Open carry OK where CCW not?

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If someone wanted to push it, you should be able to make them issue one. It is a shall issue permit, and the law is still on the books.

Of course, we are talking legal fees here.

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Louisiana Carry wrote:

If someone wanted to push it, you should be able to make them issue one. It is a shall issue permit, and the law is still on the books.

Of course, we are talking legal fees here.

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Parish permits and statewide versions of parish permits are may issue, not shall issue. It says they "shall have the authority" to issue, not "shall issue".



Another poster mentioned that you need to be a resident of a county to get a parish permit. This is not true, there is no residency requirement on parish permits; however, before you are eligible to be issued a statewide version of the parish permit, you must have a parish permit from your place of domicile.

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Ya'll have my curiosity going good over this. Mark, do you have any experiences with Parish permits in EBR or Ascension?

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There is no dictionary definition of "shall issue." Different statutes use different words. The part that I was referring to is not the part giving the authority to issue permits, it is this part:

[align=justify]§1379.1. Special officers; powers and duties; concealed handgun permit[/align]
[align=justify]G. The chief law enforcement officer of a parish shall have the authority to issue a concealed handgun permit to an individual, which permit shall be valid only within the boundaries of the chief law enforcement officer's parish. Upon application, the officer shall personally perform a standard criminal record check. The officer who performed the standard criminal record check shall not be liable for acts committed by the permittee, unless the officer had actual personal knowledge at the time he issued the permit that the permittee was mentally unstable or disqualified by law from possessing a firearm. Notwithstanding the provisions of this Subsection, the issuance of a permit shall not be unreasonably withheld.[/align]
[align=justify]This means that it is either non-discretionary, or subject to a fairly high degree of scrutiny. "We do not issue permits" is not an acceptable answer.[/align]
[align=justify]You're right about the residency-I had not noticed that it was not a specific requirement. I had simply never heard of anyone getting a permit somewhere besides their own parish, and did not read closely enough. Thanks![/align]
[align=justify]May I ask who you are? Folks from other States are certainly welcome in our little hole at OCDO, but it is unusual for someone so far away to take such an interest (though I am glad you did).[/align]
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Carondalet wrote:

Ya'll have my curiosity going good over this. Mark, do you have any experiences with Parish permits in EBR or Ascension?

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Mark has valid moral objections to permits, so I would bet against this one.

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Carondalet wrote:

Ya'll have my curiosity going good over this. Mark, do you have any experiences with Parish permits in EBR or Ascension?

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Can't say that I have, as I don't cotton to the concept of asking a paid public servant for permission to exercise what I construe as a right.
"Massah, cans I tote my gun?"

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See?

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mark edward marchiafava wrote:

Carondalet wrote:

Ya'll have my curiosity going good over this. Mark, do you have any experiences with Parish permits in EBR or Ascension?

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Can't say that I have, as I don't cotton to the concept of asking a paid public servant for permission to exercise what I construe as a right.
"Massah, cans I tote my gun?"

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I was going to bet on that answer.

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I understand I am part of what the founders refered to as "the militia."
As such, the words "shall not be infringed" come into mind.
Having to jump through hoops and PAY a PAID PUBLIC SERVANT and ASK HIS PERMISSION is my idea of an infringement.
Kinda like asking Bobby "jump ship" Jindal for a permit to speak in public.

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My Wife's Grandfather, Ernie Childress(Former Chief of Warrants for Lake Charles Sheriff Dept.) said very clearly that, once the state started to issue CHL's, the Parish CHL's were no longer VALID.

So Parish CHL's, No longer exist and or valid/needed. The State Permit OVERRIDES it.

According to him :dude:

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Which is why you never get legal advice from anyone other than a lawyer or the legal code itself.

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Dustin wrote:

My Wife's Grandfather, Ernie Childress(Former Chief of Warrants for Lake Charles Sheriff Dept.) said very clearly that, once the state started to issue CHL's, the Parish CHL's were no longer VALID.

So Parish CHL's, No longer exist and or valid/needed. The State Permit OVERRIDES it.

According to him :dude:

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Nothing against your wife's grandfather, but he actually needs to look at the law and follow it. I know, this can be a HARD thing for a lot of LEO's to do (I'm an LEO and I see this quite often). But he is retired, so that's one less uninformed LEO in the ranks.

40.1379.1 is still on the books.

To say that 40.1379.3 overrides it is simply not true. Also .3 has some unconsitutional provisions in the bill such as requiring citizenship, if I recall, there is also a residency requirement for 6 months or something like that.

It sounds like you all need to start pushing sheriffs and the state police to issue .1 permits. You guys can actually have a real CCW law in louisiana.

If your sheriff does not want to do it,then you guys can either sue him, or point out that open carry is legal in most places where CCW with a .3 permit is not and any interference from their department will result in a 42 USC 1983 lawsuit.

It would be nice if another state had people start suing police department heads over concealed carry permits, that way Rhode Island is not the only state with that problem (we are fixing).

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Since when/why would a STATE permit, NOT OVERIDE a Parish/Municipal permit ?

That's the whole reason the State came out with it. So the State could make a "one for all" permit. Again regulated and issued by the STATE & LSP.

I'd like anyone to see if they could actually get a Parish permit, to see if it's possible now. As in today, not 4 years ago.

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For the life of me, I cannot comprehend why anyone would want to waive their RIGHT to bear arms and apply for ANY permit.
If enough people would OPEN CARRY, the very concept of CCW would eventually vanish, IMHO.

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Dustin wrote:

Since when/why would a STATE permit, NOT OVERIDE a Parish/Municipal permit ?

That's the whole reason the State came out with it. So the State could make a "one for all" permit. Again regulated and issued by the STATE & LSP.

I'd like anyone to see if they could actually get a Parish permit, to see if it's possible now. As in today, not 4 years ago.

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Here's mine. It was issued this year.


It is not an override type of situation. They are not in competition with each other.The original statute was not repealed, a separate one was added. Had the legislature wished to abolish the old one, they could have. That was not their intention.

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mark edward marchiafava wrote:

For the life of me, I cannot comprehend why anyone would want to waive their RIGHT to bear arms and apply for ANY permit.
If enough people would OPEN CARRY, the very concept of CCW would eventually vanish, IMHO.

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Not likely. Many people want to conceal their weapon for a perceived tactical advantage, and other reasons.

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Micah,
In your picture, you look GLAD to be photo'd and fingerprinted by the state !!!
The concept of the state taking your picture, fingerprint and cataloging a citizen is totally foreign to my interpretation of liberty and freedom.
Such a concept would be more at home in the Fatherland of the 1930's - 40's.

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I agree. It is one of the Stated goals of Louisiana Carry to get Alaska style carry here in LA. (No permit needed, but those who want one, in order to have reciprocity with other States while traveling can get one).

I intend to acquire a law degree to forward this cause as much as possible.

It is possible that there may come a time in my life when I am willing to carry openly all the time (not yet, as there are many places that I work, like this morning- I already made $1000 in two hours at a business, where I may not be welcome if my weapon is visible).

There may come a time when one of the battles choose to fight is to carry concealed w/o a permit as a specifically chosen act of civil disobedience.

Neither of those times are now, as I have a family that counts on me to earn what I am earning.

In the meantime,I assert that it is imprecise to say that I have waived any rights. I am not pleased about the immoral and unconstitutional (IMO, RE: the COTUS) laws regarding CCW, but I do not waive my right to OC because I have a CHP. A more precise objection to the situation might be that I potentially lend credibility to the State by accepting a permit. Not good, but we must pick our battles. You and I would like to see coercive governments dissolve entirely, I know. You and I are both intelligent enough to know that is not going to happen anytime soon. I put alot of time and energy into forwarding the RKBA in all ways that I see feasible, but- again- I pick my battles. There are benefits, at times, to carrying concealed. There are benefits, at times, to carrying openly. I would rather have the legal option to do both without a permit, but I choose to have the legal option to do both, in the meantime, regardless, for my own reasons. I think you can respect that.

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Dustin wrote:

Since when/why would a STATE permit, NOT OVERIDE a Parish/Municipal permit ?

That's the whole reason the State came out with it. So the State could make a "one for all" permit. Again regulated and issued by the STATE & LSP.

I'd like anyone to see if they could actually get a Parish permit, to see if it's possible now. As in today, not 4 years ago.

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Again, don't forget that I can legally carry concealed in school zones, churches and other places with my parish permit. State permit only holders do not have that option. Get both was my theory.

Should the day come when permits are still legally required, but the restrictions on where you can carry are relieved with the State permit, I would have no use for the parish permit. That day has not arrived, yet. LA Carry is working on it, though.

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mark edward marchiafava wrote:

Micah,
In your picture, you look GLAD to be photo'd and fingerprinted by the state !!!
The concept of the state taking your picture, fingerprint and cataloging a citizen is totally foreign to my interpretation of liberty and freedom.
Such a concept would be more at home in the Fatherland of the 1930's - 40's.

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Oh, and in the first picture I was smirking because I thought it was neat that the deputy let me keep my hat on.