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Thread: "LA GUN LAWS" article in Feb2010 Marsh & Bayou mag

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    In this month's edition, Feb 2010, of Marsh & Bayou there is an article entitled "LA Gun Law: A handgun is good protection but know the laws". Marsh & Bayou mag is a free monthly periodical that usually finds it's way to magazine racks in sporting goods stores or at gas stations along with the free real estate periodicals, or into one of the bathroom stalls at my work. They are on the web at marshandbayou.com

    One of my buddies at work told me about this months issue, I didn't steal the one from the back of the toilet, although I knew there would be one there. I just found it in front of a gas station in the "FREE" rack this morning. I also know Academy carries it in the hunting/fishing area. You should grab a copy and read, it's enlightening to see how the "non-mainstream" press takes the story.

    The author Butch Thurmond has written quite a story. some quotes from the article:
    "Openly carrying a handgun, with or without the concealed permit, is just not a good idea."
    ".....I found that even some law enforcement officials were not aware of the exact laws as I worked on this story" :shock: really? no kidding?
    "While our Founding Fathers may have made it possible for us to 'keep and bear arms,' carrying handguns may not be the best thing for everyone. Be sure that it is right for you before you do!" - ok, if I can be agreeable to one thing here, this is it.


    There is nothing out right wrong in the article, but is seems too loosely written. On the whole I found the article quite flat. My guess is that the editor didn't want any direct references to ACTUAL laws concerning carrying of guns. This leaves them in a position to not need a legal disclaimer. They did reference to laws with the two paragraphs dedicated to the definition of a firearm, rifle, and shotgun. IMHO that's pretty sad, and just fluff to fill up the two page article.

    There is mention to New Orleans City Ordinances being preemptive to the State Constitution, but no specifics. quote "....local municipalities whose ordinances are not following the Louisiana Constitution and regulations. New Orleans is one of them."

    He did go out and interview the Slidell Chief of Police and the Slidell City Marshall, but it seems he maybe didn't ask any "pressing" questions. This lead again to no info on actually carrying a firearm. He then made his way over to F.I.T.S. indoor range in Slidell and they signed him up for the CHP course. -go figure :?

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    Sounds like you got your money's worth of advice from that free magazine.

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    State RS 40.1796 restricks New Orleans from enacting ORG.or laws more restrictive then state law .

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    The City of New Orleans has consistently tried to operate as though state l laws do not apply to them. "We have our own laws" and they do have some laws that are peculiar to them. But state law preempts all Orleans Parish laws relative to firearms. Given this I have difficulty seeing where the article writer gets or received the information that this is not the case.

    I have heard this from NOPD officers as well. All of them get mad when shown the actual law. The eight district commander(in spite of copies of the law)had trouble accepting this as correct. Mostly since he has heard the contrary all his career.

    This is a poorly written article having a negative tone towards firearms ownership and has partially factual information presented in a misleading manner.

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    Are you guys saying that in New Orleans, it is illegal to open carry? That NO municipal code trumps state law, and that it expressly forbids OC? What about a concealed carry permit in NO? Anyone know for sure?



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    Regular Member 4angrybadgers's Avatar
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    no_1_u_know wrote:
    Are you guys saying that in New Orleans, it is illegal to open carry? That NO municipal code trumps state law, and that it expressly forbids OC? What about a concealed carry permit in NO? Anyone know for sure?

    Nobody in this discussion is saying that N.O. code trumps state law.

    The only way a local law can supersede state law with regards to firearms is if the local law was enacted prior to July 15, 1985. Quoted from RS 40:1796...
    A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition <snip>
    I am unfamiliar with N.O.'s municipal code regarding open carry, but from the discussions here I assume it was enacted after 7/15/1985 and is therefore in violation of state law.

    As with all legal matters, any statements/opinions/advice should be verified by looking up the relevant laws yourself.

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    Thanks. Of course I will research this myself, but always good to get some direction from those that have already been there. Still interested in what others may know...



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    First of all, nothing in the NO Municipal Code prohibits open carry (if there is, it's well-hidden, because I haven't been able to locate anything like that).

    Secondly, even if there was something in the NO Municipal code that prohibited open carry, and even if it were from before 1985, it would still probably be held unconstitutional. See: State v. Nelson, 367 So. 2d 317, 318 (La. 1979) ("Each citizen is guaranteed the right to keep and bear arms not concealed on his person.").

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    In one episode of Steven Segall Lawman, the police chief chastised a man for having a loaded handgun in his car.

    When pulled over, the driver informed the police that he had a gun in the car, which is what we were taught in gun class when applying for CCP.

    The driver was yanked from the car and the chief took the gun and removed the magazine, all the time lecturing the man that he was not allowed to have it looaded and in the car.

    After removing the magazine, the police chief, the one that rides with Segall, threw it into the trunk of the car and slammed it close.

    You may be legal, but how you are treated depends on the particular policeman's attitude toward privately owned handguns.

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    Regular Member sraacke's Avatar
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    The there's the famous episode where the colonel who dirves around with Segall makes a traffic stop. They end up stealing they drivers gun and the driver, instead of getting mad and calling a lawer asks Segal for his autograph. That was a good one.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

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    did those two incidents happen in New Orleans?

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    Yep! Steven is a police officer there.

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    You may be legal, but how you are treated depends on the particular policeman'sstupidity toward privately owned handguns.

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    PGH2160 wrote:
    You may be legal, but how you are treated depends on the particular policeman'sstupidity toward privately owned handguns.
    Stupidity can be very expensive for the bad actor.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member estcrh's Avatar
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    4sooth wrote:
    The City of New Orleans has consistently tried to operate as though state l laws do not apply to them. "We have our own laws" and they do have some laws that are peculiar to them. But state law preempts all Orleans Parish laws relative to firearms. Given this I have difficulty seeing where the article writer gets or received the information that this is not the case.

    I have heard this from NOPD officers as well. All of them get mad when shown the actual law. The eight district commander(in spite of copies of the law)had trouble accepting this as correct. Mostly since he has heard the contrary all his career.

    This is a poorly written article having a negative tone towards firearms ownership and has partially factual information presented in a misleading manner.
    >>>>The eight district(which includes the French Quarter) police commander (Major Hosli)is all to familiar with the open carry laws in New Orleans. A couple of years ago at night I was walking down Burgundy st in the Quarter were I live when a man pulled a gun on me, since there were already 2 robbery attempts in as many weeks previously I was open carrying my gun and I shot at the guy trying to rob me, I didnt hit him but I held him at gun point for the police. The police confiscated my gun (later returned)and let me go. I received a lot of negative comments from neighbors for daring to defend myself and a debate started on a nola.com forum as to the legal aspects of open carry. I decided to go to the monthly 8 dist police meeting for our neighborhood.

    I had throughly researched the laws and knew that I was within my rights to open carry but Major Hosli denied this when I asked him directly in front of a group of people. I gathered up all the rulings I could find on the matter and emailed the Major and he did not reply, so I went to the next 8th dist meeting were I asked Major Hosli's second in command Lt Selby (the head of detectives) since the Major did not attend about the laws, and he stated the same thing that the Major said, that it was not legal to open carry, when I pressed the issue with Lt Selby he got upset and basically threatened me ("try it and see what happens") he made a show of asking a attorney who worked with the city if it was legal and the attorney said no.

    At the meeting was a well known local attorney (who lives in the Quarter) I gave a copy of all the rulings to the attorney and a few days later the attorney emailed me his opinion on the matter based on his research...I have his opinion in writing...he said it was perfectly legal to open carry in the city of New Orleans.

    I emailed this info to Major Hosli and Lt Selby and did not get any reply. I went to the next monthly 8th dist meeting and again Lt Selby was in charge, when I confronted him again he finally admitted in front of a crowd of people that it was legal to open carry..then he stated that I seemed to be the only person interested in doing so, at that point several people came to him and told him that they to were interested in doing so if they wanted to but they had been told that it was not legal and had believed what they had been told.

    This is a true story and I still live in the Quarter and since I have a concealed permit I do not open carry as I believe that the police will not recognize my rights. I do not go any were unarmed in New Orleans and I blame the local commanders of the police for the problems we have..at least the ones on my area which would be the 1st and the 8th dist.

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    Moderator / Administrator Grapeshot's Avatar
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    Darn estcrh - please edit your post into paragraph form - add some white space.

    I got a headache reading it. :?

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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