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Thread: Concealment Question

  1. #1
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    If you own a CHP License.

    Is it possible to get ANY kind of "Illegal Concealment Charge" bought against you ?

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    If you're in a state where carry weapon must match license....and it doesn't. That comes to mind.

    Dunno about La., but Ky. allows carry of ANY legal weapon.

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    I think he was meaning LA specific.

    Anyway, yes there is.

    If you are carrying in a prohibited place, they could either hit you with a violation of paragraph L of RS 40:1379.3 (Statewide permits for concealed handguns; application procedures; definitions) or possibly consider you to be carrying without the authority of the permit (depending on the circumstances), which would leave you open to be charged with RS 14:95 (Illegal carrying of weapons).

    Additionally, there is a statute specifically geared towards charging CHP holders with weapons violations: RS 40:1382 Negligent carrying of a concealed handgun

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    Regular Member sraacke's Avatar
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    mark edward marchiafava wrote:
    40.1379 cannot apply to OC, can it?
    Interesting question.

    Possible derail-> Personally I've often wondered about this ban on Concealed Carry-

    (9) A parade or demonstration for which a permit is issued by a governmental entity.

    How does that hold for Open Carry?For example, If I want to OC at the Hunt Prison Christmas parade in St Gabriel, would that be legal? It's on public streets, outside of school zones so can they legally prohibit OC in a situation like that?

    President/ Founding Member
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    mark edward marchiafava wrote:
    That is EXACTLY what I am curious about.
    Since I never wimped out and begged permission for a "permit,"
    where did I surrender my right to carry at a parade?
    I was wanting to ask the same question.I went to a Christmas parade last Sunday,& was wondering if the "cannot carry at a parade"under the concealed carry law,applied to OC?

    My daughter was marching,& I did not want to miss seeing her,so to avoid a confrontation,& possible trouble not knowing if I would be "legal" or not,I left my weapon in my truck.

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    I DO NOT plan on getting a CWP. I was just wondering is you had your firearm on your hip, with a jacket on, and sometimes the jacket would cover it, sometimes it wouldn't, would you ever be in danger of any law breaking ?

    IMO, If your carrying in a legal place to carry, and you have a permit, than you should NEVER run the risk of having ANY issue. Right ?

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    mark edward marchiafava wrote:
    I admire you for not getting a permit. Free men don't need permits.
    However, if your jacket "sometimes" covers your sidearm, you ARE leaving yourself wide open for being charged with a violation of 14:95, illegal carrying of a weapon.
    Actually, WITH a permit, you seem to lose some of your rights to carry. I haven't read the restrictions imposed upon permit holders in quite some time, but if you do read them, you may want to avoid a permit, IMHO.
    I've read most of them and I agree. Having a CWP will defintely restrict your freedoms.

    I tell folks all the time that unless they are willing to get a permit for their freedom of religion, or freedom of speech, then they should re-consider gettinga permitfor their freedom to carry.

    But the Jacket cover up could lead to trouble, which is the only reason I ever thought about getting a CWP.

    But my Heart won't let me get one.

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    mark edward marchiafava wrote:
    Just what part of the POLICE STATE OF LOUISIANA do you reside in?
    About 40 minutes North of Lake Charles, a little town named Dry Creek.



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    mark edward marchiafava wrote:
    Home of James David Cain?
    Yep, the man with 3 Bible names.

    They needed to put a Cell Tower up in Dry Creek for some reason,

    And for Some reason it ended up on James David Cain's Land.

    Weird Huh ?

    Most folks around here wouldn't piss on him if here were on fire. The one's I talk to anyway, yet somehow he wins ?

    If he does something for you, you better believe, HE'LL NEVER FORGET it, and he'll make sure you don't either.

    Honestly though, This is all what I hear, I'm not from here, just live here b/c when I got of the Marines the housing market was in the dumps, so my Father-In-Law gave us some land to live on until we build a house in several years.

    Everyone here knows my Father-In-Law. Mark Foreman - Foreman's Boudin & Sausage. He sells that stuff all over the south especially Lake Charles.







  10. #10
    Regular Member sraacke's Avatar
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    Ok, regarding carrying at parades, check this out.

    http://www.wafb.com/Global/story.asp?S=9523293
    Man cited at parade for carrying concealed weapon while drinking alcohol









    GONZALES, LA (WAFB) - A man trying to catch some throws at the Gonzales Christmas Parade quickly became the center of attention when a gun appeared from under his shirt.

    Revelers had to wait a little longer to see Santa in the parade Sunday afternoon, when a sheriff's deputy spotted the gun on the man near the Blue Runner Factory on Airline.

    Gonzales Police Chief Bill Landry says officers took the man into custody, but he was released when they learned he had a permit to carry a gun.
    Landry says he did, however, get cited because he was drinking alcohol, which is against the law when carrying a concealed weapon.


    We've discussed that even if you have a CCW permit you can't carry at a parade where a government entity issued a permit for that parade or demonstration.

    So here was a guy, concealing a gun under his shirt at a parade. I'm not a betting man but I'd be willing to bet that the Gonzales Christmans parade must have ben operating under some sort of city permit. Even without the guy drinking alcohol it should have been enough for the nazis from GPD to arrest the guy. Unless, for some reason, since it's a city sponsered parade there is no permit required or issued for the parade.

    Either way, wether it's because he carried at the parade or because he was drinking, I'm pretty sure the State Police will revoke his CCW very soon.

    President/ Founding Member
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    Dustin wrote:
    Having a CWP will defintely restrict your freedoms.
    Wouldn't the CWP rules only apply if you were concealing? I honestly don't know, I'm just curious.

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    FogRider wrote:
    Dustin wrote:
    Having a CWP will defintely restrict your freedoms.
    Wouldn't the CWP rules only apply if you were concealing? I honestly don't know, I'm just curious.
    That's the Million Dollar question :?

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    So if the guy in Gonzales had a CC permit and Mark's friends busted him for drinking while carrying a CW and didn't get him to blow and if he didn't blow a .05 or higher then he didn't break the drinking part of the CC rules.

    Check please.

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    Is 0.05 the standard for concealed carry in the LRS?


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    KBCraig wrote:
    Is 0.05 the standard for concealed carry in the LRS?
    A permittee may not carry and conceal a handgun while under the influence of alcohol or a controlled dangerous substance (CDS) as defined in R.S. 40:961 and 964. For purposes of the concealed handgun law, a permittee is considered under the influence of alcohol when a blood alcohol reading of .05% or greater by weight of alcohol in the blood is obtained, or a blood or urine test shows any confirmed presence of a CDS.

    The permit to carry a concealed handgun shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun under any of the following circumstances:

    1. The blood alcohol reading of the permittee is .05% or greater by weight of alcohol in the blood;
    2. The permittee's blood test or urine test shows the confirmed presence of a CDS as defined in R.S. 40:961 and 964;
    3. The permittee refuses to submit to a department certified chemical test when requested to do so by a law enforcement officer.

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    Still wondering about OC at a parade?

    I've read the CCW laws,& it does state that you can't carry concealed at a parade(that has a government issued permit or somthing like that).

    But,I cant find anything about OC???

    Makes me wonder why the guy at the Gonzales parade didn't get arrested?(unless they didn't need a permit?or the guy was an off duty LEO from somewhere else?)

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    charlie12 wrote:
    The permit to carry a concealed handgun shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun under any of the following circumstances:
    1. The blood alcohol reading of the permittee is .05% or greater by weight of alcohol in the blood;
    2. The permittee's blood test or urine test shows the confirmed presence of a CDS as defined in R.S. 40:961 and 964;
    3. The permittee refuses to submit to a department certified chemical test when requested to do so by a law enforcement officer.
    :shock::shock::shock:

    Wow! No PC or RAS required, they can just request that you take a chemical test at any time, and revoke your permit if you refuse?

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    KBCraig wrote:
    charlie12 wrote:
    The permit to carry a concealed handgun shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun under any of the following circumstances:
    1. The blood alcohol reading of the permittee is .05% or greater by weight of alcohol in the blood;
    2. The permittee's blood test or urine test shows the confirmed presence of a CDS as defined in R.S. 40:961 and 964;
    3. The permittee refuses to submit to a department certified chemical test when requested to do so by a law enforcement officer.
    :shock::shock::shock:

    Wow! No PC or RAS required, they can just request that you take a chemical test at any time, and revoke your permit if you refuse?
    The PC for this was the LEO saw the concealed weapon and IF the LEO asked him if he had permit and found out he did and was drinking he would need to give him the test.

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    mark edward marchiafava...You are a complete Moron! You are probably one of these Proud Open Carry Idiots that I've had the privilege of meeting a few times. After reading your other posts it builds a unique profile for you!

    I'm no LEO, but I am a CCW and take the responsibility greatly. I also served 14 years in the U.S. Army and don't Expect to do what I want in Public with my handgun. A responsible CCW or Handgun owner should be able to make a responsible decision in this situation. There was no place for an armed civilian at this parade with as many armed full time LEO's and reserve officers that are always there.

    Your mouthing easily proves that you have never been in a situation to force a critical judgement on whether or not to use your weapon. I have and it's not what you think!

    The LEO's at the parade reacted correctly because they saw a potential situation and took care of it. If the gun was noticed then the owner didn't follow the law granted to him for CCW. He also was seen drinking and if you have ever been through any formal weapons training it clearly states that all of your rights to handle a weapon go away if under the influence of any alchohol or other imparring substance.

    People like you really get under my skin by going around running their mouth about their right to carry...Did you happen to rise to the occasion to serve the country that gives you all these rights?

    If so Thanks, but Never Miss the Oportunity to Just Remain Silent!

    Don't worry though...The Change is On It's Way! Open Carry will go away soon along with all the other weapons rights. Then you may have to really learn how to defend yourself!

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    tnegg wrote:

    The LEO's at the parade reacted correctly because they saw a potential situation and took care of it. If the gun was noticed then the owner didn't follow the law granted to him for CCW. He also was seen drinking and if you have ever been through any formal weapons training it clearly states that all of your rights to handle a weapon go away if under the influence of any alchohol or other imparring substance.
    What state are you from? If the LEO's saw a man carrying a concealed weapon then they could have checked him out. If he's drinking and has a Concealed Handgun Permit then they can make him take a test to see if he's .05 or over. If they didn't test him then they screwed up, what part don't you understand? If he's carrying at the parade then that's something the Concealed Handgun Section will have to figure out what to do with him.

    But the news story says he was cited for drinking and carrying a concealed weapon and that's not against the rules of CHP unless he is .05 or over. The big question is do they have proof he was .05 or over?

    Your turn Mark.

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    charlie12 wrote:
    KBCraig wrote:
    charlie12 wrote:
    The permit to carry a concealed handgun shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun under any of the following circumstances:
    1. The blood alcohol reading of the permittee is .05% or greater by weight of alcohol in the blood;
    2. The permittee's blood test or urine test shows the confirmed presence of a CDS as defined in R.S. 40:961 and 964;
    3. The permittee refuses to submit to a department certified chemical test when requested to do so by a law enforcement officer.
    :shock::shock::shock:

    Wow! No PC or RAS required, they can just request that you take a chemical test at any time, and revoke your permit if you refuse?
    The PC for this was the LEO saw the concealed weapon and IF the LEO asked him if he had permit and found out he did and was drinking he would need to give him the test.
    I understand they had PC in this case (pistol accidentally flashed, at a parade, and he was drinking). But my shock is that if he'd just come to police attention for some other reason (or no reason), without them even knowing, initially, that he was carrying, but they demanded a breath test and he refused, then his permit shall be revoked.

    Wow.

    According to what you cited, you could also be revoked for refusing to provide a urine sample for drug ("CDS") testing, even if there is no reason to believe you're under the influence of, or a user of, any illegal substance.

    The danger of ever allowing these kinds of things info the law is that attempts to repeal are met with accusations that you must think it's okay for people to carry guns while smoking crack.



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    Ah! That didn't take much to get you thumping!

    So one has to become a welcomed member of a forum and put in just
    one liners before pointing to the idiot in the room?!!!

    You're a waste of Oxygen!

    Medication Time! Medication Time!

  23. #23
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    tnegg wrote:
    Ah! That didn't take much to get you thumping!

    So one has to become a welcomed member of a forum and put in just
    one liners before pointing to the idiot in the room?!!!

    You're a waste of Oxygen!

    Medication Time! Medication Time!
    Nice response ....





    Although I would like to see if you could provide an intelligent rebuttle, to Mark's post.



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    Why make an attempt? You are just his little Cheerleader and will jump in as soon as his responses get less detailed for you to form your own opinion from. Nothing of yours is original.

    You two sweathearts can enjoy the thread all you want.

    I've said my peace and done my part!

  25. #25
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    Aaawwwww, Man. Tnegger crapped all over the thread. Moderator! Moderator! Here we were just sitting around having a pleasent topic and some dude walked in from off the street and crapped on our thread.
    President/ Founding Member
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