New Member Introductions

A place to talk about most anything gun or gun rights related.
Fuego
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Re: New Member Introductions

Post by Fuego » 07 Mar 2018 00:06

@herohog, ok will do!
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USARA - LRR4889 (Life Member)

Shoot low, they're riding Shetlands.

RugerNut
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Posts: 6
Joined: 26 May 2018 09:37
Years Open Carrying: 10+

Re: New Member Introductions

Post by RugerNut » 26 May 2018 18:39

Hello everyone. My name is Wayne and I reside in Avoyelles Parish. I come here to get better educated about the current La. conceal gun laws. I had a CCW in another state but it expired a few years ago.

RugerNut
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Posts: 6
Joined: 26 May 2018 09:37
Years Open Carrying: 10+

Re: New Member Introductions

Post by RugerNut » 26 May 2018 18:40

Hello everyone. My name is Wayne and I reside in Avoyelles Parish. I come here to get better educated about the current La. conceal gun laws. I had a CCW in another state but it expired a few years ago.

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herohog
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Location: Shreveport, LA
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Re: New Member Introductions

Post by herohog » 26 May 2018 21:07

Hello! You will find that since Facebook became popular, this forum has pretty much died. You will find more traffic on our Facebook page here: http://www.facebook.com/LAOpenCarry.org
Speedy
AKA: Hero Hog, Dr. Speed and "That fat, old, balding, Grey-bearded gimpy guy"
Louisiana Open Carry Awareness League (LOCAL) Secretary/Treasurer, CIO

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

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Palombo5050
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Posts: 1
Joined: 21 Sep 2018 08:12
Years Open Carrying: 0

Re: New Member Introductions

Post by Palombo5050 » 22 Sep 2018 01:19

Hello I'm Patrick. I'm getting disgusted with turn of events in our society and the drive to change the second amendment. I want to get involved more with exercising my right to bear arms. I asked to join this group so I can make sure I follow the laws accordingly. I live in Sulphur Louisiana on the Choupique bayou. I'm able to fire my weapons anytime. I don't have the ccw permit. However, I'm more intrested with the open carry aspect. The other day I was firing a few rounds into the mud bank across the bayou and I hear a boat engine roar an the driver stopped and proceeded to yell at me. He was afraid that he was going to get hit. The guy was nowhere near the direction I was aiming. Anyway, after his rant I guess he figured I was going to apologize. He rode off... I started firing again. I just recently purchased a 38 special revolver. I carry it in my vehicle. The good folks at Gator guns clarified that I can have a concealed weapon in my vehicle, just not attached to me concealed. I want to gather the correct information on the laws and have them on hand in case I'm detained for questioning. I don't want to say "It's legal" I want to show that it is legal. I just read that Louisiana is getting ready for a vote to change the law about firearms around schools and churches. I'm a proud American and want to do my part. Any help in acquiring documentation and understanding the current laws is greatly appreciated. I Also do nickel plating.

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herohog
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Re: New Member Introductions

Post by herohog » 22 Sep 2018 08:12

Welcome to the forum!

What gives us the right to openly carry is that there are no laws preventing it. The 2nd Amendment to the US Constitution recognizes, NOT grants, our natural right to keep and bare arms in defense of ourselves, our family, and our country. The Constitution of Louisiana also recognizes those natural rights in Article 1, Section11: “The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.”
This has also been backed by case law and more:

"In State v. Chandler, 5 La. Ann. 489, 490 (1850), the Louisiana Supreme Court held that citizens had a right to carry arms openly: 'This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defense of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”

Cite - http://www.guncite.com/court/state/5la489.html

Aren't Only Police Allowed To Open Carry?
Nope and there is case law to back this up. "The carrying of an unconcealed weapon is not a special privilege or advantage enjoyed by a police officer. Each citizen is guaranteed the right to keep and bear arms not concealed on his person." State v. Nelson, 367 So.2d 317 (1979)

Cite - http://www.leagle.com/decision/19796843 ... .%20NELSON

Can I open carry anywhere?
No! Some places are restricted by law. For example, school zones (if you are not in your vehicle, or on private property), government (state and local) buildings, any place that sells alcohol for consumption on the premises and any private property that posts signs expressly forbidding the carrying of firearms. These are the main ones but there are more depending on local and area laws so always do a little research before carrying anywhere! Our Statutes page is a great place to start your search.

Who is prohibited from openly carrying weapons?
Anyone who is prohibited from owning weapons. In general, this means drug addicts, felons, those convicted of a misdemeanor crime of domestic violence, and those under eighteen years of age. Louisiana does have some laws prohibiting possession of firearms, but Federal laws are more strict, so if you are OK by Federal law, you are likely OK by LA law.

How old do you have to be to open carry?
In Louisiana 17, but federal law restricts the age to 18. The federal law 'trumps' the state law, so 18. The following may help clear this up for you:

Source - http://legis.la.gov/Legis/Law.aspx?d=78747

RS 14:95.8 - Illegal possession of a handgun by a juvenile
"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."

Also see - http://legis.la.gov/Legis/law.aspx?d=78703

RS 14:91 - Unlawful sales of weapons to minors
"Unlawful sales of weapons to minors is the selling or otherwise delivering for value of any firearm or other instrumentality customarily used as a dangerous weapon to any person under the age of eighteen. Lack of knowledge of the minor's age shall not be a defense."

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?
No. 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.

This and more can be found on our website and in the FAQ there.
Speedy
AKA: Hero Hog, Dr. Speed and "That fat, old, balding, Grey-bearded gimpy guy"
Louisiana Open Carry Awareness League (LOCAL) Secretary/Treasurer, CIO

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

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