• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Opelousas La no OC

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
NOTE: Emphasis is mine.
Jody White <white@opelousaspd.com>

LOCAL,
Due to recent nationwide developments regarding the open carry of firearms and inquiries by the general public, I did a little research to help aid in your response to the public if questioned.

LARS 14:95 is the statute that clearly defines the illegal carrying of a weapon.
Attorney General Opinion No. 78-0795 states that there are no Louisiana state statutes that prohibit the open carry of firearms, BUT, City Ordinance Section 18-10 prohibits "a weapon or weapons concealed on or about the person". This would mean that one Cannot carry a weapon on his/her body. This will not pertain to legally issued "Louisiana conceal carry permits" that, under Louisiana Law, must be concealed. This ordinance does not allow any other carrying of a weapon.

Some will cite "LARS 40:1796 Preemption of state law" that they will use as justification to nullify local ordinance. That preemption statute is Date Specific as of July 15, 1985 and does NOT nullify the Opelousas City Ordinance due to the fact that LOCAL ORDINANCE PREDATES the preemption clause in that statute. They fail to include that little detail in "Frequently Asked Questions". If you encounter questions regarding open carry, you should advise the public that they need to check local ordinances for open carry laws before making a decision to open carry. This jurisdiction prohibits open carrying of a weapon.

Contact the City of Opelousas Records Section at 337-948-2520 for copies of City Ordinances.
'...prohibits "a weapon or weapons concealed on or about the person".' I don't see where that says anything about Un-concealed/Open carry and would think a good lawyer would have a field day with it. Any lawyers out there care to chime in?
 

sheepdog

Regular Member
Joined
Mar 12, 2008
Messages
299
Location
Texas
...from the LOCAL site that HeroHog posted, we have actual court cases...no lawyer needed...those in the business of enforcing the law have been told...and told...

http://laopencarry.org/statutes.shtml

...and more specifically:
Attorney General Opinion No. 78-0795 - 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 preempted 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.
 
Last edited:

sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,217
Location
Saint Gabriel, Louisiana, USA
Sheepdog,
As Sgt White correctly points out in his post, La Preemption does not cover local laws in effect before July 1985.
Cite- http://legis.la.gov/lss/lss.asp?doc=97860
RS 40:1796 - 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.

B. Nothing in this Section shall prohibit a local governing authority in a high-risk area from developing a plan with federally licensed firearms manufacturers, dealers, or importers to secure the inventory of firearms and ammunition of those licensees in order to prevent looting of the licensee's premises during a declared state of emergency or disaster. Such plan shall be renewed on a periodic basis. The information contained in the plan shall be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the sheriffs of the parishes or police chiefs of municipalities in which the declared state of emergency or disaster exists.

C. For the purposes of this Section:

(1) "Declared emergency or disaster" means an emergency or disaster declared by the governor or parish president pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

(2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.

Added by Acts 1985, No. 741, §1, eff. July 17, 1985; Acts 2006, No. 254, §1.
While Sgt White may have a point that our FAQs don't mention this limited or partial preemption, we do inform our members and those asking about restricted areas to research their local laws. We could be more clear in our FAQs and will add a mention of partial preemption to our website shortly. That said, anyone who has been reading our forum since 2009 or who reads our newsletter each month knows the importance we place on open carriers knowing local and state laws.
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
§ 18-8.1 opelousas code § 18.10

Here is the referenced code as sent to us by the OPELOUSAS PD:

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

§ 18-8.1 OPELOUSAS CODE § 18.10

Sec. 18-10. Weapons-Carrying concealed.
Whoever shall carry within the corporate limits of the city,
a weapon or weapons concealed on or about the person, such as
pistols, bowie knives, dirks, razors, or any other dangerous
weapons, shall on conviction thereof, suffer fine or im-
prisonment, the fine not to be less than fifty dollars ($50.00),
nor more than one hundred dollars ($100.00), and imprison-
ment not to be less than ten (10) days nor more than
thirty (30) days, or both such fine and imprisonment at the
discretion of the city judge, provided that the provisions of
this section shall not apply to sheriffs, and their deputies,
constables, city police officers and the city marshal, when in
the actual discharge of their official duties. (Ord. No. 1, §
1,1-19-23)

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

Note that is SPECIFIES Concealed. I don't think they have a leg to stand on!
 

sheepdog

Regular Member
Joined
Mar 12, 2008
Messages
299
Location
Texas
...thanks to HeroHog for actually providing the ordinance that Sgt. White made reference to...

...the ordinance clearly was passed before the preemption law and so is valid...no question about it...

...what the ordinance says is nothing about open carry, and Sgt. White is completely in error to extrapolate his later statements from the ordinance...

...if he desires to be correct in his opinions, all he need do is research the court cases/AG opinions listed on the LOCAL site HeroHog provided...some of them specifically deal with his misconceptions...I'm sure a PIO would want to be issuing correct information...

...as for us, there is still no evidence that it's illegal to Open Carry a handgun in Opelusas, LA...it's legal until there's a valid law that says it isn't...

...LA went a loooooooooooong time without a concealed carry law...when I policed the Chief/Commissioner/Sheriff would hand out "courtesy cards" with a note on them to those cronies they wanted to allow to carry concealed...not quite a fair system...the concealed carry law can't be twisted and used to make open carry illegal...
 
Last edited:

sheepdog

Regular Member
Joined
Mar 12, 2008
Messages
299
Location
Texas
...as an aside, I'd like to know how to join LOCAL and get the news/info available through them...
 
Last edited:

sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,217
Location
Saint Gabriel, Louisiana, USA
...as an aside, I'd like to know how to join LOCAL and get the news/info available through them...
Just go to our website at laopencarry.org and click on the Join LOCAL tab. LOCAL dues are 10 bucks a year. Are you an NRA member? You can Join or renew with the NRA there to. Even Better.... Get the bundle....LOCAL and NRA membership together for just 25 dollars.
 

cjbiv

New member
Joined
Nov 16, 2013
Messages
22
Location
Republic of West Florida (the Louisiana part)
It is unspeakably troubling that someone connected to a police department (Jody White) does not realize the most basic tenet of criminal law, to wit: if there is not a law making something illegal, it IS legal.
As I read his comment, it appears to me that he is saying the opposite.

That ordinance, if reproduced accurately, prohibits concealed carry only; not "open carry". (As an aside, if it prohibited "open carry" generally it would be unconstitutional, even in a pre 7/15/85 ordinance. Open Carry is protected by the Louisiana State Constitution, art. 1, sec 11.)

steelhorse: You were denied a state constitutional right under color of law; the least you should do is file a complaint with the PD. That is free, it won't cost you any money.

This kind of illegal action will continue until it is stood up too.

cjbiv
 
Last edited:

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,623
Location
Pleasant Grove, Utah, USA
Attorney time---- delete your post, contact an attorney to fight this, then only with permission of your attorney post more.

Then after your successful civil suit for false arrest and rights violations come back an let us know how it all turned out.

IF your story is factually correct you have been arrested and charged improperly and have had your rights violated!
 

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
Messages
5,831
Location
Southeast, Missouri, USA
Attorney time---- delete your post, contact an attorney to fight this, then only with permission of your attorney post more.

Then after your successful civil suit for false arrest and rights violations come back an let us know how it all turned out.

IF your story is factually correct you have been arrested and charged improperly and have had your rights violated!
Good advice! Hope s/he takes it.
 

cjbiv

New member
Joined
Nov 16, 2013
Messages
22
Location
Republic of West Florida (the Louisiana part)
If your story is accurate, your rights have been violated. Your U.S. Fourth Amendment rights were violated: you were illegally seized (i.e. falsely arrested.) Your Louisiana Article 1, sec. 11 rights were also violated.
I believe you have a Federal Civil Rights case on your hands (the violation of a state constitutional right is a federal civil rights issue, PLUS the violation of a U.S. constitutional right is a federal issue.) In other words, I believe you can sue in federal court, which I believe would be better than state court for this issue. Just my opinion. Your attorney may think differently, and you should take his/her advice.

BUT, whatever you do, PLEASE sue the police department, the City of Opelousas, AND the officer(s) that arrested you. He is NOT going to be able to hide behind "qualified immunity" because qualified immunity only kicks in and protects an LEO if the rights violation is ambiguous. In other words, if the right that is violated is a well established right, (and the 4th amendment is well established, and Article 1 sec. 11 is well established) then the LEO can't avail himself of the protections of qualified immunity.

By the way, according to Hein v. North Carolina 135 S. Ct. 530 (2014) (a U.S. Supreme Court case) a LEO is suppose to know the law he is enforcing and can't protect himself from liability by claiming ignorance of the law. (If we have to know the law, then damnit, they have to know the law; especially if they are going to arrest someone for violating a law.)

Please teach these g.d. bastards a lesson (and teach them the law in the process.) It burns me up that they are either too stupid to understand the plain language of that ordinance, or if they do understand the words of that ordinance, too disreputable to honor constitutional rights. Get yourself a GOOD attorney, preferably one that practices in federal court. DO NOT plead guilty to anything. Make the DA take the matter to trial; the charges should be dropped because the ELEMENTS of the crime DO NOT EXIST. Then drag those bastards in front of a federal judge and jury and make them explain why they are exempt from the 4th Amendment. TRY TO GET THE FEDERAL JUDGE TO ISSUE AN INJUNCTION AGAINST THE OPELOUSAS POLICE DEPARTMENT FROM FALSLY ARRESTING PEOPLE FOR OPEN CARRYING. If you settle, you may not get the injunction. If you prevail at trial, you may. FIGHT!
 
Last edited:

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
A good lawyer will kick their ass and sue them to boot. The law as written should have no effect on Open Carry as long as you were carrying in an unrestricted area as far as Open Carry is concerned (no school areas, posted or alcohol served for consumption on the premises). Go to http://laopencarry.org and see our Lawyer List on our forum and look over the links to the various FAQs and laws there.
 
Last edited:

sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,217
Location
Saint Gabriel, Louisiana, USA
Link to the list of pro gun lawyers at the Louisiana Open Carry Awareness League forum.
http://laopencarry.org/forum/viewtopic.php?f=37&t=10

I for one want to include this in an upcoming issue of our newsletter and get you as much help as possible. We knew it was only a matter of time until OPD did this and opened themselves up to charges of illegal arrest. They knew they were wrong and were warned and still decided to violate peoples rights.
 

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
Messages
5,831
Location
Southeast, Missouri, USA
I for one want to include this in an upcoming issue of our newsletter and get you as much help as possible. We knew it was only a matter of time until OPD did this and opened themselves up to charges of illegal arrest. They knew they were wrong and were warned and still decided to violate peoples rights.
Let's not get too excited about this just yet. Thus far the alleged arrest is just a drive-by posting. Could be anything from truth to a local LEO trolling.
 

Quinn Meche

Newbie
Joined
May 19, 2015
Messages
5
Location
arnaudville
Thank you all for your responses. First, I am no troll, this arrest really did happen. I have absolutely no money to start a defense of this. I need a lawyer that will get the charges dropped and then take his cut from the lawsuit. I will start contacting lawyers about it from the list provided but if anyone here knows someone personally please feel free to contact me.
 
Top