Results 1 to 7 of 7

Thread: open carry under 21

  1. #1
    Regular Member
    Join Date
    Sep 2007
    Location
    , ,
    Posts
    3

    Post imported post

    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

    47-A FIREARMS
    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
    District 52
    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.

    Sincerely yours,

    William J. Guste, Jr
    Attorney General

    By: Barbara B. Rutledge
    Assistant Attorney General
    La. Atty. Gen. Op. No. 78-1288, 1978 WL 32438 (La.A.G.)
    END OF DOCUMENT







    RS 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.

    (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.
    Last edited by fat00cajun; 05-06-2013 at 07:53 AM.

  2. #2
    Regular Member
    Join Date
    Sep 2007
    Location
    Baton Rouge, Louisiana, USA
    Posts
    545

    Post imported post

    I think you have some old info on the deputy's concealed carry.

    Where did you read that you can't transport a loaded weapon? Not true either.

  3. #3
    Regular Member
    Join Date
    Sep 2007
    Location
    , ,
    Posts
    3

    Post imported post

    sorry about that i went back and read the passage about possession i posted.now i fully understand it(that's what happens toyou when you stay up till 3 trying to read laws).


    i apologise for how old the information is. I'm searching for as much information as possible before i leave my house open carrying. i know i will be stopped while walking so i will need as much information as possible to explain to the police officer.



    Thank you

    Cajun


  4. #4
    Regular Member
    Join Date
    Sep 2007
    Location
    Baton Rouge, Louisiana, USA
    Posts
    545

    Post imported post

    fat00cajun wrote:
    sorry about that i went back and read the passage about possession i posted.now i fully understand it(that's what happens toyou when you stay up till 3 trying to read laws).


    i apologise for how old the information is. I'm searching for as much information as possible before i leave my house open carrying. i know i will be stopped while walking so i will need as much information as possible to explain to the police officer.



    Thank you

    Cajun
    I'm sorry I can't help on you open carrying at you age I'm old and haven't read much about someone your age.

  5. #5
    Regular Member
    Join Date
    Sep 2007
    Location
    , ,
    Posts
    3

    Post imported post

    i understand it is my right to bare arms. i exercise my right as much a possible. that is why i am trying to find out as much information as i can and everywhere i go i find conflicting information. i will invest some more time into the information you have provided. what i am trying to do exactly right now is trying to find out all the information i can and print up the documents.



    Thankyou

    Cajun
    Last edited by fat00cajun; 05-06-2013 at 07:54 AM.

Posting Permissions

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