I like the DA letter too
Thread: Open Carry In Louisiana
Here it is, guys. I put this together this evening, and welcome feedback and additions. I understand that small bits of the information on the page are editorial in nature, and that different people have different views. However, as far as I know, it is the best all-on-one-page resource currently available.
Open Carry In Louisiana
I like the DA letter too
I really like when you guys post these things....THANKS!!!
Can you add one more item?
It's the article in the Baton Rouge Advocate finally announcing Mark's victory check
from the Gonazales Police Dept. I now carry a copy with me as well as the attorney
general opinions. It is simple reading for an uneducated LEO!
It's there, under a related FAQ.
Of course it is!
Yes, I have been having to put out fires all over the internet because of that.
You can't. I'm special. :celebrate
Actually, I already correspond with one of the professors there (who wrote the recent bill to allow CCW in schools). I was going to email him when I get a chance and ask him to clear the man up.
Nice site! By the way, the Law Professor left me scratching my head with his comment about weapons having to be visible in a vehicle.
Pro OC Cop wrote:B/c it's a load of Crap.Nice site! By the way, the Law Professor left me scratching my head with his comment about weapons having to be visible in a vehicle.
I could see them pushing that for those States that do not honor your vehicle as an extention of your home.
Bump, just because this should be as visible as possible, IMO.
mark edward marchiafava wrote:Yep the "law professor" is stupid. Where did he get that "stuff" ?Micah,
In the Advocate's article, some so-called "law professor," Donald North, claims the law requires you to keep weapons in your vehicle visible. At least that's MY understanding of his comments. Of course, as an extension of your home, that's absolutely absurd.
Where can I get me a hat like yours?
Louisiana Carry wrote:Bump, just because this should be as visible as possible, IMO.
Just a thought from the peanut gallery----you might want to include R.S. 14:46 and 14:46.1 in there. If someone does get arrested for OC, it might behoove them to know exactly what law the arresting officer is breaking, at least for use down the road in a lawsuit and/or demand for prosecution of the officer.
(And lest anyone accuse me of LEO bashing, I assure you I only bash the ones who cannot be bothered to know the law---I am a New Orleans police officer.)
§46. False imprisonment
False imprisonment is the intentional confinement or detention of another, without his consent and without proper legal authority.
Whoever commits the crime of false imprisonment shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both.
§46.1. False imprisonment; offender armed with dangerous weapon
A. False imprisonment while armed with a dangerous weapon is the unlawful intentional confinement or detention of another while the offender is armed with a dangerous weapon.
B. Whoever commits the crime of false imprisonment while armed with a dangerous weapon shall be imprisoned, with or without hard labor, for not more than ten years.
Added by Acts 1982, No. 752, §1.
OK, my internet-fu is weak today it seems, as I cannot for the life of me get the first link to work right---but if you go to the second one and click "previous section" at the top left, it will take you right to the first one.
Under LA law, a felony is defined as that which may be punished by hard labor.
Under US law, a felony is defined as that which may be punished by imprisonment for over 1 year.
§26. Criminal conspiracy
A. Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.
If the intended basic crime has been consummated, the conspirators may be tried for either the conspiracy or the completed offense, and a conviction for one shall not bar prosecution for the other.
B. Whoever is a party to a criminal conspiracy to commit any crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; provided, however, whoever is a party to a criminal conspiracy to commit a crime punishable by death or life imprisonment shall be imprisoned at hard labor for not more than thirty years.
C. Whoever is a party to a criminal conspiracy to commit any other crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; but such fine or imprisonment shall not exceed one-half of the largest fine, or one-half the longest term of imprisonment prescribed for such offense, or both.
Amended by Acts 1977, No. 538, §1.
And, for the codification of "ignorance of the law is no excuse," we have R.S. 14:17
§17. Mistake of law
Ignorance of the provision of this Code or of any criminal statute is not a defense to any criminal prosecution. However, mistake of law which results in the lack of an intention that consequences which are criminal shall follow, is a defense to a criminal prosecution under the following circumstances:
(1) Where the offender reasonably relied on the act of the legislature in repealing an existing criminal provision, or in otherwise purporting to make the offender's conduct lawful; or
(2) Where the offender reasonably relied on a final judgment of a competent court of last resort that a provision making the conduct in question criminal was unconstitutional.
mark edward marchiafava wrote:Is 46.1(A) considered a felony?
The reason I ask is I am about to go before a grand jury on that very matter.
Not to pry, but if you can answer, I'm curious as to whether you are facing this charge, or whether you are pressing this charge.
I am dying to get a good suit and/or criminal conviction on something like this.
It would give my words a heck of a lot more weight when trying to educate/advise idiot officers and supervisors if I could add a reference to someone losing their job and going to jail to the legal part of the advice.
Welcome to the board scotchy! Glad to have you. Poke around a bit and you'll find Mark's whole story.
Bump, since I can't get a mod or admin reply to a request for a tack.
Yes welcome to the board scotchy.Good to have a LEO "on our side".Did you read about our open carry meetup in Hammond?Be nice to have you attend.I believe Mark is gonna get WBRZ to do a news story on it also.