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Thread: Walking a parade route.

  1. #1
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    Why don't you all walk in one of the parades? That would be a way to get thousands of people more aware. You can get a big banner in front like this:



    OPEN CARRY IS LEGAL

    VISIT OPENCARRY.ORG FOR MORE INFO

    This is not a new idea correct?

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    I can not be the first person to have this idea. It is too late now but if things start to get in motion now I think next year a few parades could be marched. The parades would be hard pressed to refuse, considering we are doing nothing illegal.

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    What about 1000' from a parade rule? how would that play into it?

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    Slidell Jim wrote:
    What about 1000' from a parade rule? how would that play into it?
    Post the law...

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    §95.2.1. Illegal carrying of a firearm at a parade with any firearm used in the commission of a crime of violence
    A. Whoever commits the crime of illegal carrying of weapons pursuant to R.S. 14:95 with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), within one thousand feet of any parade or demonstration for which a permit is issued by a governmental entity, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Subsection and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.

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    I take this to read that you cannot be in possession of a firearm OC/CC within 1000' of a parade route. simple.

    Or.... it could be taken that only if you commit a crime of violence while in possession of a firearm within 1000' of a parade, then you will also be charged with 14.95.2 in addition to any other charges pursuant to the crime of violence itself (ie assault, homicide, robbery)


    IANAL so i would read it in the simplest way possible and be on the safer side orf the law. (although not on the safer side of personal defense)

    anyone point me to case law that pertains to 14.95.2 for clarification?

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    Slidell Jim wrote:

    §95.2.1. Illegal carrying of a firearm at a parade with any firearm used in the commission of a crime of violence


    A. Whoever commits the crime of illegal carrying of weapons pursuant to R.S. 14:95 with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), within one thousand feet of any parade or demonstration for which a permit is issued by a governmental entity, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Subsection and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.
    Why would this apply to what the OP proposed?? Are you planning to commit the crime of illegal carrying of weapons pursuant to R.S. 14:95? Are you palnning to use a firearmin the commission of a crime of violence as defined in R.S. 14:2(B)??

    Reading is FUNdamental.


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    Slidell Jim wrote:
    I take this to read that you cannot be in possession of a firearm OC/CC within 1000' of a parade route. simple.

    Or.... it could be taken that only if you commit a crime of violence while in possession of a firearm within 1000' of a parade, then you will also be charged with 14.95.2 in addition to any other charges pursuant to the crime of violence itself (ie assault, homicide, robbery)


    IANAL so i would read it in the simplest way possible and be on the safer side orf the law. (although not on the safer side of personal defense)

    anyone point me to case law that pertains to 14.95.2 for clarification?
    The is no need for a case law definition when the law is CLEAR.

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    I agree with georg, the law reads pretty clearly to me. To violate RS14:95.2.1, you first have to violate 14:95 (illegally carry a weapon) and commit a crime of violence according to 14:2(B) with that weapon.

    95.2.1 says nothing about lawfully carrying a weapon near a parade.

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    §1379.3. Statewide permits for concealed handguns; application procedures; definitions

    N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

    (9) A parade or demonstration for which a permit is issued by a governmental entity.
    So...... OC seems ok at a parade???
    but CC is clearly not ok at a parade

    I just want to be sure, because I read it in 2 statues, 14:95 and 40:1379, that no firearms in a parade. It sure seems to me that the law makers tried really hard to make it that way. Maybe I need to read it all again, maybe tomorrow I will see it differently, with some well rested eyes.

    BTW I am not trying to be antagonistic, I am just seeking the correct info.




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    Am I missing something? Somebody please explain to me why you need to march in a parade to show the masses that something is already legal?

    Shouldn't efforts be concentrated on making carrying weapons legal in restaurants that serve alcohol, or school zones, or public buildings, etc.?

    Maybe you can get OCtomom to be your first Queen. Good luck with that.


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    Slidell Jim wrote:
    §1379.3. Statewide permits for concealed handguns; application procedures; definitions

    N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

    (9) A parade or demonstration for which a permit is issued by a governmental entity.
    So...... OC seems ok at a parade???
    but CC is clearly not ok at a parade

    I just want to be sure, because I read it in 2 statues, 14:95 and 40:1379, that no firearms in a parade. It sure seems to me that the law makers tried really hard to make it that way. Maybe I need to read it all again, maybe tomorrow I will see it differently, with some well rested eyes.

    BTW I am not trying to be antagonistic, I am just seeking the correct info.
    40:1379.3 does state that in regards to a CHP. Keep in mind it says nothing about open carry - (N) repeats the word "concealed" at least 3 times.

    As for 14:95.2... I don't mean to be a jerk, but I cannot understand how you've overlooked the opening phrase that clearly lays out the definition of the prohibited activity. (bolded for emphasis)

    A. Whoever commits the crime of illegal carrying of weapons pursuant to R.S. 14:95 with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), within one thousand feet of any parade or demonstration for which a permit is issued by a governmental entity, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Subsection and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.
    Again, this particular statute says nothing about the mere fact of carrying (concealed or not) within 1000' of a parade. It refers to someone who illegally carries (according to RS 14:95) with any firearm used in the commission of a crime of violence, within 1000' of a parade.

    If you aren't illegally concealing (according to RS 14:95) within 1000' of a parade (14:95.2), or legally concealing "in a parade" (40:1379.3), then you're fine. The statutes do not address open carrying, therefore open carry is not prohibited in or near a parade according to those state laws.

    An interesting side note: 40:1379.3 prohibits CC "in a parade". It says nothing about a 1000' zone or any other such nonsense, just "in" the parade. Might that make a difference depending on whether you're in the parade, or just at (watching) the parade?

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    barf wrote:
    Am I missing something? Somebody please explain to me why you need to march in a parade to show the masses that something is already legal?

    Shouldn't efforts be concentrated on making carrying weapons legal in restaurants that serve alcohol, or school zones, or public buildings, etc.?

    Maybe you can get OCtomom to be your first Queen. Good luck with that.
    Now what if that was the attitude of blacks during the civil right movement? The civil rights act of 1866 made EVERY citizen equal. It was a law so why all the comotion in the 60's? The reverend Dr. Martin Luther King, Jr. says you can make a law so that they don't lynch me, but you can not makethem respect me. You answered your own question, we "need to march to show the masses that something is already legal." Ask 100 people if open carry is legal and see how many get the correct answer. Why do you post on this site if increasing awareness is not a goal of yours?



    I think open carry is legal on a parade route. I think CC is not legal.

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    4angrybadgers wrote:
    40:1379.3 does state that in regards to a CHP. Keep in mind it says nothing about open carry - (N) repeats the word "concealed" at least 3 times.

    As for 14:95.2... I don't mean to be a jerk, but I cannot understand how you've overlooked the opening phrase that clearly lays out the definition of the prohibited activity. (bolded for emphasis)

    A. Whoever commits the crime of illegal carrying of weapons pursuant to R.S. 14:95 with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), within one thousand feet of any parade or demonstration for which a permit is issued by a governmental entity, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Subsection and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.
    Again, this particular statute says nothing about the mere fact of carrying (concealed or not) within 1000' of a parade. It refers to someone who illegally carries (according to RS 14:95) with any firearm used in the commission of a crime of violence, within 1000' of a parade.

    If you aren't illegally concealing (according to RS 14:95) within 1000' of a parade (14:95.2), or legally concealing "in a parade" (40:1379.3), then you're fine. The statutes do not address open carrying, therefore open carry is not prohibited in or near a parade according to those state laws.

    An interesting side note: 40:1379.3 prohibits CC "in a parade". It says nothing about a 1000' zone or any other such nonsense, just "in" the parade. Might that make a difference depending on whether you're in the parade, or just at (watching) the parade?
    All of these are outstanding arguments. I have no answer.

    Where did you go to law school? :P

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    mark edward marchiafava wrote:
    Many years ago, I had to drag DMV, kicking and screaming, into state district court.
    One of the many things I taught them that day was a "rule" or "policy" at DMV doesn't apply to anyone other than DMV employees.

    A* statute, on the other hand, in full compliance with the state constitution, is another matter.
    THAT still occurs TO THIS DAY.

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    jensen_lover wrote:
    Why don't you all walk in one of the parades? That would be a way to get thousands of people more aware. You can get a big banner in front like this:



    OPEN CARRY IS LEGAL

    VISIT OPENCARRY.ORG FOR MORE INFO

    This is not a new idea correct?
    I would be somewhat skeptical of such an idea. Particular when it comes from some one that can be made to feel "like a sissy"while shopping at a Lowe's.

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    Slidell Jim wrote:
    All of these are outstanding arguments. I have no answer.

    Where did you go to law school? :P
    I'm a software developer. Closest I got to any sort of law education was an "Intro to Criminal Justice" course I took 4 years ago just for the hell of it. I just love reading...

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    4angrybadgers w
    I just love reading...
    And, ladies and gentlemen, that's all it takes.

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    jensen_lover wrote:
    barf wrote:
    Am I missing something? Somebody please explain to me why you need to march in a parade to show the masses that something is already legal?

    Shouldn't efforts be concentrated on making carrying weapons legal in restaurants that serve alcohol, or school zones, or public buildings, etc.?

    Maybe you can get OCtomom to be your first Queen. Good luck with that.
    Now what if that was the attitude of blacks during the civil right movement? The civil rights act of 1866 made EVERY citizen equal. It was a law so why all the comotion in the 60's? The reverend Dr. Martin Luther King, Jr. says you can make a law so that they don't lynch me, but you can not makethem respect me. You answered your own question, we "need to march to show the masses that something is already legal." Ask 100 people if open carry is legal and see how many get the correct answer. Why do you post on this site if increasing awareness is not a goal of yours?
    You're seriously comparing the civil rights movement to raising awareness of open carry? I think you need to re-read (or maybe in your case initially read) your history.

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    jensen_lover wrote:
    Now what if that was the attitude of blacks during the civil right movement?* The civil rights act of 1866 made EVERY citizen equal.* It was a law so why all the comotion in the 60's?* The reverend Dr. Martin Luther King, Jr. says you can make a law so that they don't lynch me, but you can not make*them respect me.*
    You're seriously going to quote Michael King as a reputable resource and backup to your argument? I have to assume the above is a legitimate and serious post.

    As barf said, methinks you really need to pull the blinders off and read about that scum bag before you cite him as a credible source to quote.

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    Don't get your panties in a bunch, sister. I'm sure you'll find a few willing participants that share in your anarchist views.

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    Plus you wouldn't be at the parade, you would be "IN" the parade.

    But as my snub nose has been used in a violent crime I guess I can't carry it
    within 1000'. Damn evil gun, can't take it anywhere, always causing trouble.


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    SlackwareRobert wrote:
    Plus you wouldn't be at the parade, you would be "IN" the parade.

    But as my snub nose has been used in a violent crime I guess I can't carry it
    within 1000'. Damn evil gun, can't take it anywhere, always causing trouble.
    I hear that you can break a gun of its bad habits the same way you "break"/tame a wild horse - wear it out so it doesn't have the energy to fight back. I prescribe as much range time with that "evil gun" as possible, that should cure it of its bad tendencies eventually. :P

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    mark edward marchiafava wrote:
    Uh, would any of you ladies care to break away from the mindless chit chat to plan the parade appearance?
    Nobody's stopping you from planning a parade appearance...

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