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Thread: open carry law in louisiana

  1. #1
    Newbie wolfpak382's Avatar

    open carry law in louisiana

    I've heard different people with different "opinions" of the law, I was just wondering if anyone knows what the louisiana law is on carrying a handgun not concealed. I know we have concealed handgun permits but i'm talking about carrying a handgun on you're side in the open without any kind of permit, is it legal in louisiana.

  2. #2
    Marksman

    Premium Member
    NOLASHOOTER's Avatar
    I do believe that LA is an open carry state. There is a group in LA that promotes it.

  3. #3
    The Ultimate Consumer Emperor's Avatar
    Just go here:
    http://laopencarry.freeforums.org/portal.php

    Everything you need, and I am sure you could join them too.

    Look up BS Member "yale"
    Last edited by Emperor; October 22nd, 2011 at 08:24 AM.
    Remember; The 2nd Amendment Protects the 1st!
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  4. #4
    LA CHP Instructor # 522 Guate_shooter's Avatar
    Hell to the yeah it is


    Contact YALE here in the forum, he can give you lots of info on it
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  5. #5
    Butthole charlie12's Avatar
    Go to this link and they can tell you everything you need to know.

    http://laopencarry.freeforums.org/po...e38ffaeb2ff3f8
    ---------------------------------------------------------------------------------------------------
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  6. #6
    Banned
    Yes, open carry is legal in Louisiana, but a lot of law enforcement officers don't know that.

  7. #7
    Banned
    Welcome to Bayou Shooter.
    Check your PMs at the LOCAL forum.

  8. #8
    Banned
    About LOCAL-
    In early 2009, Open Carriers in Louisiana were looking for a organized voice. After several discussions via online message boards and public meetings the Louisiana Open Carry Awareness League (LOCAL) was formed.
    In July 2009 the LOCAL Forum was put online. LOCAL members used this as a tool to continue to organize and plan.
    In December 2, 2009 ten members of the LOCAL forum met in LaPlace, La and formally established LOCAL as a statewide gun rights educational group. Officers were elected and by early 2010 bylaws were adopted and LOCAL was growing.
    Since the first meeting, LOCAL members have worked to educate others about the right to Open Carry in Louisiana. Fliers and pamphlets were printed and mailed along with an introductory letter to dozens of radio and television news stations and print news outlets. Hundreds of Law Enforcement agencies and officials were sent mailers telling them about our mission and reminding them of the laws regarding legal carry of firearms. Emails have been sent to CHP instructors throughout the state. LOCAL pamphlets were distributed at gun shows and other events. Work on a formal webpage began and Facebook and Twitter accounts were established.
    LOCAL continues to educate the public and represent those who choose to legally Open Carry in Louisiana.
    Frequently Asked Questions-
    What is Open Carry?
    1-Open carry is shorthand terminology for "openly carrying a firearm in public", as distinguished from concealed carry, where firearms cannot be seen by the casual observer. The act of publicly carrying a firearm in plain sight. Plain sight is broadly defined as not being hidden from common observation; varies somewhat from state to state.

    Is it legal to openly carry weapons in Louisiana?
    Yes, as a general rule- however, certain places and
    people are restricted by law.

    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.

    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.

    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?
    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.

    What holster method should I use for open carry?
    That is a personal preference. However be advised that if
    you do not have a concealed carry permit you are at an
    increased risk of a criminal charge if your carry method
    can be construed as having been intended to conceal or
    obscure your weapon. It is often suggested that a quality
    retention style holster be used whenever possible when
    Open Carrying.

    Can I open carry in other States?
    Yes, open carry is allowed by law in many States.
    Louisiana is one of more than 40 States where citizens
    may Open Carry handguns. Laws vary so research each
    area carefully.
    Cites/Statutes
    The LA State Constitution - Article 1, Section 11 <there's a hyperlink here to- http://senate.legis.state.la.us/docu...%20Bear%20Arms >- "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."

    State v. Fluker 311 So. 2d 863 <there's a hyperlink here to - http://scholar.google.com/scholar_ca...=2,37&as_vis=1 >- A 1975 State Supreme Court case regarding the determination of concealment of a firearm in LA

    State v Ferrand 664 So.2d 396 <there's a hyperlink here to - http://scholar.google.com/scholar_ca...=2,37&as_vis=1 > -"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 <there's a hyperlink here to - http://scholar.google.com/scholar_ca...=2,37&as_vis=1 > -"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. 97-485 - The AG says, "There is no Louisiana law which in general prohibits carrying a handgun if that handgun is not concealed."

    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;..."

    Attorney General Opinion No. 78-795 - 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.

    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."

  9. #9
    Newbie wolfpak382's Avatar
    thanks yale, i got it. thanks alot that is very helpful.

  10. #10
    Banned
    Wolf, Yale is the authority on this topic. He speaks of such issues with high intelligence. However, I just wanted to add a note of caution (again). There are a lot of LEOs that do not know that open carry (OC) is legal. Some OC advocates carry a brochure that explains OC law in case they are arrested. I think that brochure is on that website that Yale provided.

    I wish you the best of luck, Wolf, and let us know how your experience goes.

  11. #11
    Banned

  12. #12
    Butthole charlie12's Avatar
    Quote Originally Posted by yale View Post

    In the first video right after MEM talked (about 0:59 in the video) the reporter said anyone 21 could OC. Where did he get that age deal?
    ---------------------------------------------------------------------------------------------------
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  13. #13
    Banned
    Quote Originally Posted by charlie12 View Post
    In the first video right after MEM talked (about 0:59 in the video) the reporter said anyone 21 could OC. Where did he get that age deal?
    I'm not sure but we contacted him after it aired to correct him regarding that mistake but it was already too late to do anything about it.

  14. #14
    Banned
    LOCAL trifold pamphlet Nov2011c.pdf
    Quote Originally Posted by Bersa View Post
    Some OC advocates carry a brochure that explains OC law in case they are arrested. I think that brochure is on that website that Yale provided.
    Here's a copy of our trifold pamphlet.
    LOCAL trifold pamphlet Nov2011c.pdf
    Last edited by sraacke; November 22nd, 2011 at 03:51 AM.

  15. #15
    On Target 12secHemi's Avatar
    The state boys seem to be more acclimated to the idea of open carry and the rights to do so. It's the city and parish LEO's whose administration may or may not school them as well on the issue. I certainly do not intend to slam any law enforcement agency or officer, this is just my take on things. I guess the thing to do would be to contact your parish sheriff and chief of police directly to see if they're on point and let them know in advance if anyone calls in a MWG that you're one of the good guys. Good posting on the vids thank you.
    Hollowpoints. When you care enough to send the very best.

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  16. #16
    Banned
    Quote Originally Posted by 12secHemi View Post
    The state boys seem to be more acclimated to the idea of open carry and the rights to do so. It's the city and parish LEO's whose administration may or may not school them as well on the issue. I certainly do not intend to slam any law enforcement agency or officer, this is just my take on things. I guess the thing to do would be to contact your parish sheriff and chief of police directly to see if they're on point and let them know in advance if anyone calls in a MWG that you're one of the good guys. Good posting on the vids thank you.
    Hemi, We've worked hard and spent quite a few $$$ to get the word out, specifically to the Local and Parish law enforcement agencies. See my posts in this thread-> http://www.bayoushooter.com/forums/s...-Shreveport-PD and this thread -> http://www.bayoushooter.com/forums/s...s-in-ebr/page2 .

  17. #17
    Marksman

    Premium Member
    I was recently asked to leave a Shreveport Hospital while Open Carrying by the Shreveport PD but they were well aware it was LEGAL to do so BUT the hospital had the right to ask me to leave even though there was nothing to indicate that it was against THEIR POLICY to do so so they very politely asked me to take my gun to my car and escorted me out. No drama, no charges. They gave me a ride to my car at MY request and helped me load my wheelchair. I wasn't asked for any ID.
    Last edited by herohog; October 24th, 2011 at 11:31 AM.

  18. #18
    Saw Bones jguilletjr's Avatar
    Quote Originally Posted by wolfpak382 View Post
    I've heard different people with different "opinions" of the law, I was just wondering if anyone knows what the louisiana law is on carrying a handgun not concealed. I know we have concealed handgun permits but i'm talking about carrying a handgun on you're side in the open without any kind of permit, is it legal in louisiana.
    Yes.

    Call the state police and ask them. They dont bite.
    Si les gens sains d'esprit sont armés, les gens fous feraient moins de tirs
    (If more sane people were armed, the crazy people would get off fewer shots.)

    JSG

  19. #19
    Ray Ray Adams's Avatar
    Perfectly Legal, I've been doing it for years.
    Ray

  20. #20
    Ray Ray Adams's Avatar
    Use common sense. (Only carry where legal)
    Appropriate Wardrobe
    Don't act nervous
    Act as if you are used to carrying one, appear relaxed.
    Don't be adjusting it.
    If asked why you carry it, just respond easy going. In case I need it.
    You will be asked questions, I have been many times. Just be nice
    You are not breaking a law.
    Obey signs
    Most stores like Wal mart, Lowes, etc. has the policy ( whatever the state says.)
    I have educated many people, including Police Officers
    Again, just be nice

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