imported post
Documents citing the legality of Open Carry in Louisiana
by
FreeCitizen on Tue Aug 04, 2009 7:19 pm
The LA State Constitution - Article 1, 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."
State v. Fluker 311 So. 2d 863 - A 1975 State Supreme Court case regarding the determination of concealment of a firearm in LA
Attorney General Opinion No. 78-795 - The AG replies to two questions: "1. Is it legal to carry an exposed handgun?" and "2. Do Parishes and/or Municipalities have the power to regulate the carrying of exposed handguns?"
Attorney General Opinion No. 79-1212 - The AG replies to a Ms. Irene W. Pressley of the Westlake, LA Police Department, answering her question of "1. Are there any laws prescribing when it is legal to carry a gun?"
Attorney General Opinion No. 78-1288 - The AG, siting State vs. Fluker, says "that a weapon is not concealed, even if not in full, open view, if it is sufficiently exposed to reveal its identity."
All of these affirm our RIGHT to Open Carry in Louisiana. However, there are some caveats - please see the following:
RS 14:95.2 Concerning Carrying of a Firearm in School Zones and "Firearm-Free Zones" - Please note, you CAN keep a firearm in your car while in school property. "Subsection C. (5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle."
RS 14.95.4 Concerning Consent to search for a firearm while at an Alcoholic Beverage Outlet
RS 14.95.5 Concerning Carrying of a Firearm in an Alcoholic Beverage Outlet
RS 40:1796 Concerning Preemption of State Law - Basically this says laws passed before July 15th, 1985 are valid. You have to research this for yourself in your area!
DISCLAIMER: AS ALWAYS, RESEARCH EVERYTHING FOR YOURSELF. Ask a lawyer. Nothing posted here is intended to construe 'legal advice'.
Happy Open Carrying!
The LOCAL Team