i was wondering, i have read about the fact that you can carry a handgun at 17 and up as long as it is open carry. now heres my question, you cant purchase a handgun untill youre 21 so how would that work. also i have read you cant transport your firearm while it is loaded??? i have tried to obtain a concealed weapons license but you cannot obtain one until you are 21. i have been trying to find out the legalities. thankyou. here is my source of my questions.
Office of the Attorney General
State of LOUISIANA
Opinion No. 78-1288
September 29, 1978
An off duty deputy sheriff cannot carry a concealed weapon beyond the parish
where he is commissioned without a permit by the State Police superintendent.
R.S. 14:95 & R.S. 40:1379.1
Hon. Huntington B. Downer, Jr.
State of LOUISIANA
House of Representatives
P. O. Box 7015
Houma, LA 70361
Dear Mr. Downer:
This office is in receipt of your recent letter requesting an opinion. Your
question, as I appreciate it, is as follows:
Whether a deputy sheriff or other law enforcement officer of a parish can
carry his weapon off duty beyond the parish where he is commissioned?
Pursuant to R.S. 14:95 it is illegal for a private citizen to carry a
concealed weapon, but deputy sheriffs, among certain other designated law
enforcement officers, are excepted. However, beyond the territorial limits of
his jurisdiction an off duty deputy sheriff would be governed by the same laws
as every other citizen.
Therefore, it must be concluded a deputy sheriff could not legally carry a
concealed weapon while off duty and outside of his parish unless he has
received a concealed hand gun permit from the superintendent of state police as
set forth in R.S. 40:1379.1.
Of course, it is pertinent to observe that any citizen may bear arms that are
not concealed. In this regard the LOUISIANA Supreme Court ruled in State v.
Fluker, 311 So. 2d 863, that a weapon is not concealed, even if not in full,
open view, if it is sufficiently exposed to reveal its identity. Thus, a gun
in a holster on one's hip is not illegal.
We hope this sufficiently answers your question but if we may be of further
assistance, please do not hesitate to contact us.
William J. Guste, Jr
By: Barbara B. Rutledge
Assistant Attorney General
La. Atty. Gen. Op. No. 78-1288, 1978 WL 32438 (La.A.G.)
END OF DOCUMENT
§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.
(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.