Page 1 of 3 123 LastLast
Results 1 to 25 of 62

Thread: Opelousas La no OC

  1. #1
    Regular Member
    Join Date
    Jul 2012
    Location
    Breaux Bridge
    Posts
    13

    Opelousas La no OC

    I was at a gas station this morning in Op. I was approached by an officer asking if I had a concealed permit. I asked why cause I thought La was an OC state. He stated yes but the City of Opelousas is not. I showed him my permit and he asked if I would just cover my weapon while I was in city limits. He was very polite about it all. So if you are in this city, be aware.

  2. #2
    Centurion
    Join Date
    Jun 2008
    Location
    Pleasant Grove, Utah, USA
    Posts
    3,828
    Unless that city has a specific ordinance requiring concealment and the state has no effective preemption then you experienced the vaunted OEO or Opinion Enforcement Officer!
    Last edited by JoeSparky; 07-18-2014 at 04:38 PM.
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  3. #3
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    "That there carryin' openly like that's illegal. But I'm gonnna be a nice guy and not arrest ya for breaking the law, onna count I'm such a nice guy 'n' all. Any other policeman would run ya in, but I'm just gonna ignore your criminal behavior..... this time."

    So... were his lips moving when he told you it was illegal?
    Last edited by Fallschirmjäger; 07-18-2014 at 05:01 PM.

  4. #4
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Quote Originally Posted by JoeSparky View Post
    Unless that city has a specific ordinance requiring concealment and the state has no effective preemption then you experienced the vaunted OEO or Opinion Enforcement Officer!
    I checked Municode and nothing for Opelousas was listed. I found the city website at http://www.cityofopelousas.com/ and again, no local ordinances or statutes listed.
    When something like this happens it is important that we ask the officer politely to cite the statute so that we may advise others.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  5. #5
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,602
    No matter how you define it, BS still stinks.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  6. #6
    Regular Member
    Join Date
    Apr 2013
    Location
    Houma La
    Posts
    17
    Quote Originally Posted by sraacke View Post
    I checked Municode and nothing for Opelousas was listed. I found the city website at http://www.cityofopelousas.com/ and again, no local ordinances or statutes listed.
    When something like this happens it is important that we ask the officer politely to cite the statute so that we may advise others.
    I was filing up in Opelousas a month or so back next to a OPD officer, we had a good talk he never mentioned my 45 on my hip

  7. #7
    Regular Member
    Join Date
    Jul 2012
    Location
    Breaux Bridge
    Posts
    13
    I called later that day to get the city code and no one could "find" it. I'll try again Monday.

  8. #8
    Campaign Veteran ATM's Avatar
    Join Date
    Aug 2009
    Location
    Indiana, USA
    Posts
    365
    Quote Originally Posted by Steelhorse View Post
    I called later that day to get the city code and no one could "find" it. I'll try again Monday.
    If you got the officer's name, perhaps they could "find" him to explain the reason for his fabrication.

  9. #9
    Regular Member EMNofSeattle's Avatar
    Join Date
    Aug 2012
    Location
    S. Kitsap, Washington state
    Posts
    3,763
    Quote Originally Posted by Fallschirmjäger View Post
    "That there carryin' openly like that's illegal. But I'm gonnna be a nice guy and not arrest ya for breaking the law, onna count I'm such a nice guy 'n' all. Any other policeman would run ya in, but I'm just gonna ignore your criminal behavior..... this time."

    So... were his lips moving when he told you it was illegal?
    If I was you, I'd take that there gun and march to the county line, and stop pollutin the minds of this here fine little town.....

    So what if the OP didn't have a CPL would the officer march him to the city limit?
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

    NRA Member

  10. #10
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by Steelhorse View Post
    I was at a gas station this morning in Op. I was approached by an officer asking if I had a concealed permit. I asked why cause I thought La was an OC state. He stated yes but the City of Opelousas is not. I showed him my permit and he asked if I would just cover my weapon while I was in city limits. He was very polite about it all. So if you are in this city, be aware.
    Problem I see is that you had no idea if he was lying or not.

    The law requires you to know ... if a "mistake" is made by you, you'll be in hot water.

    The OP needs to review the laws of the areas he travels and carries if he wants to abide to unconstitutional laws.

  11. #11
    Regular Member
    Join Date
    Jul 2012
    Location
    Breaux Bridge
    Posts
    13
    Quote Originally Posted by ATM View Post
    If you got the officer's name, perhaps they could "find" him to explain the reason for his fabrication.
    it wasn't a fabrication. The city has a preempted law banning OC in city limits. Glad I don't live there.

  12. #12
    Campaign Veteran ATM's Avatar
    Join Date
    Aug 2009
    Location
    Indiana, USA
    Posts
    365
    Quote Originally Posted by Steelhorse View Post
    it wasn't a fabrication. The city has a preempted law banning OC in city limits. Glad I don't live there.
    He fabricated a false sense of legal obligation which did not exist to compel you to conceal.

    What was he going to do if you hadn't complied, attempt to enforce a local ordinance which can't be found despite the fact that it would be nullified by state preemption even if it did exist?

    Sgt. Bowser tried that in another thread - it didn't pan out so well for him or his department.

  13. #13
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Quote Originally Posted by Steelhorse View Post
    it wasn't a fabrication. The city has a preempted law banning OC in city limits. Glad I don't live there.
    I'm unable to find the law. Do you have a copy of it?
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  14. #14
    Regular Member
    Join Date
    Jul 2012
    Location
    Breaux Bridge
    Posts
    13
    Quote Originally Posted by sraacke View Post
    I'm unable to find the law. Do you have a copy of it?
    I'll try and get a copy. I called the City Hall and they qouted some ordinance number but I was unable to write it down. I just haven't been back to that city to get a copy. I'll let ya know when I do.

  15. #15
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,602
    Quote Originally Posted by Steelhorse View Post
    I'll try and get a copy. I called the City Hall and they qouted some ordinance number but I was unable to write it down. I just haven't been back to that city to get a copy. I'll let ya know when I do.
    Would be far easier and quicker to email them - point out that your email IS a FOIA request.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  16. #16
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Quote Originally Posted by Grapeshot View Post
    Would be far easier and quicker to email them - point out that your email IS a FOIA request.
    Grapeshot,
    Would FOIA cover local government? I know it covers Federal but was unsure about stuff at the lower levels like this.
    Louisiana does have a public records law.

    http://www.legis.state.la.us/lss/lss.asp?doc=99688
    RS 44:31
    Right to examine records

    A. Providing access to public records is a responsibility and duty of the appointive or elective office of a custodian and his employees.

    B.(1) Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter, any person of the age of majority may inspect, copy, or reproduce any public record.

    (2) Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter, any person may obtain a copy or reproduction of any public record.

    (3) The burden of proving that a public record is not subject to inspection, copying, or reproduction shall rest with the custodian.

    Amended by Acts 1978, No. 686, §1; Acts 1999, No. 1154, §1; Acts 2004, No. 759, §1.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  17. #17
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,602
    Quote Originally Posted by sraacke View Post
    Grapeshot,
    Would FOIA cover local government? I know it covers Federal but was unsure about stuff at the lower levels like this.
    Louisiana does have a public records law.

    http://www.legis.state.la.us/lss/lss.asp?doc=99688
    RS 44:31
    Right to examine records

    A. Providing access to public records is a responsibility and duty of the appointive or elective office of a custodian and his employees.

    B.(1) Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter, any person of the age of majority may inspect, copy, or reproduce any public record.

    (2) Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter, any person may obtain a copy or reproduction of any public record.

    (3) The burden of proving that a public record is not subject to inspection, copying, or reproduction shall rest with the custodian.

    Amended by Acts 1978, No. 686, §1; Acts 1999, No. 1154, §1; Acts 2004, No. 759, §1.
    That statute says it all - public records ARE subject to FOIA requests.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  18. #18
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    I spoke with Sgt Jody White, OPD Public Information Officer, and requested a copy of the statutes banning OC in his that city. He was out of the office when I called him but assured me that he would look up the information for me. He provided me his email. I sent him an email requesting relevant statutes as well as wording and dates enacted and/or amended per RS 44:31. I expect a reply later today.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  19. #19
    Regular Member
    Join Date
    Jul 2012
    Location
    Breaux Bridge
    Posts
    13
    Quote Originally Posted by sraacke View Post
    I spoke with Sgt Jody White, OPD Public Information Officer, and requested a copy of the statutes banning OC in his that city. He was out of the office when I called him but assured me that he would look up the information for me. He provided me his email. I sent him an email requesting relevant statutes as well as wording and dates enacted and/or amended per RS 44:31. I expect a reply later today.
    I talked with a Lisa Anderson (I think it was Anderson), at city hall and after doing some looking she called me back and said she did not find any such ordinance. The only thing she could find was for CC.

  20. #20
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Steelhorse,
    We didn't get a reply last week to our open record request. If we don't hear from them in a week we will contact them again for a clarification.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  21. #21
    Regular Member HeroHog's Avatar
    Join Date
    Aug 2008
    Location
    Shreveport, LA
    Posts
    653
    NOTE: Emphasis is mine.
    Jody White <white@opelousaspd.com>

    LOCAL,
    Due to recent nationwide developments regarding the open carry of firearms and inquiries by the general public, I did a little research to help aid in your response to the public if questioned.

    LARS 14:95 is the statute that clearly defines the illegal carrying of a weapon.
    Attorney General Opinion No. 78-0795 states that there are no Louisiana state statutes that prohibit the open carry of firearms, BUT, City Ordinance Section 18-10 prohibits "a weapon or weapons concealed on or about the person". This would mean that one Cannot carry a weapon on his/her body. This will not pertain to legally issued "Louisiana conceal carry permits" that, under Louisiana Law, must be concealed. This ordinance does not allow any other carrying of a weapon.

    Some will cite "LARS 40:1796 Preemption of state law" that they will use as justification to nullify local ordinance. That preemption statute is Date Specific as of July 15, 1985 and does NOT nullify the Opelousas City Ordinance due to the fact that LOCAL ORDINANCE PREDATES the preemption clause in that statute. They fail to include that little detail in "Frequently Asked Questions". If you encounter questions regarding open carry, you should advise the public that they need to check local ordinances for open carry laws before making a decision to open carry. This jurisdiction prohibits open carrying of a weapon.

    Contact the City of Opelousas Records Section at 337-948-2520 for copies of City Ordinances.
    '...prohibits "a weapon or weapons concealed on or about the person".' I don't see where that says anything about Un-concealed/Open carry and would think a good lawyer would have a field day with it. Any lawyers out there care to chime in?
    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

  22. #22
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    I agree. They have a law banning concealing a weapon or weapons and they are reading it as "no concealing without a permit and no open carry"
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  23. #23
    Regular Member
    Join Date
    Mar 2008
    Location
    Texas
    Posts
    301
    ...from the LOCAL site that HeroHog posted, we have actual court cases...no lawyer needed...those in the business of enforcing the law have been told...and told...

    http://laopencarry.org/statutes.shtml

    ...and more specifically:
    Attorney General Opinion No. 78-0795 - The AG replies to two questions: "1. Is it legal to carry an exposed handgun?" and "2. Do Parishes and/or Municipalities have the power to regulate the carrying of exposed handguns?" The AG responds, "the carrying of an exposed handgun is not illegal, except as provided in LSA R.S. 14:95.1." And citing City of Shreveport V. Curry and City of Shreveport V. Bukhett, 357 S.2d 1078, (LA. 1978) the AG answers " It is the opinion of this office that the state statutes aforementioned have the purpose of establishing a general scheme to control weapons (handguns) and that a fair reading of those statutes show this would constitute an area in which the state has preempted the legislative control and has implicitly authorized the carrying of unconcealed weapons. Therefore, an ordinance enacted by a Parish and/or Municipality regulating the carrying of exposed handguns would be without effect as being in conflict with State Law.
    Last edited by sheepdog; 08-04-2014 at 11:08 PM.

  24. #24
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Sheepdog,
    As Sgt White correctly points out in his post, La Preemption does not cover local laws in effect before July 1985.
    Cite- http://legis.la.gov/lss/lss.asp?doc=97860
    RS 40:1796 - Preemption of state law
    A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; however, this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.

    B. Nothing in this Section shall prohibit a local governing authority in a high-risk area from developing a plan with federally licensed firearms manufacturers, dealers, or importers to secure the inventory of firearms and ammunition of those licensees in order to prevent looting of the licensee's premises during a declared state of emergency or disaster. Such plan shall be renewed on a periodic basis. The information contained in the plan shall be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the sheriffs of the parishes or police chiefs of municipalities in which the declared state of emergency or disaster exists.

    C. For the purposes of this Section:

    (1) "Declared emergency or disaster" means an emergency or disaster declared by the governor or parish president pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

    (2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.

    Added by Acts 1985, No. 741, §1, eff. July 17, 1985; Acts 2006, No. 254, §1.
    While Sgt White may have a point that our FAQs don't mention this limited or partial preemption, we do inform our members and those asking about restricted areas to research their local laws. We could be more clear in our FAQs and will add a mention of partial preemption to our website shortly. That said, anyone who has been reading our forum since 2009 or who reads our newsletter each month knows the importance we place on open carriers knowing local and state laws.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  25. #25
    Regular Member HeroHog's Avatar
    Join Date
    Aug 2008
    Location
    Shreveport, LA
    Posts
    653

    Exclamation § 18-8.1 opelousas code § 18.10

    Here is the referenced code as sent to us by the OPELOUSAS PD:

    /************************************************/

    § 18-8.1 OPELOUSAS CODE § 18.10

    Sec. 18-10. Weapons-Carrying concealed.
    Whoever shall carry within the corporate limits of the city,
    a weapon or weapons concealed on or about the person, such as
    pistols, bowie knives, dirks, razors, or any other dangerous
    weapons, shall on conviction thereof, suffer fine or im-
    prisonment, the fine not to be less than fifty dollars ($50.00),
    nor more than one hundred dollars ($100.00), and imprison-
    ment not to be less than ten (10) days nor more than
    thirty (30) days, or both such fine and imprisonment at the
    discretion of the city judge, provided that the provisions of
    this section shall not apply to sheriffs, and their deputies,
    constables, city police officers and the city marshal, when in
    the actual discharge of their official duties. (Ord. No. 1, §
    1,1-19-23)

    /************************************************/

    Note that is SPECIFIES Concealed. I don't think they have a leg to stand on!
    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

Page 1 of 3 123 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •