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    louisiana state police claim it is illegal to open carry if there are more than 2 people around you they claim that it is a gathering and I will go to jail for brandishing a weapon. there phone number is 504-441-2775

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    Welcome Ryan. You might PM the moderator to move this to the LA forum where it may get more better attention. You might also call it to Mark Edward Marchiafava's attention (that's his user name) with a PM. He is very knowledgeable and experienced in dealing with LA law and cops.

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    Ryan,

    Thanks for the phone number but the only numbers I'm interested in arethe numbers to a reputable lawer and a reputable motorcycle dealer.
    Seriously, if you want to see a gathering join us for our next meetup.Hell yes it's a gathering. We'll probably be gathered around a BBQ grill. We will all be armed but at no time could we be considered brandishing.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

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    ryan26 wrote:
    louisiana state police claim it is illegal to open carry if there are more than 2 people around you they claim that it is a gathering and I will go to jail for brandishing a weapon. there phone number is 504-441-2775
    By a decision of the La state attorney General they would be wrong -


    Office of the Attorney General

    State of LOUISIANA



    Opinion No. 78‑795

    June 19, 1978



    FIREARMS & FIREWORKS 47‑A R.S. 14:95.1, 40:1379.1 Acts 1956, No. 345, s 1,

    1958, No. 2 1958, No. 379, ss 1, 3, 1968, No. 647, s 1, 1975, No. 492

    The carrying of an exposed handgun is not illegal, except as provided in LSA‑

    R.S. 14:94.1. Parishes and/or Municipalities may not enact ordinances

    regulating the carrying of illegal handguns because the state has pre‑empted

    the legistlative control and has implicitly authorized the carrying of

    unconcealed weapons.



    Honorable James H. Brown, Jr.

    State Senator

    32nd District

    Baton Rouge, LOUISIANA 70804



    Dear Senator Brown:



    Your request for an opinion of the Attorney General has been forwarded to the

    undersigned for disposition. Your questions, as I appreciate them, are:

    1. Is it legal to carry an exposed handgun?

    2. Do Parishes and/or Municipalities have the power to regulate the

    carrying of exposed handguns?

    LSA‑R.S. 14:95 provides as follows:



    s 95 Illegal carrying of weapon



    A. Illegal carrying of weapon is:

    (1) The intentional concealment of any firearm, or other instrumentality

    customarily used or intended for probable use as a dangerous weapon, on

    one's person; or

    (2) The ownership, possession, custody or use of any firearm, or other

    instrumentality customarily used as a dangerous weapon, at any time by an

    enemy alien; or

    (3) The ownership, possession, custody or use of any tools, or dynamite,

    or nitroglycerine, or explosives, or other instrumentality customarily used

    by thieves or burglars at any time by any person with the intent to commit

    a crime; or

    (4) The manufacture, ownership, possession, custody or use of any

    switchblade knife, spring knife or other knife or similar instrument having

    a blade which may be automatically unfolded or extended from a handle by

    the manipulation of a button, switch, latch or similar contrivance.

    ****




    B. Whoever commits the crime of illegal carrying of weapons shall be fined

    not more than five hundred dollars, or imprisoned for not more than six

    months, or both.

    C. On a second conviction, the offender shall be imprisoned with or

    without hard labor for not more than five years.

    D. On third and subsequent convictions, the offender shall be imprisoned

    with or without hard labor for not more than ten years without benefit of

    parole, probation, or suspension of sentence.

    E. The enhanced penalty upon second, third, and subsequent convictions

    shall not be applicable in cases where more than five years have elapsed

    since the expiration of the maximum sentence or sentences, of the previous

    conviction or convictions, and the time of the commission of the last offense

    for which he has been convicted; the sentence to be imposed in such event

    shall be the same as may be imposed upon a first conviction.

    F. The provisions of this Section except Paragraph (4) of Sub‑section (A)

    shall not apply to sheriffs and their deputies, state and city police,

    constables and town marshals, or persons vested with police power when in the

    actual discharge of official duties. (Amended by Acts 1956, No. 345, s 1;

    Acts 1958, No. 21, s 1; Acts 1958, No. 379, ss 1, 3; Acts 1968, No. 647, s 1,

    emerg. eff. July 20, 1968; Acts 1975, No. 492.) (Emphasis supplied)

    In State vs Fluker, 311 So.2d 863 (1975), the defendant had been

    arrested for carrying a handgun in a holster on his hip. The weapon was

    exposed except for that portion in the holster, and it was fully recognizable

    as a weapon. The LOUISIANA Supreme Court, in reversing Fluker's conviction,

    stated that 'by making the offense of concealment a crime of specific intent,

    the legislature has abandoned the old rule that a partially hidden weapon is a

    concealed weapon in favor of a more realistic proscription that contemplates

    that a weapon, although not in 'full open view,' is nonetheless not a concealed

    weapon, if it is sufficiently exposed to reveal its identity.

    If the weapon is carried in a manner that reveals its identity, its carrier

    cannot be presumed to have intended to conceal it and, accordingly, is not in

    violation of the statute ...... The appropriate test to be applied in

    prosecutions for illegal carrying of weapons is whether, under the facts and

    circumstances of the case as disclosed by the evidence, the manner in which

    defendant carried the weapon revealed an intent to conceal its identity.'

    Therefore, the carrying of an exposed handgun is not illegal, except as

    provided in LSA‑R.S. 14:95.1.

    LSA‑R.S. 14:95.1 provides:



    s 95.1 Possession of firearm or carrying concealed weapon by a person convicted

    of certain felonies



    A. It is unlawful for any person who has been convicted of first or second

    degree murder, manslaughter, aggravated battery, aggravated or simple rape,

    aggravated kidnapping, aggravated arson, aggravated or simple burglary, armed

    or simple robbery, or any violation of the Uniform Controlled Dangerous




    Substances Law which is a felony or any crime defined as an attempt to commit

    one of the above enumerated offenses under the laws of this state, or who has

    been convicted under the laws of any other state or of the United States or

    of any foreign government or country of a crime which if committed in this

    state, would be one of the above enumerated crimes, to possess a firearm or

    carry a concealed weapon.

    B. Whoever is found guilty of violating the provisions of this Section

    shall be imprisoned at hard labor for not less than three nor more than ten

    years. If such conviction is for the crime of carrying a concealed weapon,

    such sentence shall be without the benefit of probation, parole, or

    suspension of sentence and be fined not less than one thousand dollars nor

    more than five thousand dollars.

    C. Except as otherwise specifically provided, this Section shall not apply

    to the following cases:

    (1) The provisions of this Section prohibiting the possession of

    firearms and carrying concealed weapons by persons who have been convicted

    of certain felonies shall not apply to any person who has not been

    convicted of any felony for a period of ten years from the date of

    completion of sentence, probation, parole, or suspension of sentence.

    (2) Upon completion of sentence, probation, parole, or suspension of

    sentence the convicted felon shall have the right to apply to the sheriff

    of the parish in which he resides, or in the case of Orleans Parish the

    superintendent of police, for a permit to possess firearms. The felon

    shall be entitled to possess the firearm upon the issuing of the permit.

    (3) The sheriff or superintendent of police, as the case may be,

    shall immediately notify the Department of Public Safety, in writing, of

    the issuance of each permit granted under this Section. Added by Acts 1975,

    No. 492, s 2.

    In answer to your second question it can be analogized that when the State

    provides that it is unlawful for a person to carry a concealed weapon, LSA‑R.S.

    14:95 A (1), unless they hold a bonafide law enforcement commission, R.S.

    14:95(F) or possess a concealed handgun permit, R.S. 40:1379.1, it is

    equivalent to stating that it is lawful to carry an exposed weapon (firearm).

    In City of Shreveport V. Curry and City of Shreveport V. Bukhett, 357 S.2d

    1078, (LA. 1978) which held that a city ordinance proscribing frog gigging out

    of season was unconstitutional as not being a reasonable exercise of Police

    Power and as such a violation of the defendant's right to due process; the

    Court stated in dicta that '. . . a municipal ordinance which goes further in

    its prohibitions than a state statute is valid so long as it does not forbid

    what the state legislature has expressly or implicitly authorized . . .'

    (Emphasis supplied)

    It is the opinion of this office that the state statutes aforementioned have

    the purpose of establishing a general scheme to control weapons (handguns) and

    that a fair reading of those statutes show this would constitute an area in

    which the state has pre‑empted the legislative control and has implicitly

    authorized the carrying of unconcealed weapons.



    Therefore, an ordinance enacted by a Parish and/or Municipality requlating

    the carrying of exposed handguns would be without effect as being in conflict

    with State Law.

    We hope this opinion has adequately answered your questions. If we may be of

    any further assistance in this or any other matter, please do not hesitate to

    call upon us.

    With kind regards, I am



    Sincerely



    William J. Guste, Jr.

    Attorney General



    By: L. J. Hymel Jr.

    Assistant Attorney General

    La. Atty. Gen. Op. No. 78‑795, 1978 WL 32078 (La.A.G.)

    END OF DOC
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

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    ryan26 wrote:
    louisiana state police claim it is illegal to open carry if there are more than 2 people around you they claim that it is a gathering and I will go to jail for brandishing a weapon. there phone number is 504-441-2775
    What happened to the right of the people peaceably to assemble, per the 1st amendment? How can peaceful gathering itself be an element of a crime?

    -ljp

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    Legba wrote:
    ryan26 wrote:
    louisiana state police claim it is illegal to open carry if there are more than 2 people around you they claim that it is a gathering and I will go to jail for brandishing a weapon. there phone number is 504-441-2775
    What happened to the right of the people peaceably to assemble, per the 1st amendment? How can peaceful gathering itself be an element of a crime?

    -ljp
    It is a real stretch, but what they are telling him is that if he carries around a group of people he is disturbing the peace because he is scaring them. The underlying presumption is that the group is not a bunch of people who know each other, but instead just a bunch of people in proximity like at a mall or supermarket.

    Whatever cop told him that is headed for a major law suit.
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

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    Campaign Veteran XD-GEM's Avatar
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    I guess you were talking to someone at Troop B?

    Tell them to call 225-925-4867 and ask for Sgt. Jason Starnes. He runs the Louisiana State Police Concealed Handgun Permit Unit, and he knows the law correctly. He'll set them straight. He's told me personally that he's frustrated with people who should know better spreading false information like that.

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    ...having been a cop...and loving cops of all flavors...and being pro-law enforcement-oriented...let me say that most cops have many more opportunities to eat than to defecate...resulting in a condition that taints the opinions and advice freely offered in order to relieve pressure....and the lack of time in the reading room keeps them from being up to date on the issues...one condition aggravates the other.....1)never ask a cop legal advice, 2)always check the law when hearing the words "you can't"....

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    sheepdog wrote:
    1)never ask a cop legal advice, 2)always check the law when hearing the words "you can't"....
    yep, 2 biggest problems in this country... everyone thinks cops are the law since they enforce it. i hate hearing those words more then anything "thats against the law, A COP TOLD ME SO" lol

    when i ask cops for legal advice (just to see what they know) and they give me wrong info i always call them on it. they will never admit theyre wrong but what i get out of the convo is, the way they preach the law (which is wrong) is the way they WANT the law to be

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