Louisiana Open Carry Statutes

 

The LA State Constitution - Article 1, Section 11

"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."
 

State v. Chandler, 5 La. Ann. 489, 490 (1850)

"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.


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. 97-0485 - The AG says, "There is no Louisiana law which in general prohibits carrying a handgun if that handgun is not concealed. However, please note that the definition of "concealed" may be construed narrowly by many of the courts. Further, there may be certain restrictions as to places where a person in general may not be allowed to carry a handgun such as a school or educational facility."

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;..."
(Source: http://www.ag.state.la.us/Shared/ViewDoc.aspx?Type=4&Doc=4694)

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.
(Source: http://www.ag.state.la.us/Shared/ViewDoc.aspx?Type=4&Doc=3165)

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."
(Source: http://www.ag.state.la.us/Shared/ViewDoc.aspx?Type=4&Doc=3531)

State v. Nelson, 367 So.2d 317 (1979) - "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."

 



Gun related statutes you should be familiar with...

 

RS 14:95 - Illegal carrying of weapons

RS 14:18 - Justification; general provisions

RS 14:19 - Use of force or violence in defense

RS 14:21 - Aggressor cannot claim self defense

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

RS 14:95.1.1 - Illegally supplying a felon with a firearm

RS 14:95.1 - Possession of firearm or carrying concealed weapon by a person convicted of certain felonies

RS 14:95.2 - Carrying a firearm, or dangerous weapon, by a student or non-student on school property, at school-sponsored functions or firearm-free zone

RS 14:95.5 - Possession of firearm on premises of alcoholic beverage outlet
NOTE: This has been ammended by Regular Session, 2014, ACT No. 147, HOUSE BILL NO. 72 which amends and reenacts R.S. 14:95.5(C) - "(2) The provisions of this Section shall not apply to a person possessing a firearm in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3 on the premises of an alcoholic beverage outlet which has been issued a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950."
cite: https://www.legis.la.gov/legis/ViewDocument.aspx?d=908133

RS 14:95.6 - Firearm-free zone; notice; signs; crime; penalties

RS 14:22 - Defense of others

RS 14:17 - Mistake of law

RS 14:16 - Mistake of fact

RS 14:91 - Unlawful sales of weapons to minors

RS 40:1796 - Preemption of state law

RS 14:20 - Justifiable Homicide

 


 

Resources:


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/

DISCLAIMER: RESEARCH EVERYTHING FOR YOURSELF OR CONSULT AN ATTORNEY

Nothing posted here should be considered, nor is it intended to be considered as legal advice.

Join the NRA and save $10!


“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.”

Article 1, Section 11,
Louisiana State Constitution

LOCAL Updates: