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Thread: Hey Everyone

  1. #1
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    Hey Everyone

    New guy here and just wanted to introduce myself and ask a few questions. I am new to OC but not new to guns. I'm 26 and raised in Livingston but I now live in Baton Rouge.

    I'm really trying to understand where I can OC and trying to find out the legal ramifications of doing so. I've been told by an instructor that the law has no clarification on the matter and it's just said that there is no law saying you can't and there is no law saying you can.

    I'm really just trying to OC as much as possible and try to find out what I can do to prevent LEO arresting me for disturbing the peace. Thanks for taking the time, looking forward to becoming a member of the Louisiana OC community.

  2. #2
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    Welcome to OCDO.

    Just remember OC is legal in Louisiana. There are restrictions such as the 1000ft from a school zone which you have to be careful of. I don't OC regularly but it's mainly because I can't OC at work and my wife doesn't like guns. The only time I can OC is when I'm alone and not working, which doesn't leave a lot of spare time.

    I have only had one problem OCing. I was asked not to OC in a restaurant off of Jefferson. Other than that, most people just ask if I am a LEO and that's the end of it. Never had anyone "freak out". Most people start OCing with other OCers. If your interested, you could probably hit up one of the OC dinners.

    Most will tell you it's how you dress that helps people take you seriously and be a little more trusting. I haven't noticed where my attire affects people. My best suggestion is to find a quality holster and belt. Practice your retention techniques, and be aware of your surroundings.

    Good luck and Carry on.

  3. #3
    Regular Member HeroHog's Avatar
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    This ONLY applies to Louisiana!

    Do I have to be a Louisiana resident to open carry in
    Louisiana?


    No. Visitors to our State may carry just like residents.

    Do I need a permit to Open Carry like I do to Conceal
    Carry?


    There is no permit required to Open Carry in Louisiana.

    Do I give up my right to open carry if I get a concealed
    handgun permit?


    NO! This is misinformation that has spread around the
    State for some time now. Supposedly, certain individuals
    working for the State Police at one time were informing
    concealed handgun instructors to inform those who
    applied for a permit that, if approved, they would no
    longer be allowed to open carry. There is no basis for this
    in law.

    Can I switch between open carry and concealed carry?

    As long as you have your concealed carry permit, you
    can chose to do either one, as long as all laws/restrictions
    are followed. Having a concealed carry license does
    NOT take away your right to openly carry.

    Can businesses prohibit me from open carrying?

    Yes. A private property owner has the right to prohibit
    weapons on their property.

    Can I open carry in my vehicle?

    Yes.

    Can my handgun be loaded?

    Yes. You can carry your gun loaded and ready to use.

    Can I open carry on private property?

    Yes, provided you are not on someone else's property
    who does not want you to.

    Do local law enforcement officers know that open carry
    is legal?


    Some do, some don't- just like non-Law Enforcement
    Officers. Do not assume that someone who has been
    trained to enforce the law somehow knows everything
    there is to know about the law.

    Can I be charged with disturbing the peace for open
    carry?


    Not legally. RS 14:103 is the LA statute regarding
    disturbing of the peace. OC does not meet the standards
    for Disturbing the Peace.

    Can I be charged with brandishing for open carry?

    Again, not legally. Brandishing, by definition, requires
    more than an item to simply be visible. Refer to RS
    40:1382 for more information about this subject.

    Has anyone been arrested for open carry?

    Yes. Carrying weapons always carries with it an
    increased risk of potential legal complications. However,
    open carry, in and of itself, is not illegal. Be aware that
    you could be at a significantly increased risk for being
    falsely arrested for openly carrying a weapon in some
    areas.

    What holster method should I use for open carry?

    That is a personal preference. However be advised that if
    you do not have a concealed carry permit you are at an
    increased risk of a criminal charge if your carry method
    can be construed as having been intended to conceal or
    obscure your weapon. It is often suggested that a quality
    retention style holster be used whenever possible when
    Open Carrying.

    /***************************/

    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

    State v Ferrand 664 So.2d 396 -"As the officer
    acknowledged, the public possession of an openly
    displayed handgun is not a crime in Louisiana and does
    not alone provide probable cause for an arrest."

    State v Snoddy 389 So.2d 377 -"The acts of defendant
    patrolling his property at night with a shotgun in a
    secluded area certainly did not constitute criminal
    activity." Cited in State v Ferrand.

    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?" The AG responds, "the carrying of an
    exposed handgun is not illegal, except as provided in

    LSA R.S. 14:95.1." And citing City of Shreveport V.
    Curry and City of Shreveport V. Bukhett, 357 S.2d 1078
    ,
    (LA. 1978) the AG answers " It is the opinion of this
    office that the state statutes aforementioned have the
    purpose of establishing a general scheme to control
    weapons (handguns) and that a fair reading of those
    statutes show this would constitute an area in which the
    state has pre empted the legislative control and has
    implicitly authorized the carrying of unconcealed
    weapons. Therefore, an ordinance enacted by a Parish
    and/or Municipality regulating the carrying of exposed
    handguns would be without effect as being in conflict
    with State Law.

    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?" The AG
    answers, "It is the conclusion of this office that it is legal
    to carry a gun when it is exposed on one's person. The
    LOUISIANA Supreme Court has affirmed this
    conclusion. State v. Fluker, 311 So.2d 863 (1975).
    However, the legality of carrying even an exposed gun is
    subject to certain limitations of law." and "Therefore, it is
    the opinion of this office that a gun may be carried
    legally if it is in open view;..."

    Attorney General Opinion No. 78-1288 - The AG states,"
    it is pertinent to observe that any citizen may bear arms
    that are not concealed." and, citing 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."

    Attorney General Opinion No. 97-485 - The AG says,
    "There is no Louisiana law which in general prohibits
    carrying a handgun if that handgun is not concealed."

    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"

    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

    Louisiana Legislature webpage
    Look up Revised Statutes and other laws: http://www.legis.state.la.us/

    Office of the La Attorney General
    Look up AG opinions here: http://www.ag.state.la.us/index.aspx
    Municode Database of local municipal codes: http://www.municode.com/
    Last edited by HeroHog; 02-22-2011 at 10:49 AM.
    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

    "Stay safe..." - Paul "Skidmark" Henick, RIP

  4. #4
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    Thanks for the great information. I've signed up over at LOCAL and I'm looking forward to getting involved. Thanks again.

  5. #5
    Regular Member sraacke's Avatar
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    Saint Gabriel, Louisiana, USA
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    Don't forget
    Attorney General Opinion No. 97-485 - The AG says,
    "There is no Louisiana law which in general prohibits
    carrying a handgun if that handgun is not concealed."

    Brett, welcome to OCDO. Several LOCAL members check in here too. Herohog ^ is a LOCAL guy. I carry a double mag pouch on my belt with 1 mag and in the other slot is a digital voice recorder to document any negative encounters iwth citizens or law enforcement. Not many negative encounters. I've been asked to leave Cicis Pizza on Segan Lane and havn't been back.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  6. #6
    Regular Member HeroHog's Avatar
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    Shreveport, LA
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    97-485 was in there but I failed to highlight it.

    Yes, Being from Louisiana, I am involved in LOCAL as well as the national OCDO. I bag carry a Kel-Tec P11 and a voice recorder that is ON whenever I am carrying. I need an updated picture but here is my EDC (Every Day Carry) setup:



    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

    "Stay safe..." - Paul "Skidmark" Henick, RIP

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