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Thread: I'm in desperate need of knowing if OC is legal for me

  1. #1
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    Question I'm in desperate need of knowing if OC is legal for me

    I am 19 years old and I am a fisherman. Me and my family do a lot of fishing and hunting for alligators legally of coarse. I own Shotguns which are in my name (18 or older to purchase & possess)...

    What I am trying to get to here is, I have been researching around a lot and asking lots of questions on legality of Handguns.
    Some places/people have said I must be 18+ to open carry in Louisiana but 21 to purchase.

    Why would I have to be 21 to purchase but 18 to open carry? I don't like using other peoples guns because I don't want my fingerprints getting caught up in any crimes with the extremely high murder rate down here in New Orleans. I just need to know the truth on what is legal so I can know what I need to do to proceed. Can I purchase a Handgun at 19 and open carry it?

    (Edit: I just seen online that someone said I must be 21 to purchase from a Dealer, but 18 to receive as a gift from a parent. Is this true?)

    Thanks!
    Last edited by CaptCarlton; 08-07-2012 at 08:40 PM.

  2. #2
    Campaign Veteran MAC702's Avatar
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    Federal law prohibits you purchasing a handgun from a dealer until you are 21. Most states do not have further restrictions, meaning most states allow you to purchase from a private party. It usually does not need to be a "gift" to be legal, in most states. I'm sure an LA expert will be along shortly, but Federal law does not restrict you from private party purchases.
    Last edited by MAC702; 08-07-2012 at 08:48 PM.
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    I'm pretty sure that if it's a gift from a parent then it's your pistol and yes you can carry it. Just make sure you know our state laws about carrying. I'm 19 and I carry my pistol as much as I can. If you want to buy the gun yourself then you only have to be 18 to buy from a third party. So if you find somebody looking to sell a pistol you can buy it. Just make sure they're at least semi-trustworthy and aren't selling the gun super cheap, you could end up buying a stolen gun.

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    Here's something I found in the Louisiana Criminal Code--

    LRS 14:95.8 95.8. Illegal possession of a handgun by a juvenile
    A. It is unlawful for any person who has not attained the age of seventeen years
    knowingly to possess any handgun on his person. Any person possessing any handgun in
    violation of this Section commits the offense of illegal possession of a handgun by a juvenile.


    B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars
    and imprisoned for not less than ninety days and not more than six months.
    (2) On a second conviction, the offender shall be fined not more than five hundred
    dollars and imprisoned with or without hard labor for not more than two years.
    39 (3) On a third or subsequent conviction, the offender shall be fined not more than one
    thousand dollars and imprisoned at hard labor for not more than five years.
    (4) A juvenile adjudicated delinquent under this Section, having been previously found
    guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt
    or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not
    less than five hundred dollars and not more than one thousand dollars and shall be imprisoned
    with or without hard labor for not less than six months and not more than five years. At least
    ninety days shall be served without benefit of probation, parole, or suspension of sentence.

    C. The provisions of this Section shall not apply to any person under the age of
    seventeen years who is:


    (1) Attending a hunter's safety course or a firearms safety course.
    (2) Engaging in practice in the use of a firearm or target shooting at an established range.

    (3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of

    this state.

    (4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this
    Subsection while in possession of an unloaded gun.
    (5) On real property with the permission of his parent or legal guardian and with the
    permission of the owner or lessee of the property.
    (6) At such person's residence and who, with the permission of such person's parent or
    legal guardian, possesses a handgun.
    (7) Possessing a handgun with the written permission of such person's parent or legal
    guardian; provided that such person carries on his person a copy of such written permission.

    D. For the purposes of this Section "handgun" means a firearm as defined in R.S.
    14:37.2, provided however, that the barrel length shall not exceed twelve inches.
    Acts 1999, No. 1218, 1.
    You're not a juvenile (under 17), according to LA law.

    I'm not a lawyer. But, looking at subsection "C" line #3, it appears carrying while hunting is allowed.

    -
    Last edited by tcox4freedom; 08-08-2012 at 10:13 AM.

  5. #5
    Regular Member papa bear's Avatar
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    I tried to do a little research on the subject. I was really surprised that NRA only talked about CC (well not really). I could not find anything saying that open carry was illegal, and even found some info that you can carry at 17 in LA. as far as i can tell you can buy a firearm from private sales or of course gifted. in case of ammo you must be gifted.

    if anyone can cite me wrong, i would welcome it
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    Quote Originally Posted by papa bear View Post
    I tried to do a little research on the subject. I was really surprised that NRA only talked about CC (well not really). I could not find anything saying that open carry was illegal, and even found some info that you can carry at 17 in LA. as far as i can tell you can buy a firearm from private sales or of course gifted. in case of ammo you must be gifted.

    if anyone can cite me wrong, i would welcome it
    I actually found that strange as well. I spent the better part of 1/2 an hour looking through the Louisiana Law website and couldn't find any mention of OC laws.

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    Quote Originally Posted by tcox4freedom View Post
    I actually found that strange as well. I spent the better part of 1/2 an hour looking through the Louisiana Law website and couldn't find any mention of OC laws.
    Here's the OC law in La.

    Article 1 section 11 of the La. Constitution.

    Right to Keep and Bear Arms

    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.

  8. #8
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    Quote Originally Posted by georg jetson View Post
    Here's the OC law in La.

    Article 1 section 11 of the La. Constitution.

    Right to Keep and Bear Arms

    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.

    Plus 1+

    I thought the same thing.

  9. #9
    Regular Member Roger D's Avatar
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    check out Louisiana open carry . org. They are the Louisiana local group for oc.

  10. #10
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    Quote Originally Posted by Roger D View Post
    check out Louisiana open carry . org. They are the Louisiana local group for oc.
    Thanks for the plug Roger and welcome to OCDO.

    Yes, we are the "LOCAL" group for OC. Come see us at LAopencarry.org !!

    LOCAL = Louisiana Open Carry Awareness League.

  11. #11
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    The source of the age 18 restriction is federal law - as is the 21 to buy from an FFL rule.

    Be advised, purchasing from an FFL on behalf of someone who cannot is a crime. I don't know if there is a parental exception. If your parents have any guns that they've had since before you were born, perhaps they could give you one of those?

  12. #12
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    Quote Originally Posted by CaptCarlton View Post

    Can I purchase a Handgun at 19 and open carry it?

    (Edit: I just seen online that someone said I must be 21 to purchase from a Dealer, but 18 to receive as a gift from a parent. Is this true?)

    -Yes, but not from an FFL Dealer.

    - Yes, but the giver does not have to be a parent.

    Open Carrying(In the sense were talking) under the age of 17 is illegal.

    Source;
    RS 14:95.8 - Illegal possession of a handgun by a juvenile
    http://www.legis.state.la.us/lss/lss.asp?doc=78747

    RS 14:91 - Unlawful sales of weapons to minors
    http://www.legis.state.la.us/lss/lss.asp?doc=78703

  13. #13
    Regular Member hermannr's Avatar
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    Guys. I "gift" is not illegal...purchasing from an FFL, with your own money, specifically as a "gift" to someone under 21 is absolutely legal.

    A "straw purchase" is taking someone else's money, that normally cannot purchase, and purchasing for them with their money...that is NOT a gift. A straw purchase is illegal.

    It is NOT illegal for anyone to purchase from an FFL....It is illegal for a FFL TO SELL to someone under 21.

    Please stop calling people who have attained the age of majority (18) "juveniles" An 18 year old is not a Juvenile in any state and any restriction on a juvenile is irrelevant to someone that is 18 or over.

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