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.
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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/
