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Thread: Open carry OK where CCW not?

  1. #1
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    Simple question.

    Concealed carry says don't carry in a church, over 21 bar, etc.

    Does this apply to open carry?

    Besides the "I wouldn't suggest it" answer, CAN I? L E G A L L Y?

    Do CCW off limits places apply to open carry or is this a confrontational loophole?

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    Laws are placed to restrict, not allow.

    If there's no Law saying not too, than it's legal.





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    mark edward marchiafava wrote:
    there is a federal law which does
    Cite?

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    mark edward marchiafava wrote:
    Just yesterday, when I went to pick up the check to settle my lawsuit, the attorney and I were discussing that very thing. Example: Banks.
    While LRS 14:95 does not mention banks, there is a federal law which does. Title 40 of the Louisiana statutes has restrictions on CCW that do not apply to open carry.
    Something to remember about Banks.

    They are Federally INSURED, NOT Fedarlly OWNED.

    My Uncle who runs Hibernia in Avoyelles Parish told me that.


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    asforme wrote:
    mark edward marchiafava wrote:
    there is a federal law which does
    Cite?
    I would like to know that one too. Lots of people CC in Louisiana banks and as far as I know it's legal if you have a CHP.

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    mark edward marchiafava wrote:
    Just yesterday, when I went to pick up the check to settle my lawsuit, the attorney and I were discussing that very thing. Example: Banks.
    While LRS 14:95 does not mention banks, there is a federal law which does. Title 40 of the Louisiana statutes has restrictions on CCW that do not apply to open carry.
    Once more congratulations MEM! I believe the bank thing may be a misunderstanding about FDIC vs federal property. I OC regularly into my bank in Seattle.

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    There is no federal law about carrying in banks. Only a couple of states restrict it.


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    which states exactly?


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    whoopingllama wrote:
    which states exactly?
    I don't recall exactly, so don't trust this as reliable information, but off the top of my head I believe South Dakota and one of the Carolinas.



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    Here is section N of the State CCW statute- I will add comments line by line.


    N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:


    (1) A law enforcement office, station, or building. (Many localities prohibit this anyway, openly or concealed, and our State pre-emption Statute allows for these prohibitions, so check your area)


    (2) A detention facility, prison, or jail. (Doubt you are going to pull this one off, regardless)


    (3) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom. (Many localities prohibit this anyway, openly or concealed, and our State pre-emption Statute allows for these prohibitions, so check your area)


    (4) A polling place. (Many of these are in school zones, so watch out, otherwise, I am not aware of a similar prohibition on OC)


    (5) A meeting place of the governing authority of a political subdivision. (Many localities prohibit this anyway, openly or concealed, and our State pre-emption Statute allows for these prohibitions, so check your area)


    (6) The state capitol building. (I am not specifically aware of a prohibitory Statute in State law, but BR probably has one prohibiting this. Again, our State pre-emption Statute allows for these prohibitions)


    (7) Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage. (Federal law applies here, but you can open carry outside the secured area, barring a local ordinance to the contrary- be prepared to get tackled, though)


    (8) Any church, synagogue, mosque, or other similar place of worship. (This one is a clear one- you can open carry here, and you can concealed carry with a Parish permit, as I do)


    (10) Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises. (This one is tricky. You cannot OC, stautorily, anywhere that sells alcohol for consumption on the premesis. This paragraph IMPLIES that you can CC with a permit in non-Class A areas. However, paragrah M. states "No concealed handgun permit shall be valid or entitle any permittee to carry a concealed weapon in any facility, building, location, zone, or area in which firearms are banned by state or federal law."Couple that with thefact that RS 14:95.5statesyou cannot carry in any alcoholic etablishment, and you have an ambiguity. The authorities and permit holders are currently operating under the assumption that the implication triumphs, though, so actually- this is a time where you CAN carry somewhere concealed that you cannot carry open (non-Class A alcoholic establihments)


    (11) Any school "firearm-free zone" as defined in R.S. 14:95.6. (Here is another example of a place you can carry concealed- with the right permit- that you cannot carry open. You WILL risk hard time carrying in a school zone, unless you areconcealing a weapon persuant to a parish permit [see paragraph C4 of RS 14:95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone])

  11. #11
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    11) Any school "firearm-free zone" as defined in R.S. 14:95.6. (Here is another example of a place you can carry concealed- with the right permit- that you cannot carry open. You WILL risk hard time carrying in a school zone, unless you areconcealing a weapon persuant to a parish permit [see paragraph C4 of RS 14:95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone])


    What about if it's in your vehicle on school grounds, isn't that OK? Jus can't get out with it?

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    Jim675 wrote:
    mark edward marchiafava wrote:
    Just yesterday, when I went to pick up the check to settle my lawsuit, the attorney and I were discussing that very thing. Example: Banks.
    While LRS 14:95 does not mention banks, there is a federal law which does. Title 40 of the Louisiana statutes has restrictions on CCW that do not apply to open carry.
    Once more congratulations MEM! I believe the bank thing may be a misunderstanding about FDIC vs federal property. I OC regularly into my bank in Seattle.
    I'll tell not to shoot you too many times with her .357mag.

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    charlie12 wrote:
    11) Any school "firearm-free zone" as defined in R.S. 14:95.6. (Here is another example of a place you can carry concealed- with the right permit- that you cannot carry open. You WILL risk hard time carrying in a school zone, unless you areconcealing a weapon persuant to a parish permit [see paragraph C4 of RS 14:95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone])


    What about if it's in your vehicle on school grounds, isn't that OK? Jus can't get out with it?



    C. The provisions of this Section shall not apply to:


    (1) A federal, state, or local law enforcement officer in the performance of his official duties.


    (2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.


    (3) Any person having the written permission of the principal.


    (4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.


    (5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.


    (6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.


    (7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.


    (8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.

  14. #14
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    Thanks Louisiana Carry

    That's what I though.

  15. #15
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    Always a pleasure.

  16. #16
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    Louisiana Carry, your research states this:


    (8) Any church, synagogue, mosque, or other similar place of worship. (This one is a clear one- you can open carry here, and you can concealed carry with a Parish permit, as I do)



    Can you be asked to leave church under private property angle?

    I vision open carrying ina busy church on a Sunday, the soccer mom liberals getting frantic, the traffic LEO hired by the church coming inside asking youto disarm because he doesn't know the statute above, you don't, a scuffle, handcuffs, lawsuit. But, who to sue, LEO or church?



  17. #17
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    You can always be asked leave private property, for any reason.

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    (4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.

    Does this mean that people with concealed handgun permits may carry within 100 feet of school property?

  19. #19
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    IF it is a permit issued according to 1379.1, NOT 1379.3

    Parish Permit- OK

    State Permit- Not OK





  20. #20
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    So can I carry in a school if I have a parish permit? I live in Bossier Parish, can I get a Caddo Parish permit?

  21. #21
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    Yes, you can carry with a parish permit, no you cannot get a Caddo permit.

    You must live in the parish you get one, and it is only valid for that parish. There is a provision for the issuance of a State version, but it is my understanding they are not issuing the State version anymore, though they should.

    RS 40:1379.3.1 Concealed Handgun Permit Fund; assessment and disposition of fees


    I discussed this in more depth here: LA parish permits... interesting

    eta: FIXED LINK


  22. #22
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    My wife and I both work in Caddo Parish, and she's a schoolteacher. It would be great if I didn't have to disarm to pick her up from school, or if she could carry in school.

  23. #23
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    I thought the school zone gun free zone thingy was a federal law. Did I miss something?

  24. #24
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    Federal law exempts local permits, as long as those permits authorize carry in school zones.

    Look on page two, in the left column:

    Gun Free School Zone Notice

    I must say, if anyone is interested in educating themselves on these laws, everything you need to know (almost) is posted or linked to on LouisianaCarry.org

    In this case, that link comes from this page:

    Index of Federal Law Information

  25. #25
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    You could try the BPSO, and see how it goes. Please report back, if you do.

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