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I'm in desperate need of knowing if OC is legal for me

C

CaptCarlton

New member
Joined
Aug 7, 2012
Messages
1
Location
New Orleans, La
I am 19 years old and I am a fisherman. Me and my family do a lot of fishing and hunting for alligators legally of coarse. I own Shotguns which are in my name (18 or older to purchase & possess)...

What I am trying to get to here is, I have been researching around a lot and asking lots of questions on legality of Handguns.
Some places/people have said I must be 18+ to open carry in Louisiana but 21 to purchase.

Why would I have to be 21 to purchase but 18 to open carry? I don't like using other peoples guns because I don't want my fingerprints getting caught up in any crimes with the extremely high murder rate down here in New Orleans. I just need to know the truth on what is legal so I can know what I need to do to proceed. Can I purchase a Handgun at 19 and open carry it?

(Edit: I just seen online that someone said I must be 21 to purchase from a Dealer, but 18 to receive as a gift from a parent. Is this true?)

Thanks!
 
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MAC702

MAC702

Campaign Veteran
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Jul 31, 2011
Messages
6,331
Location
Nevada
Federal law prohibits you purchasing a handgun from a dealer until you are 21. Most states do not have further restrictions, meaning most states allow you to purchase from a private party. It usually does not need to be a "gift" to be legal, in most states. I'm sure an LA expert will be along shortly, but Federal law does not restrict you from private party purchases.
 
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J

James F.

Regular Member
Joined
Jun 28, 2012
Messages
16
Location
North Louisiana.
I'm pretty sure that if it's a gift from a parent then it's your pistol and yes you can carry it. Just make sure you know our state laws about carrying. I'm 19 and I carry my pistol as much as I can. If you want to buy the gun yourself then you only have to be 18 to buy from a third party. So if you find somebody looking to sell a pistol you can buy it. Just make sure they're at least semi-trustworthy and aren't selling the gun super cheap, you could end up buying a stolen gun.
 
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tcox4freedom

Regular Member
Joined
Feb 11, 2009
Messages
94
Location
, South Carolina, USA
Here's something I found in the Louisiana Criminal Code--

LRS 14:95.8 §95.8. Illegal possession of a handgun by a juvenile
A. It is unlawful for any person who has not attained the age of seventeen years
knowingly to possess any handgun on his person. Any person possessing any handgun in
violation of this Section commits the offense of illegal possession of a handgun by a juvenile.


B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars
and imprisoned for not less than ninety days and not more than six months.
(2) On a second conviction, the offender shall be fined not more than five hundred
dollars and imprisoned with or without hard labor for not more than two years.
39 (3) On a third or subsequent conviction, the offender shall be fined not more than one
thousand dollars and imprisoned at hard labor for not more than five years.
(4) A juvenile adjudicated delinquent under this Section, having been previously found
guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt
or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not
less than five hundred dollars and not more than one thousand dollars and shall be imprisoned
with or without hard labor for not less than six months and not more than five years. At least
ninety days shall be served without benefit of probation, parole, or suspension of sentence.

C. The provisions of this Section shall not apply to any person under the age of
seventeen years who is:

(1) Attending a hunter's safety course or a firearms safety course.
(2) Engaging in practice in the use of a firearm or target shooting at an established range.

(3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of
this state.

(4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this
Subsection while in possession of an unloaded gun.
(5) On real property with the permission of his parent or legal guardian and with the
permission of the owner or lessee of the property.
(6) At such person's residence and who, with the permission of such person's parent or
legal guardian, possesses a handgun.
(7) Possessing a handgun with the written permission of such person's parent or legal
guardian; provided that such person carries on his person a copy of such written permission.

D. For the purposes of this Section "handgun" means a firearm as defined in R.S.
14:37.2, provided however, that the barrel length shall not exceed twelve inches.
Acts 1999, No. 1218, §1.
Click to expand...

You're not a juvenile (under 17), according to LA law.

I'm not a lawyer. But, looking at subsection "C" line #3, it appears carrying while hunting is allowed.

-
 
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papa bear

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
I tried to do a little research on the subject. I was really surprised that NRA only talked about CC (well not really). I could not find anything saying that open carry was illegal, and even found some info that you can carry at 17 in LA. as far as i can tell you can buy a firearm from private sales or of course gifted. in case of ammo you must be gifted.

if anyone can cite me wrong, i would welcome it
 
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tcox4freedom

Regular Member
Joined
Feb 11, 2009
Messages
94
Location
, South Carolina, USA
papa bear said:
I tried to do a little research on the subject. I was really surprised that NRA only talked about CC (well not really). I could not find anything saying that open carry was illegal, and even found some info that you can carry at 17 in LA. as far as i can tell you can buy a firearm from private sales or of course gifted. in case of ammo you must be gifted.

if anyone can cite me wrong, i would welcome it
Click to expand...

I actually found that strange as well. I spent the better part of 1/2 an hour looking through the Louisiana Law website and couldn't find any mention of OC laws.
 
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georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
tcox4freedom said:
I actually found that strange as well. I spent the better part of 1/2 an hour looking through the Louisiana Law website and couldn't find any mention of OC laws.
Click to expand...

Here's the OC law in La.

Article 1 section 11 of the La. Constitution.

Right to Keep and Bear Arms

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.
 
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tcox4freedom

Regular Member
Joined
Feb 11, 2009
Messages
94
Location
, South Carolina, USA
georg jetson said:
Here's the OC law in La.

Article 1 section 11 of the La. Constitution.

Right to Keep and Bear Arms

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.
Click to expand...


Plus 1+

I thought the same thing.
 
S

Seigi

Regular Member
Joined
Oct 1, 2008
Messages
121
Location
Baton Rouge, Louisiana, USA
The source of the age 18 restriction is federal law - as is the 21 to buy from an FFL rule.

Be advised, purchasing from an FFL on behalf of someone who cannot is a crime. I don't know if there is a parental exception. If your parents have any guns that they've had since before you were born, perhaps they could give you one of those?
 
D

Dustin

Regular Member
Joined
May 28, 2008
Messages
1,723
Location
Lake Charles Area, Louisiana, USA
CaptCarlton said:
Can I purchase a Handgun at 19 and open carry it?

(Edit: I just seen online that someone said I must be 21 to purchase from a Dealer, but 18 to receive as a gift from a parent. Is this true?)
Click to expand...


-Yes, but not from an FFL Dealer.

- Yes, but the giver does not have to be a parent.

Open Carrying(In the sense were talking) under the age of 17 is illegal.

Source;
RS 14:95.8 - Illegal possession of a handgun by a juvenile
http://www.legis.state.la.us/lss/lss.asp?doc=78747

RS 14:91 - Unlawful sales of weapons to minors
http://www.legis.state.la.us/lss/lss.asp?doc=78703
 
hermannr

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
Guys. I "gift" is not illegal...purchasing from an FFL, with your own money, specifically as a "gift" to someone under 21 is absolutely legal.

A "straw purchase" is taking someone else's money, that normally cannot purchase, and purchasing for them with their money...that is NOT a gift. A straw purchase is illegal.

It is NOT illegal for anyone to purchase from an FFL....It is illegal for a FFL TO SELL to someone under 21.

Please stop calling people who have attained the age of majority (18) "juveniles" An 18 year old is not a Juvenile in any state and any restriction on a juvenile is irrelevant to someone that is 18 or over.
 
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