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need some info
- Thread starter jams70816
- Start date
mark edward marchiafava
Banned
imported post
The first place I always suggest is the state constitution, as it is the supreme law of the state. Article 1 sec 11, clearly guarantees the right to bear arms, not merely KEEP arms, as was the case in the recent Heller decision that the supreme court ruled on.
The exercise of a right cannot be subject to a licensing scheme.
If you check Louisiana revised statutes, 14:95, you can read what constitutes "illegal carrying of a firearm." There are other laws in title 40 that address restrictions placed upon persons carrying CONCEALED weapons, but that doesn't apply to open carry.This should be a good start.
The first place I always suggest is the state constitution, as it is the supreme law of the state. Article 1 sec 11, clearly guarantees the right to bear arms, not merely KEEP arms, as was the case in the recent Heller decision that the supreme court ruled on.
The exercise of a right cannot be subject to a licensing scheme.
If you check Louisiana revised statutes, 14:95, you can read what constitutes "illegal carrying of a firearm." There are other laws in title 40 that address restrictions placed upon persons carrying CONCEALED weapons, but that doesn't apply to open carry.This should be a good start.
Liko81
Founder's Club Member
imported post
mark edward marchiafava wrote:
The next step I would take is to contact the Louisiana State Troopers and ask them what their policy is regarding open carry of a firearm. They might tell you it's illegal, that they will detain and/or arrest you, etc. Do not argue with the guy; ask to speak to his boss and if he repeats it, file a complaint, but if all this happens, consider it in your decision to OC.
Louisiana State law says that it is legal to openly carry a firearm in the state, and that no NEW laws may be passed to restrict that right. HOWEVER, there are enforceable local ordinances that were grandfathered in, and cities can still restrict carry in public buildings and some businesses. On top of all that, like I said in another thread, if an officer decides you're about to cool your heels in a holding cell, he's usually right, regardless of how soon thereafter a judge lets you walk. Louisiana does not seem to be known for being OC-friendly, especially in populated areas, and certain jurisdictions may actually have standing to be unfriendly, so check it out ffor yourself before making any assumptions.
mark edward marchiafava wrote:
The next step I would take is to contact the Louisiana State Troopers and ask them what their policy is regarding open carry of a firearm. They might tell you it's illegal, that they will detain and/or arrest you, etc. Do not argue with the guy; ask to speak to his boss and if he repeats it, file a complaint, but if all this happens, consider it in your decision to OC.
Louisiana State law says that it is legal to openly carry a firearm in the state, and that no NEW laws may be passed to restrict that right. HOWEVER, there are enforceable local ordinances that were grandfathered in, and cities can still restrict carry in public buildings and some businesses. On top of all that, like I said in another thread, if an officer decides you're about to cool your heels in a holding cell, he's usually right, regardless of how soon thereafter a judge lets you walk. Louisiana does not seem to be known for being OC-friendly, especially in populated areas, and certain jurisdictions may actually have standing to be unfriendly, so check it out ffor yourself before making any assumptions.
mark edward marchiafava
Banned
imported post
NO, do not EVER call the cops to ask what their "POLICY" is. Know the law, stand your ground, take them to court if need be.
NO, do not EVER call the cops to ask what their "POLICY" is. Know the law, stand your ground, take them to court if need be.
Liko81
Founder's Club Member
imported post
mark edward marchiafava wrote:
I won't repeat myself too much here, save this: if a cop thinks you're going to jail, and you disagree, guess who's usually wrong. "Know the law, stand your ground, take them to court" is laudable, but you have to know what you're getting into; you will have an arrest on your record (bond agencies do background checks), spendmany daysand perhaps thousands of dollars on your defense, and when that's all done, your lawsuit to recover damages and effect a change in policyhas to be argued in front of someone who cares; because of sovereign immunity, the burden is on you to demonstrate that your case should even be heard.
I do not disagree with you in principle, MEM, I really don't.Police and DA practices and policies that are contrary to State law are illegal and must stop, and if it takes a few upstanding citizensgoing through the wringer before we can get it all back on the other end, that's what it takes.However, I think that a little tact is required in this particular case. Getting in legal trouble tends to harm a potential career in any aspect of criminal justice, and as such he has an interest in avoiding police interest and should probably refrain from making too many waves.
mark edward marchiafava wrote:
http://opencarry.mywowbb.com/view_topic.php?id=13692&forum_id=6
I won't repeat myself too much here, save this: if a cop thinks you're going to jail, and you disagree, guess who's usually wrong. "Know the law, stand your ground, take them to court" is laudable, but you have to know what you're getting into; you will have an arrest on your record (bond agencies do background checks), spendmany daysand perhaps thousands of dollars on your defense, and when that's all done, your lawsuit to recover damages and effect a change in policyhas to be argued in front of someone who cares; because of sovereign immunity, the burden is on you to demonstrate that your case should even be heard.
I do not disagree with you in principle, MEM, I really don't.Police and DA practices and policies that are contrary to State law are illegal and must stop, and if it takes a few upstanding citizensgoing through the wringer before we can get it all back on the other end, that's what it takes.However, I think that a little tact is required in this particular case. Getting in legal trouble tends to harm a potential career in any aspect of criminal justice, and as such he has an interest in avoiding police interest and should probably refrain from making too many waves.
WhiteRabbit22
Regular Member
imported post
I agree, you should defend your rights, and try to educate the LEO before he takes you to jail, not after. However, if there is a self defense situation, then it applies, DON'T talk to anybody but your lawyer. Unless you are being detained or arrested, go ahead and defend yourself, but once he whips out the cuffs, shut the hell up.
I agree, you should defend your rights, and try to educate the LEO before he takes you to jail, not after. However, if there is a self defense situation, then it applies, DON'T talk to anybody but your lawyer. Unless you are being detained or arrested, go ahead and defend yourself, but once he whips out the cuffs, shut the hell up.
XD-GEM
Campaign Veteran
imported post
jams70816 wrote:
Seriously, though, go to http://www.louisianacarry.organd poke around a bit. you'll see a list of the most important citations of law. You can also go to the Louisiana Legislative website http://www.legis.state.la.us/and look up ALL of the laws yourself. There's also a Supreme Court Decision, State v. Fluker, which definitively states that OC is a constitutionally protected activity; and another, State v. Ferrand, that states that OC in and of itself does not justify a police stop.
jams70816 wrote:
You'll shoot your eye out, kid.
Seriously, though, go to http://www.louisianacarry.organd poke around a bit. you'll see a list of the most important citations of law. You can also go to the Louisiana Legislative website http://www.legis.state.la.us/and look up ALL of the laws yourself. There's also a Supreme Court Decision, State v. Fluker, which definitively states that OC is a constitutionally protected activity; and another, State v. Ferrand, that states that OC in and of itself does not justify a police stop.