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School Zones

b36rjm

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Where can one go in his parish to find out where the school zones are? My only worry about oc is mistakenly traveling into this 1000 ft gun free zone.
 

b36rjm

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Thanks. I know the statute, but I read something here that stated that school zones were required to be posted with a governing body. Maybe the clerk of court. I just want to make sure I don't give a LEO something to hassle me over.
 

JohnL

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The statute I pointed you to states:

D. The local governing authority which has jurisdiction over zoning matters in which each firearm-free zone is located shall publish a map clearly indicating the boundaries of each firearm-free zone in accordance with the specifications in Subsection A. The firearm-free zone map shall be made an official public document and placed with the clerk of court for the parish or parishes in which the firearm-free zone is located.
The map is only part of the equation. The other part involves public verses private property.
 

turbodog

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JohnL wrote:
The statute I pointed you to states:

D. The local governing authority which has jurisdiction over zoning matters in which each firearm-free zone is located shall publish a map clearly indicating the boundaries of each firearm-free zone in accordance with the specifications in Subsection A. The firearm-free zone map shall be made an official public document and placed with the clerk of court for the parish or parishes in which the firearm-free zone is located.
This is an older thread but I'm reviving it as I was on the hunt for just this info in Tangipahoa Parish.

Following the advice of R.S. 1495.6 I went to the C of C office in Amite to ask for a copy of the firearm-free zones that state law said they would have a copy of as a matter of public record.....

The Clerk of Courts office HAD NO IDEA OF WHAT I WAS TALKING ABOUT!

I ended up being handed over to the chief civil deputy, Mr Gary Stanga. He apologized for the lack of the info and explained that the parish council should have forwarded the zones map to the C of C's office for storage in their records. Mr Stanga suggested I check with the parish council and find out why the parish is in violation of state law.

Not having time to go put a bug in their ear this afternoon, I will pursue it when I get back in state next week and let y'all know.

Anyone else here actually manage to get their hands on a firearms-free zone map in their parish?
 

HungSquirrel

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Each parish should publish the map online in PDF format. But, we're talking about the government; it's okay for them to violate public records statutes, but God help anyone who carries in a school zone without a permission slip...! :cuss:

Here's something interesting:
B. The provisions of this Section shall not apply to:
. . .
(5) Any constitutionally protected activity within the firearm-free zone, such as a firearm contained entirely within a motor vehicle.

"...Shall not apply to...any constitutionally protected activity", eh? Well, let's reference the constitution:

The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.

According to the letter of the (state) law, OC is legal in school zones, because the (state) law allows any constitutionally protected activity, and OC is protected by
the constitution.

'Course, there's not a prosecutor alive who would agree with me.
 

HungSquirrel

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The law I quoted requires no permission slip for OC in a school zone, as the law specifically exempts constitutionally protected activities from the restrictions imposed by the law.
 

HungSquirrel

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You can beg permission to CC, and not CC in school zones, or you can decline to beg permission, and not CC anywhere outside your property. You're right, both options are pretty disgusting. :)
 

turbodog

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mark edward marchiafava wrote:
Let's re-start this conversation where it should have originated.
Louisiana state constitution, article 1 sec 11, right to bear arms.

Does ANYone see ANY exceptions listed?
I didn't think so.

Unless your volunteering to be a test case about carrying a handgun in a school firearm-free zone, I don't care what the constitution says. I'll be happy to volunteer to handle the video camera when the cops show up to document their reaction.

Show me case law that clearly states the supreme courts affirmation that bearing a handgun is a "constitutionally protected activity". I've looked and haven't found one.

I don't care whether OC or CC. Show me citations in written law, not your opinion Mark. We all already know your opinion.
 

XD-GEM

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An interesting point of law here. I think that if the governing body has not filed the map, then technically the zones do not exist in that parish; theoretically you should not be cited for a violation of something that officially doesn't exist.

I've been trying to find the one for Orleans parish; but we have 2 clerks of court, and neither one seems to know what I'm asking for - or at least I haven't found anyone who knows how to find it.
 

turbodog

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XD-GEM wrote:
An interesting point of law here. I think that if the governing body has not filed the map, then technically the zones do not exist in that parish; theoretically you should not be cited for a violation of something that officially doesn't exist.

I've been trying to find the one for Orleans parish; but we have 2 clerks of court, and neither one seems to know what I'm asking for - or at least I haven't found anyone who knows how to find it.
Ya, my wife and I discussed that idea. The ordinance says ignorance of where the zones are is no excuse for violating one. If the information was in fact public knowledge, readily available at the clerk of courts office, then that aspect of the ordinance would be correct, as anyone could take a ride to the C of C's office and educate themselves with a copy of the map.

But...

If the parish is in violation of the law by NOT having a copy of the zones map available to the public in the C of C's office, thus depriving said public of the means to educate themselves as to the locations of firearms free zones, then...

How can said public be honestly prosecuted for violating the zones?

Notice I don't say arrested. That will happen if you choose to flaunt your sidearm near a school. I'm just not sure you could be legally prosecuted for it given that the zone maps are not available to the public due to the parishes failure to follow the law.
 

turbodog

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mark edward marchiafava wrote:
My "opinion" and the law are one and the same.
Screw the opinions of courts which conflict with the constitution.
Ok brother, you da man. Console yourself with that thought while you sit in a federal prison after ya work up the cojones to walk around a school while you OC. Stroll around till the cops show up.

Everyone will watch your case very closely you can be sure and admire you for your courage in standing up for your opinion. I'll throw in a $100.00 to your defense fund because I'd like to see you win.

I say we "know your opinion" because you take every oportunity to beat people over the head with article 1, sec.11 of the state constitution. For Christ's sake Mark, this is a gun forum, WE'VE ALL READ AND UNDERSTAND ARTICLE 1 SEC. 11 ALREADY!

Your line about "Screw the opinions of courts which conflict with the constitution." Is an opinion, not a law.

I know you spend time looking around the other forums here. Whenever someones makes a definitive statement about law, people want to see citations to prove facts not go by someones "word for it". Requests for cites are all over the forums and I don't think I'm being unreasonable to ask for a cite from you. You say its a constitutionally protected activity, I say show me the courts opinions on that. I want more than just a "because I say so". The courts feel the same way about your opinions as you feel about theirs. The difference being, theirs carry the weight of law and yours carry the weight of hot air. That's why I want to know what they think, not what you think.


I'm gonna be offline for a few days so Mark, you get the last word for awhile.
Very sorry I can't make the meetup, I would have enjoyed carrying on the debate with ya there.:)
 
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There will be no debate.
Lots of people DON'T care what the constitution says, but these SAME people will continue to worship at the altar of the black-robed whores.
These same people will place more emphasis on some black-robed whores OPINION over the supreme law of the state.
Cites? Nothing coming from the lips of your selfmade gods tops the state constitution.
 

turbodog

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mark edward marchiafava wrote:
There will be no debate.
Lots of people DON'T care what the constitution says, but these SAME people will continue to worship at the altar of the black-robed whores.
These same people will place more emphasis on some black-robed whores OPINION over the supreme law of the state.
Cites? Nothing coming from the lips of your selfmade gods tops the state constitution.
Hah! I get one more shot in this morning.

Two people with differeing opinions, discussing something back and forth is a debate wether you will it or not. So yes, there's a debate, not just Mark spouting opinion.

You and I share many of the same opions about government Mark. Trouble is, you feel anyone who disagrees with anything you say has prostituted themselves and you flog the very people who would support you.

I know you OC all the time Mark, at least you say you do and I'm gonna go with that because you obviously have strong believes about it. So I don't think your entirely all hat and no cattle...but...

Are your beliefs and opinions so strong as to test them at a school?

No, I didn't think so.

I offered $100.00 toward your defense fund if you want to be the test case. I rescind that.

I'll make it $500.00. I figure the entertainment value of you standing in front a federal judge and telling him how you don't believe the opinion of a "black-robed whore" should have any effect on your life, is well worth the money.
 
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