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Thread: an OC question

  1. #1
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    Being a resident of Tennessee I have to have a permit to carry...

    Can a resident of another state who must have a permit to carry in their state of residence--OC in Louisiana without a permit, considering that no permit is required to OC in the state of Louisiana?



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    My understanding is that it does not matter if you are visiting from another state, if you are in LA and OCing then you do not need a permit of any kinda. You should be good and safe.

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    Residency not required, permit not required.

    If any OCDO folks come through the N.O. area, PM someone and let us know.

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    Is Deputy Sheriff , Steven Seagal OC friendly ? I have been watching his show, looks pretty good.
    http://youtu.be/xWgVGu3OR4U AACFI, Wisconsin / Minnesota Carry Certified. Action Pistol & Advanced Action pistol concepts + Urban Carbine course. When the entitlement Zombies begin looting, pillaging, raping, burning & killing..remember HEAD SHOTS it's the only way to kill a Zombie. Stockpile food & water now.

    Please support your local,county, state & Federal Law enforcement agencies, right ???

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    Regular Member sraacke's Avatar
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    Glock34 wrote:
    Is Deputy Sheriff , Steven Seagal OC friendly ? I have been watching his show, looks pretty good.
    He's an idiot. Asking if a gun is registered and for papers. Here in Louisiana we don'tregister our guns. That's what I call a "Law and Order" question, as in "Everything I know about guns and gun laws I learned from watching reruns of Law and Order." These leads to clueless citizens asking similar questions.

    Citizen- Is that gun registered?

    me- Registered with who?

    Citizen- I don't know. I'm sure it has to be registered.

    me- Tell you what, you find out who I'm supposed to register it with and then send me an email and I'll think about it. See ya.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

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    Glock34 wrote:
    Is Deputy Sheriff , Steven Seagal OC friendly ? I have been watching his show, looks pretty good.
    Actually I watched the program last night--I was part way ok with Segal until he and the remaining deputies stopped an individual and found the gun toward the end of the program. To me, they would lead you to believe that it was illegal to have a loaded firearm...Considering how they acted--unloading and placing the firearm in the trunk and the magazine in the front passenger compartment and then told them to not load the gun...

    and then He talked about the problem with guns being such a danger....

    The deputies also asked if the firearm was REGISTERED...Firearms do not need to be registered in Louisiana, nor do they have to be registered in Tennessee. So I would give them all a big thumbs down on that part of it.

    I wonder if their conduct, which seemed to be out of line was in fact a rights violation?

    So my guess based on what I saw was NO--he would not be truly OC friendly, but I could be wrong.

    He has also gained quite a bit of weight from the looks of him.

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    mark edward marchiafava wrote:
    Glock34 wrote:
    Is Deputy Sheriff , Steven Seagal OC friendly ? I have been watching his show, looks pretty good.
    And THIS statement is proof positive we live in a self-inflicted police state.

    "Looks pretty good?" LOL, I rest my case.
    And actually Segal isn't a full deputy sheriff--he is a commissioned officer yes, but he only is a reserve deputy with the JPSO...

    Speaking of Jefferson Parish--what cities does this include? New Orleans?

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    new orelans is orleans parish... jp is kenner, metairie, harvey, gretna, terrytown, marrero, avondale, westwego, harahan, bridge city, river ridge, grand isle, lafitte, wagaman.... i think taht's it

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    I think that when police ask if a gun is registered, they're often ham-fistedly trying to ask whether the transfer was recorded or the guy simply bought it from "some guy" off the street.

    In any event, I don't believe that involves a crime unless the seller was required to have a FFL. Likewise, it still reflects an ignorance of the law.

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    Courrèges wrote:
    I think that when police ask if a gun is registered, they're often ham-fistedly trying to ask whether the transfer was recorded or the guy simply bought it from "some guy" off the street.

    In any event, I don't believe that involves a crime unless the seller was required to have a FFL. Likewise, it still reflects an ignorance of the law.
    Sometimes, I thnk they ask questions in order to raise a citizens stress level. They may know the answer, but want to see the reaction. A good example happened to me about a year ago. I was pulled over on Chef Hwy. by the Nation Guard( more evidence of a police state) and didn't have my gun placed far enough under the passenger seat. When they shined their flashlight into the window they saw it and said "Gun!". It was removed to one of their patrol cars where they spent the next 30 minutes running the number. While this was happeneing, one of the officers(military police Gestapo) indicated that I had illegal "Black Talon" type ammunition. I then said rolling my eyes,"it's only illegal to manufacture". He helped me finish the sentence. He knew the law but asked me anyway. They handed me the unloaded gun and loaded magazine and sent me on my way.

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    georg jetson wrote:
    Courrèges wrote:
    I think that when police ask if a gun is registered, they're often ham-fistedly trying to ask whether the transfer was recorded or the guy simply bought it from "some guy" off the street.

    In any event, I don't believe that involves a crime unless the seller was required to have a FFL. Likewise, it still reflects an ignorance of the law.
    . A good example happened to me about a year ago. I was pulled over on Chef Hwy. by the Nation Guard( more evidence of a police state)
    You allowed a military police car to pull you over on a public roadway? Were you on a military reservation?



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    Courrèges wrote:
    I think that when police ask if a gun is registered, they're often ham-fistedly trying to ask whether the transfer was recorded or the guy simply bought it from "some guy" off the street.
    Either way---it isn't their business.

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    suntzu wrote:
    You allowed a military police car to pull you over on a public roadway? Were you on a military reservation?


    It was a state police unit. The City of New Orleans had asked the Governor to send the National Guard to help with the "crime" problem. I didn't know they were military until I got out my car.


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    yale wrote:
    Glock34 wrote:
    Is Deputy Sheriff , Steven Seagal OC friendly ? I have been watching his show, looks pretty good.
    He's an idiot. Asking if a gun is registered and for papers. Here in Louisiana we don'tregister our guns. That's what I call a "Law and Order" question, as in "Everything I know about guns and gun laws I learned from watching reruns of Law and Order." These leads to clueless citizens asking similar questions.

    Citizen- Is that gun registered?

    me- Registered with who?

    Citizen- I don't know. I'm sure it has to be registered.

    me- Tell you what, you find out who I'm supposed to register it with and then send me an email and I'll think about it. See ya.
    Before ya'll get too bent out of shape go back and look at the video. They had a open container(against LA law) the guy was carrying a concealed handgun without a permit. (Against LA law) and theyDID NOTask him if it was registered, he said it was registered and after that the LEO asked him where the papers were. The gun was not in NCIC asstolen so they let them go.
    They aresome pretty lucky guys for notgetting busted for the two laws they broke.

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    it was in the car concealed laws don't apply.....

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    witerango wrote:
    it was in the car concealed laws don't apply.....
    He was outside the car being frisked when they pulled it out of his pocket.

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    did he start in the car?... was he made to get our the car?.....

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    witerango wrote:
    it was in the car concealed laws don't apply.....
    There is no exception in 14:95 for your car or home. Concealed laws apply EVERYWHERE.

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    georg,

    Carrying a firearm in your car or home, even concealed, is a constitutionally-protected activity. Although the statute doesn't expressly include an exception, it is (or should be) implied. An officer might not agree, but you'd stand a good chance at winning in court.

    There isn't any jurisprudence on this issue, although there is a line from a concurrence in the Supreme Court case of State v. Snoddy, 389 So. 2d 377 (La. 1980) in which Justice Lemmon questioned whether 14:95 was "applicable at all on one's private property," and argued that, in any event, it was not designed to present a homeowner from concealing a firearm while investigating a disturbance.

    In any event, it's crass behavior on the part of a police officer to arrest a person for concealing a firearm on their person in a vehicle when it is perfectly legal to carry in a motor vehicle.

    -----------------------------------------------

    UPDATE: I just reviewed a few more cases and I did find one that deals with this issue -- State v. Young, 472 So. 2d 297 (La. App. 1 Cir. 1985). That case dealt with a person arrested under 14:95 for carrying concealed in his own driveway. The Court held that the application of the statute did not violate the Second Amendment, which does not apply to the states (although this will likely be overturned in the near future), and further that it did not violate Art. I, Sec. 11 of the Louisiana Constitution because it expressly permits the regulation of the concealment of firearms.

    However -- and this is a big however -- the court held that the defendant had failed to brief his right to privacy and thus those arguments were waived. The biggest argument here is whether you can constitutionally regulate concealment of firearms on private property or in a vehicle (arguably an extension of one's home), or whether that would violate a person's right to be secure in his home. I think that this is what Lemmon was suggesting.

    There's also an argument that the law as applied violates due process, since there is no rational reason not to allow people to carry concealed on their own property, but that apparently wasn't briefed either. Young looks like a case of the defendant's attorney's doing a terrible job.

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    Courrèges wrote:
    georg,

    Carrying a firearm in your car or home, even concealed, is a constitutionally-protected activity. Although the statute doesn't expressly include an exception, it is (or should be) implied. An officer might not agree, but you'd stand a good chance at winning in court.
    Thanks for your input Courreges...

    You do make a good point, but even though your opinion is that "you'd stand a good chance at winning in court.", it should also be understood that there is a good chance that you WILL become a defendant.

    Also, the La. Const Article 1 does not include an exception to private property or a private car/truck either.

    Right to Keep and Bear Arms
    Section 11. 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.
    Also in State vs Fluker, the Supreme Court overturned NOT based on the fact that the defendant was in his private car, but because there was no intention to conceal. Does this mean the argument would have no merit, well no... but its lack of consideration appears to me that it would make a weak defense. Furthering your point however, in Justice Marcus' argument in support of his opinion, it's clear that the original intention of such laws had NOTHING to do with one's own property.

    In light of all of this I would make this statement...

    If you don't think 14:95 applies to one's own private property or private conveyance and intend on carrying concealed without a permit in such places, then you had better be ready for the battle.

    One thing is for sure... there wouldn't be much of a chance for civil recourse as it would appear that any arresting officer would certainly be covered by immunity.

    _______________________

    Edit

    Ok... that's not fair editing your post while I am writing a response I think I'll spend some time researching this.

    Thanks for the update... And if I may comment on Mr. Young's attorney...

    This is a good reason why citizens should educate themselves concerning the law so that they may help their attorney provide a better defense. If you want to check and make sure your attorney has filed a proper appellant brief then just go here...

    http://www.lasc.org/rules/Appellate.asp



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    georg,

    Even if you were arrested, though, the District Attorney's office may well refuse the charges if you're, say, a law abiding citizen who was carrying a gun concealed in his own home. If they did accept the charges, they'd probably just be using it as leverage on other charges or would be anxious to plea it down.

    I think it's fairly clear that La. R.S. 14:95 is *rarely* enforced against otherwise law-abiding citizens in their own homes and/or vehicles, most likely because the intent of the statute was plainly not to prosecute people on their own property (again, as noted by Justice Lemmon).

    All that said, if you have an officer who is a jerk and an overzealous prosecutor trying to charge you anyway, it would be an intense legal fight. Then again, that can be the case even when you're plainly in the right.

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    witerango wrote:
    did he start in the car?... was he made to get our the car?.....
    I asked the question on another forum and a LEO answeredand below is what he said.

    "no, they couldn't, he was sitting inside the vehicle and they asked him to get out. Therefore, they cannot charge him with illegall CC"

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    Courrèges wrote:
    georg,

    Even if you were arrested, though, the District Attorney's office may well refuse the charges if you're, say, a law abiding citizen who was carrying a gun concealed in his own home. If they did accept the charges, they'd probably just be using it as leverage on other charges or would be anxious to plea it down.

    I think it's fairly clear that La. R.S. 14:95 is *rarely* enforced against otherwise law-abiding citizens in their own homes and/or vehicles, most likely because the intent of the statute was plainly not to prosecute people on their own property (again, as noted by Justice Lemmon).

    All that said, if you have an officer who is a jerk and an overzealous prosecutor trying to charge you anyway, it would be an intense legal fight. Then again, that can be the case even when you're plainly in the right.
    Hello everyone. Long time listener, first time caller.Great discussion going on here by most.

    I think this post clearly sums up the realistic situation here in Louisiana. Could be enforced, but rarely is unless other charges are going on.


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    Welcome WWMD.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    Welcome WWMD.
    You forgot your 'sales pitch' for your LOCO group.

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