Visiting New Orleans...maybe...

Chaingun81 · Sep 1, 2011

Hey Y'all!

So a few months ago we booked a trip to New Orleans for Labor day weekend. All seemed fine and dandy and now we are sitting and watching the weather channel and trying to figure out if we can cancel the trip without losing all the money. Doesn't seem that way and flight next morning seems to be on time, so I guess we are going right into the bullseye of TD-13 aka soon-to-be TS or even Hurricane Lee.

With all that going on I'd definitely prefer to be armed and I think I'll take 2 guns instead of ususal one for travel - probably an XD-9 and an LCP as a back up. First question, with the state of emergency in LA, can I still be armed and carry? I have a VA resident CHP and given the situation I'm definitely going to CC 100% of the time if I can.

My research seems to show that I'm good to go. Am I ok to do that? What about following ususally restricted areas:
1) State and National parks?
2) Restaurants serving alcohol?
3) Other places not covered with preemption?
4) Signs have force of law?
5) Is there a duty to notify officer?
6) Any other special limitations I need to be aware of?

Thanks in advnace!

Thanks!

Daylen · Sep 2, 2011

Chaingun81 said:
Hey Y'all!

So a few months ago we booked a trip to New Orleans for Labor day weekend. All seemed fine and dandy and now we are sitting and watching the weather channel and trying to figure out if we can cancel the trip without losing all the money. Doesn't seem that way and flight next morning seems to be on time, so I guess we are going right into the bullseye of TD-13 aka soon-to-be TS or even Hurricane Lee.

With all that going on I'd definitely prefer to be armed and I think I'll take 2 guns instead of ususal one for travel - probably an XD-9 and an LCP as a back up. First question, with the state of emergency in LA, can I still be armed and carry? I have a VA resident CHP and given the situation I'm definitely going to CC 100% of the time if I can.

My research seems to show that I'm good to go. Am I ok to do that? What about following ususally restricted areas:
1) State and National parks?
2) Restaurants serving alcohol?
3) Other places not covered with preemption?
4) Signs have force of law?
5) Is there a duty to notify officer?
6) Any other special limitations I need to be aware of?

Thanks in advnace!

Thanks!

In LA a state of emergency does not mean a state of criminals, so it should not be a problem. However, be careful and ready to conceal if you end up in an area where the criminals are armed and want to disarm you as Willy Wonka did in the aftermath of katrina. The criminals could be wearing blue or green so be on the lookout.

georg jetson · Sep 2, 2011

Daylen said:
In LA a state of emergency does not mean a state of criminals, so it should not be a problem. However, be careful and ready to conceal if you end up in an area where the criminals are armed and want to disarm you as Willy Wonka did in the aftermath of katrina. The criminals could be wearing blue or green so be on the lookout.

http://www.legis.state.la.us/lss/lss.asp?doc=78434

§329.6. Proclamation of state of emergency; conditions therefor; effect thereof

A. During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the territorial limits of any municipality or parish, or in the event of reasonable apprehension of immediate danger thereof, and upon a finding that the public safety is imperiled thereby, the chief executive officer of any political subdivision or the district judge, district attorney, or the sheriff of any parish of this state, or the public safety director of a municipality, may request the governor to proclaim a state of emergency within any part or all of the territorial limits of such local government. Following such proclamation by the governor, and during the continuance of such state of emergency, the chief law enforcement officer of the political subdivision affected by the proclamation may, in order to protect life and property and to bring the emergency situation under control, promulgate orders affecting any part or all of the territorial limits of the municipality or parish:

<snip>

(6) Subject to the provisions of Subsection H of this Section, regulating and controlling the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition;

<snip>

H.(1) Nothing in this Section shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in Paragraph (2) of this Subsection.

(2) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The peace officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity, or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.

<snip>

georg jetson · Sep 2, 2011

Chaingun81 said:
My research seems to show that I'm good to go. Am I ok to do that? What about following ususally restricted areas:
1) State and National parks?

http://www.legis.state.la.us/lss/lss.asp?doc=104932
§1691. Possession of firearms

A person who lawfully possesses a firearm may possess or transport such firearm within the boundaries of a state park, state historic site, state preservation area, wildlife management area, or wildlife refuge.

Chaingun81 said:
2) Restaurants serving alcohol?

http://www.legis.state.la.us/lss/lss.asp?doc=78744
§95.5. Possession of firearm on premises of alcoholic beverage outlet

A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

B. "Alcoholic beverage outlet" as used herein means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

<snip>

There a nuance to this for CC. Maybe one of the cc guys can tell you more.

Chaingun81 said:
3) Other places not covered with preemption?

http://www.legis.state.la.us/lss/lss.asp?doc=97860
§1796. Preemption of state law

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; however, this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.

<snip>

Chaingun81 said:
4) Signs have force of law?

Trespass
http://www.legis.state.la.us/lss/lss.asp?doc=78584

Chaingun81 said:
5) Is there a duty to notify officer?

CC only. CC guys may post law the law...

Chaingun81 said:
6) Any other special limitations I need to be aware of?

Thanks in advnace!

Thanks!

Go here...
http://www.legis.state.la.us/lss/lss.asp?doc=78335

And then click "NEXT SECTION" several times to read through La's Justification and defense law.

Visiting New Orleans...maybe...

Chaingun81

Regular Member

Daylen

Regular Member

georg jetson

Regular Member

georg jetson

Regular Member