OpenCarry.org - Discussion Forum Home
 Search       Members   Calendar   Help   Home 
Search by username
Not logged in - Login | Register 








Open carry OK where CCW not?
 Moderated by: jpierce  
 New Topic   Reply   Print 
AuthorPost
Carondalet
Regular Member


Joined: Fri Jul 27th, 2007
Location: Baton Rouge, Louisiana USA
Posts: 95
Status:  Offline
 Posted: Wed Jul 30th, 2008 01:42 pm
 Quote  Reply 
Simple question.

Concealed carry says don't carry in a church, over 21 bar, etc.

Does this apply to open carry?

Besides the "I wouldn't suggest it" answer, CAN I?  L E G A L L Y?

Do CCW off limits places apply to open carry or is this a confrontational loophole?

Dustin
Regular Member


Joined: Wed May 28th, 2008
Location: Lake Charles Area, Louisiana USA
Posts: 1715
Status:  Offline
 Posted: Wed Jul 30th, 2008 03:51 pm
 Quote  Reply 
Laws are placed to restrict, not allow.

If there's no Law saying not too, than it's legal.

 

 

mark edward marchiafava
Regular Member
 

Joined: Sat May 19th, 2007
Location: Baton Rouge, Louisiana USA
Posts: 2015
Status:  Offline
 Posted: Wed Jul 30th, 2008 07:39 pm
 Quote  Reply 
Just yesterday, when I went to pick up the check to settle my lawsuit, the attorney and I were discussing that very thing. Example: Banks.
While LRS 14:95 does not mention banks, there is a federal law which does.  Title 40 of the Louisiana statutes has restrictions on CCW that do not apply to open carry.

asforme
Activist Member
 

Joined: Thu Mar 27th, 2008
Location: Lynchburg, Virginia USA
Posts: 839
Status:  Offline
 Posted: Wed Jul 30th, 2008 07:56 pm
 Quote  Reply 
mark edward marchiafava wrote: there is a federal law which does
Cite?

Dustin
Regular Member


Joined: Wed May 28th, 2008
Location: Lake Charles Area, Louisiana USA
Posts: 1715
Status:  Offline
 Posted: Wed Jul 30th, 2008 08:29 pm
 Quote  Reply 
mark edward marchiafava wrote: Just yesterday, when I went to pick up the check to settle my lawsuit, the attorney and I were discussing that very thing. Example: Banks.
While LRS 14:95 does not mention banks, there is a federal law which does.  Title 40 of the Louisiana statutes has restrictions on CCW that do not apply to open carry.

Something to remember about Banks.

They are Federally INSURED, NOT Fedarlly OWNED.

My Uncle who runs Hibernia in Avoyelles Parish told me that.

charlie12
Regular Member
 

Joined: Fri Sep 7th, 2007
Location: Baton Rouge, Louisiana USA
Posts: 414
Status:  Offline
 Posted: Wed Jul 30th, 2008 09:21 pm
 Quote  Reply 
asforme wrote: mark edward marchiafava wrote: there is a federal law which does
Cite?

I would like to know that one too. Lots of people CC in Louisiana banks and as far as I know it's legal if you have a CHP.

mark edward marchiafava
Regular Member
 

Joined: Sat May 19th, 2007
Location: Baton Rouge, Louisiana USA
Posts: 2015
Status:  Offline
 Posted: Wed Jul 30th, 2008 09:26 pm
 Quote  Reply 
I, too, would like to know that cite. My attorney was up against a timeline, didn't have time to get that far with him on that very question. If/when I am able to corner him again, I'll be sure to ask.
Tell Debbie I just might sneak up on her one morning on the motorcycle, PLEASE don't shoot me.

Jim675
Founder's Club Member


Joined: Tue Dec 18th, 2007
Location: Redmond, Washington USA
Posts: 666
Status:  Offline
 Posted: Wed Jul 30th, 2008 09:34 pm
 Quote  Reply 
mark edward marchiafava wrote: Just yesterday, when I went to pick up the check to settle my lawsuit, the attorney and I were discussing that very thing. Example: Banks.
While LRS 14:95 does not mention banks, there is a federal law which does.  Title 40 of the Louisiana statutes has restrictions on CCW that do not apply to open carry.

Once more congratulations MEM!  I believe the bank thing may be a misunderstanding about FDIC vs federal property.  I OC regularly into my bank in Seattle.

KBCraig
Regular Member
 

Joined: Tue Aug 7th, 2007
Location: Northeast Texas
Posts: 1678
Status:  Offline
 Posted: Fri Aug 1st, 2008 03:19 pm
 Quote  Reply 
There is no federal law about carrying in banks. Only a couple of states restrict it.

whoopingllama
Regular Member
 

Joined: Wed Jul 2nd, 2008
Location:  
Posts: 98
Status:  Offline
 Posted: Fri Aug 1st, 2008 03:32 pm
 Quote  Reply 
which states exactly?

KBCraig
Regular Member
 

Joined: Tue Aug 7th, 2007
Location: Northeast Texas
Posts: 1678
Status:  Offline
 Posted: Mon Aug 4th, 2008 03:26 pm
 Quote  Reply 
whoopingllama wrote: which states exactly?

I don't recall exactly, so don't trust this as reliable information, but off the top of my head I believe South Dakota and one of the Carolinas.

 

Louisiana Carry
Regular Member


Joined: Fri Feb 29th, 2008
Location: Keithville, Louisiana USA
Posts: 372
Status:  Offline
 Posted: Tue Aug 5th, 2008 12:23 am
 Quote  Reply 

Here is section N of the State CCW statute- I will add comments line by line.



N.  No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:



(1)  A law enforcement office, station, or building.  (Many localities prohibit this anyway, openly or concealed, and our State pre-emption Statute allows for these prohibitions, so check your area)



(2)  A detention facility, prison, or jail.  (Doubt you are going to pull this one off, regardless)



(3)  A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.  (Many localities prohibit this anyway, openly or concealed, and our State pre-emption Statute allows for these prohibitions, so check your area)



(4)  A polling place.  (Many of these are in school zones, so watch out, otherwise, I am not aware of a similar prohibition on OC)



(5)  A meeting place of the governing authority of a political subdivision.  (Many localities prohibit this anyway, openly or concealed, and our State pre-emption Statute allows for these prohibitions, so check your area)



(6)  The state capitol building.  (I am not specifically aware of a prohibitory Statute in State law, but BR probably has one prohibiting this.  Again, our State pre-emption Statute allows for these prohibitions)



(7) Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage.  (Federal law applies here, but you can open carry outside the secured area, barring a local ordinance to the contrary- be prepared to get tackled, though)



(8)  Any church, synagogue, mosque, or other similar place of worship.  (This one is a clear one- you can open carry here, and you can concealed carry with a Parish permit, as I do)



(10)  Any portion of the permitted area of an establishment that has been granted a Class A-General retail 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, to sell alcoholic beverages for consumption on the premises.  (This one is tricky.  You cannot OC, stautorily, anywhere that sells alcohol for consumption on the premesis.  This paragraph IMPLIES that you can CC with a permit in non-Class A areas.  However, paragrah M.  states "No concealed handgun permit shall be valid or entitle any permittee to carry a concealed weapon in any facility, building, location, zone, or area in which firearms are banned by state or federal law."  Couple that with the fact that  RS 14:95.5 states you cannot carry in any alcoholic etablishment, and you have an ambiguity.  The authorities and permit holders are currently operating under the assumption that the implication triumphs, though, so actually- this is a time where you CAN carry somewhere concealed that you cannot carry open (non-Class A alcoholic establihments)



(11)  Any school "firearm-free zone" as defined in R.S. 14:95.6.  (Here is another example of a place you can carry concealed- with the right permit- that you cannot carry open.  You WILL risk hard time carrying in a school zone, unless you are concealing a weapon persuant to a parish permit [see paragraph C4 of RS 14:95.2   Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone])

charlie12
Regular Member
 

Joined: Fri Sep 7th, 2007
Location: Baton Rouge, Louisiana USA
Posts: 414
Status:  Offline
 Posted: Tue Aug 5th, 2008 11:46 am
 Quote  Reply 
11)  Any school "firearm-free zone" as defined in R.S. 14:95.6.  (Here is another example of a place you can carry concealed- with the right permit- that you cannot carry open.  You WILL risk hard time carrying in a school zone, unless you are concealing a weapon persuant to a parish permit [see paragraph C4 of RS 14:95.2   Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone])


What about if it's in your vehicle on school grounds, isn't that OK? Jus can't get out with it?

charlie12
Regular Member
 

Joined: Fri Sep 7th, 2007
Location: Baton Rouge, Louisiana USA
Posts: 414
Status:  Offline
 Posted: Tue Aug 5th, 2008 11:47 am
 Quote  Reply 
Jim675 wrote: mark edward marchiafava wrote: Just yesterday, when I went to pick up the check to settle my lawsuit, the attorney and I were discussing that very thing. Example: Banks.
While LRS 14:95 does not mention banks, there is a federal law which does.  Title 40 of the Louisiana statutes has restrictions on CCW that do not apply to open carry.

Once more congratulations MEM!  I believe the bank thing may be a misunderstanding about FDIC vs federal property.  I OC regularly into my bank in Seattle.

I'll tell not to shoot you too many times with her .357mag.  :lol:

Louisiana Carry
Regular Member


Joined: Fri Feb 29th, 2008
Location: Keithville, Louisiana USA
Posts: 372
Status:  Offline
 Posted: Tue Aug 5th, 2008 11:10 pm
 Quote  Reply 
charlie12 wrote: 11)  Any school "firearm-free zone" as defined in R.S. 14:95.6.  (Here is another example of a place you can carry concealed- with the right permit- that you cannot carry open.  You WILL risk hard time carrying in a school zone, unless you are concealing a weapon persuant to a parish permit [see paragraph C4 of RS 14:95.2   Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone])


What about if it's in your vehicle on school grounds, isn't that OK? Jus can't get out with it?




C.  The provisions of this Section shall not apply to:



(1)  A federal, state, or local law enforcement officer in the performance of his official duties.



(2)  A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.



(3)  Any person having the written permission of the principal.



(4)  The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.



(5)  Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.



(6)  Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.



(7)  A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.



(8)  A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.

Last edited on Tue Aug 5th, 2008 11:11 pm by Louisiana Carry

charlie12
Regular Member
 

Joined: Fri Sep 7th, 2007
Location: Baton Rouge, Louisiana USA
Posts: 414
Status:  Offline
 Posted: Wed Aug 6th, 2008 02:47 am
 Quote  Reply 
Thanks Louisiana Carry

That's what I though.

Louisiana Carry
Regular Member


Joined: Fri Feb 29th, 2008
Location: Keithville, Louisiana USA
Posts: 372
Status:  Offline
 Posted: Wed Aug 6th, 2008 02:56 am
 Quote  Reply 
Always a pleasure.

Carondalet
Regular Member


Joined: Fri Jul 27th, 2007
Location: Baton Rouge, Louisiana USA
Posts: 95
Status:  Offline
 Posted: Mon Aug 18th, 2008 07:40 am
 Quote  Reply 

Louisiana Carry, your research states this:



(8)  Any church, synagogue, mosque, or other similar place of worship.  (This one is a clear one- you can open carry here, and you can concealed carry with a Parish permit, as I do)


 

Can you be asked to leave church under private property angle?

I vision open carrying in a busy church on a Sunday, the soccer mom liberals getting frantic, the traffic LEO hired by the church coming inside asking you to disarm because he doesn't know the statute above, you don't, a scuffle, handcuffs, lawsuit.  But, who to sue, LEO or church?

 

Louisiana Carry
Regular Member


Joined: Fri Feb 29th, 2008
Location: Keithville, Louisiana USA
Posts: 372
Status:  Offline
 Posted: Mon Aug 18th, 2008 01:13 pm
 Quote  Reply 
You can always be asked leave private property, for any reason.

GPossenti
Regular Member
 

Joined: Tue May 27th, 2008
Location: Bossier City, Louisiana USA
Posts: 53
Status:  Offline
 Posted: Wed Aug 20th, 2008 08:49 pm
 Quote  Reply 
(4)  The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.

Does this mean that people with concealed handgun permits may carry within 100 feet of school property?


 Current time is 03:22 am
Page:    1  2  3  4  Next Page Last Page  





Powered by WowBB 1.7 - Copyright © 2003-2006 Aycan Gulez