My CC permit means I can't OC?

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We all know that some of the worst advice we can get comes from law enforcement officers. I mostly conceal carry but sometimes I OC. I was informed by a neighbor who is a deputy that because I have a state issued concealed carry permit I can't OC. Hisstatement was basically that by getting the permit I hadvoluntarilygiven up my right to open carry. I've had CCW permits going back to the days when they were issued by individual parishes. I've read numerous state laws and taken several carry classes over the years. I have never heard this before. I have looked all over mybooklets and training manuals. I have searched the LSP website. I can't find anything anywhere telling me that having a CCW permit means I can't OC. I think the deputy is full of bovine feces. Anyone else heard of this?

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yale wrote:

We all know that some of the worst advice we can get comes from law enforcement officers. I mostly conceal carry but sometimes I OC. I was informed by a neighbor who is a deputy that because I have a state issued concealed carry permit I can't OC. Hisstatement was basically that by getting the permit I hadvoluntarilygiven up my right to open carry. I've had CCW permits going back to the days when they were issued by individual parishes. I've read numerous state laws and taken several carry classes over the years. I have never heard this before. I have looked all over mybooklets and training manuals. I have searched the LSP website. I can't find anything anywhere telling me that having a CCW permit means I can't OC. I think the deputy is full of bovine feces. Anyone else heard of this?

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Sounds to me like your neighbor, should NEVER be invited to another BBQ AGAIN !

Just another LEO giving a Bad name to all the Good LEO's.

What a tird ? What kind of sensedoes that even make ?

I'll look around, but I'm pretty sure we won't find anything.

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He may be thinking of Negligent Carry, LRS 40:1382:

(2) When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.


But a holstered sidearm only falls under that definition in the most psychotic of minds.

The way I read the law, you legally be at 0.06 BAC while carrying openly, so it'd be odd if you couldn't carry openly while subject to a CCW.

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I believe you need to meet Mark Edward Marchiafava.

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yale wrote:

We all know that some of the worst advice we can get comes from law enforcement officers. I mostly conceal carry but sometimes I OC. I was informed by a neighbor who is a deputy that because I have a state issued concealed carry permit I can't OC. Hisstatement was basically that by getting the permit I hadvoluntarilygiven up my right to open carry. I've had CCW permits going back to the days when they were issued by individual parishes. I've read numerous state laws and taken several carry classes over the years. I have never heard this before. I have looked all over mybooklets and training manuals. I have searched the LSP website. I can't find anything anywhere telling me that having a CCW permit means I can't OC. I think the deputy is full of bovine feces. Anyone else heard of this?

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He's full of that bull stuff you said. Who does he work for and what does he do? Jail deputy or road deputy?

I've had a CHP since they started and I've never read that anywhere.

Tell him to show YOU where it's written.

Call the State Police Concealed Handgun Section and ask them.

Jump in Mark.

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Not only is that untrue, it is something that has been going around for long enough that I have posted an offer of a $1000 reward in several places across the internet for anyone who can show me the law that says that.

Don't worry- it is not there.

It is not an uncommon miconception, though. I do not know about the current administration, but several State certified trainers have told me that the LSP told them that. It is still BS.

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Having a CC License means you must only conceal as much as having a Driver's License means you're no longer allowed to walk anywhere again.

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The LEO may be mistaking his rules for ours. I've heard of different police departments banning OC if you are an LEO, even caliber restrictions. I believe he's thinking of what HE can't do, and just applying it to everyone else.

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Doubtful.

Like I said, this is a somewhat prolific belief among law enforcement and trainers- in various parts of the State. The man that was over the CHP unit before the current man told me on the phone that- while he admitted there was no legal basis for it- he would consider the holstered weapon "brandishing" and therefore negligent carry of a concealed weapon.

BS, I know, but there it is.

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... he would consider the holstered weapon "brandishing" and therefore negligent carry of a concealed weapon.

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I'd love to take some of that sh*** to a jury trial and win some false arrest money like the good Mr. Marchiafava did.

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I hear ya.

I open carry with a CHP every day.

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yale wrote:

SNIP I was informed by a neighbor who is a deputy that because I have a state issued concealed carry permit I can't OC.

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We get this sort of thing from LEO's from time to time.

Its bovine effluvia.

Another way of looking at it would be to say that it would have to be illegal to OC anyway. In which case you would have only been able to CC all along. And since you could never have OC'd, there wouldn't be any OC right to "lose."

If the legislaturewanted OC to be illegal, it would be. If they wantedyou to give up your OC rights when you got a CC permit,the law would say so.

They're just trying to be lawyers. And judges--interpreting the law.

He's probably heard this from some cop internet forum or something.

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I almost don't want to bring this up again, but this information is still being taught - also that if you accidentally expose your CC firearm you're in violation of the law. Today I asked my instructors if they were absolutely sure of this and they said they were, but would check the laws again and let me know. They're decent guys and I would normally have taken them at their word on this except for the various postings I've read here.

I just spent a few hours re-reading the firearm laws and the Concealed Carry Administrative code and can find nothing to justify this. I'm planning on calling LSP tomorrow for their take on it.

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LSP is where the info originated, there is nothing about it in the law.

Their last Sgt. told me that was his take, even though I also got him to admit that the law did not back him up.

They have a new Sgt., though- maybe he is more reasonable.

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'They stuck on stupid in LA? 'Sounds like it. ONE... you cannot 'give up' a RIGHT. I don't think from readin' this those local yokel Barney Fife's know what actual Rights are.

'CONCEALED CARRY is NOT a Right. 'Got nuthin' to do with the Right to self defense... 'just 'permission' from the Gummint to CONCEAL the weapon. BG's conceal most always... so that separates your intentions from theirs.

One actiondoesn't trump the other. It's a permit to 'Conceal'... that's all.You don't need anybody's permission to open carry. Any 'authority' sez you do is in violation of the US Constitution. Yeah... there are those that do... 'n get away with it... But their day's comin' to an end soon.

The Constitution only recognizes actual rights.. not grant them. The Constitution recognizes the pre-existance of such rights and declares they should be protected and not infringed upon.

Whoever that cop was needs to go back thru CJ-101 training... as well as his stupidvisors.

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Sonora, you have a nice way with words.

I wasn't able to call Sgt. Starnes today - a co-worker went out sick and I had to take up his work in addition to mine. If he's there tomorrow, I'll have time to try again.

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When I was a cop... I was pretty much up on any 'law' I'd prob'ly encounter bein' broken. Yeah... I've busted people for concealed weapons. Guns, knives, straight razors, even saw blades (shanks) taped to legs. They were usually doin' somethin' 'other' and the weapons found incidental to that 'arrest'.

That said... I still expect LEO's to be up on and aware of things they're most likely to encounter. I also expect these 'firearms training wonks' in the CCW courses to be cognizant of actual 'law' rather than 'lore'... or possibly their own opinions.

It may well be that a LA LEO cannot OC... I dunno. I know some departments specify what brand and calibre of gunthey may carry off-duty as a fact.

This isn't (as y'all have prob'ly noticed) uncommon in LA... 'n many other States. Cops DO NOT KNOW specifics of RTKBA in their States or jurisdictions. People keep gettin' arrested/hassled for doing NOTHING illegal. The Media... (which could alleviate this sort'a stuff at least locally) does nothing.

If anything... the media will further exacerbate the situation with theis never ending parade of 'Permit, License, 'n Registration B.S. that DOES NOT EXIST in most places.

Meanwhile... we continue to get old wives talessubstitutedfor 'law'. :banghead:

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Yes, you CAN give up a right, but it's got to be done with your full knowledge and consent and not under duress.

Bill, we're motorcyling through the Smokey Mountains, we'll try to check the computer every night.

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It took me a moment. I saw the Bonnie Blue Flag and was like "Wait... what? I didn't post this(?)." Then I was like... "Oh, I see."

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I love the fact that u have the bonnie blue on your sig. Not everybody knows what that is.