for the advice everything is helpful for sure! as for the part i quoted thats too funny almost ruined my keyboard! and my only reponse would haveto be, but it tastes so good! Thanks again for your time!

gutshot said:

Your visit to Louisiana will go a little smoother if you study up on La. civics and government first. There is no Gretna County in Louisiana, Louisiana has no counties. Louisiana has Parishes. Gretna is just across the Mississippi River from New Orleans (Orleans Parish) and is the Parish Seat of Jefferson Parish. Not trying to be too picky, just want to help make your visit go a little more smoothly and it usually does when the locals don't perceive you as alien to their culture.

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find it funny that someone from another state has to point that out to me, and I indeed knew that but it seemed to slip my mind when i was writing this, not quite sure why, but thanks for the reminder! I guess i was looking for more people to Reply and give there point of views and advice that live there, but obviously they use the other forum way more than this one. which is sorta disappointing, was looking forward to a good conversation! Thanks again for your advice i do not know why i put counties instead of parish i should have remembered that before i posted. Either way Thanks for your time!

French Quarter

As was pointed out in another thread a few years ago: if you are playing tourist in the French Quarter, bear in mind that there are elementary schools hidden on many side streets, so it is easy to be within 1000' of a school and never know it. It was recommended that you CC to avoid an "activist" LEO entanglements.

sraacke said:

With regards to car carry, you can carry it loaded and where ever you want in the car (glovebox, under the seat, swinging from the rearview mirror, whatever). If you don't have a Conceal carry Permit, don't conceal it on your person. But no permit needed to carry/transport the gun in your vehicle.

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I was under the impression from various sources that your car IS an extension of your private property and you can carry anyway you want (even concealed on person) and that if cop request that you step out you are still covered because HE requested you exit the property (obviously you want to tell him before doing so to CYA). You can even be in a "gun free zone" (on school property) with your weapon as long as you are in your car.

Again, this is how I understood it, if I have been informed incorrectly please advise so I will know.

Bogus said:

I was under the impression from various sources that your car IS an extension of your private property and you can carry anyway you want (even concealed on person) and that if cop request that you step out you are still covered because HE requested you exit the property (obviously you want to tell him before doing so to CYA). You can even be in a "gun free zone" (on school property) with your weapon as long as you are in your car.

Again, this is how I understood it, if I have been informed incorrectly please advise so I will know.

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Welcome to OCDO Bogus!!

You should come see us at LOCAL... Laopencarry.org. We discuss issues like this and others relevant to Louisiana citizens.

Already there.

Needed to get my source on legal docs to print out and have with me.