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Thread: Open Carry Laws - St. Tammany/Slidell

  1. #1
    Banned

    Open Carry Laws - St. Tammany/Slidell

    Can someone answer the following questions for me:

    Does St. Tammany Parish have any laws regarding Open Carry for Firearms?

    Does Slidell have any laws regarding Open Carry for Firearms?

    If the answer is yes to either of the above questions, do these laws supercede LA State Law?

    Many Thanks.

  2. #2
    Banned
    bump

  3. #3
    Instructor
    Site Sponsor
    Bearco's Avatar
    St Tammany does not have any laws against open carry, but you can expect extra attention when carrying here. If the local law was passed prior to July 15th, 1985, then it can overrule state law. You can read about slidell's codes by searching for the word "firearm" here --> http://library.municode.com/index.aspx?clientId=11576

    LA preemption of state law --> http://www.legis.state.la.us/lss/lss.asp?doc=97860
    Defensive Firearms Training and CHP Certification
    www.BearcoTraining.com
    Facebook.com/bearco

  4. #4
    Marksman lamuskrat's Avatar
    I didnt think and parish, city, or other community could userp or prempt
    state law. I thouht state law was FINAL.
    arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property...Horrid mischief would ensue were the law abiding deprived of the use of them.
    - Thomas Paine

  5. #5
    Banned
    Quote Originally Posted by lamuskrat View Post
    I didnt think and parish, city, or other community could userp or prempt
    state law. I thouht state law was FINAL.
    Nope. WE only have partial preemption here in La. There are plenty of pre-1985 laws and gun bans on the books at the city and Parish levels.

  6. #6
    AK-holic CPL_Primeaux's Avatar
    I thought since La was an OC state you could do it anywhere as well. I didnt think a city ordnance would trump state law. Damn thats no good.
    I collect bones.


    **** it... Stop the slow bleed.

    Unite all gun owners at the same time, and party like it's 1776



  7. #7
    Banned
    Quote Originally Posted by CPL_Primeaux View Post
    I thought since La was an OC state you could do it anywhere as well. I didnt think a city ordnance would trump state law. Damn thats no good.
    There are LOTs of places you can not carry, even openly. That's why LOCAL is so adamant about people who come to us asking for advice do their own research in addition to the sites/cites we send them to. We've already had open carriers detained, and at least one in Lafayette, arrested by not knowing the laws/ordinances.
    As important as going to classes like the Combat Focus Shoting the ones Bearco teaches or the Combat Pistol classes Nate has been hosting is the need to do the proper research and learn the laws of where and how you can legally carry. You can be the best Front Site/Thunder Ranch guru in town but if you open carry into a Applebees you are likely to be arrested. Carry into a State run hospital such as Earl K Long or any of it's satellite clinics and see if you don't get the fun of hiring a bondsman. Walk around a BREC park with a gun and see if BRPD or EBRSO doen't take you to jail. Iberville parish has a ban on firearms at all parish wide recreational areas. And so on and so on.
    Last edited by sraacke; June 1st, 2012 at 12:09 PM.

  8. #8
    AK-holic CPL_Primeaux's Avatar
    Shit I went into the Applebees with a buddy a few days ago in Laffy and had no problems. We both had a handgun on our sides. Glad nothin happened. I know a lot of people saw us to . They always do . It really stinks that there are drastic changes from parish to parish and sometimes city to city. Why in the hell cant the state law reign supreme ? It kind of pisses me off. It can be all so confusing and a lot to remember.
    Last edited by CPL_Primeaux; June 1st, 2012 at 12:00 PM.
    I collect bones.


    **** it... Stop the slow bleed.

    Unite all gun owners at the same time, and party like it's 1776



  9. #9
    Banned
    Quote Originally Posted by CPL_Primeaux View Post
    Shit I went into the Applebees with a buddy a few days ago in Laffy and had no problems. We both had a handgun on our sides. Glad nothin happened. I know a lot of people saw us to . They always do . It really stinks that there are drastic changes from parish to parish and sometimes city to city. Why in the hell cant the state law reign supreme ? It kind of pisses me off. It can be all so confusing and a lot to remember.
    State law already says no open carry in a place which serves alcohol for on site consumption.... ie, Applebees. See- RS 14:95.5 - Possession of firearm on premises of alcoholic beverage outlet
    95.5. Possession of firearm on premises of alcoholic beverage outlet

    A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

    B. "Alcoholic beverage outlet" as used herein means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

    C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

    D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

    Acts 1985, No. 765, 1.
    Why do you think LOCAL holds all of it's meetings in places like Shoneys or IHOP. If we could meet at Chillis or TGIFridays we'd be there every month.

  10. #10
    La. CHP Instructor #409

    Gold Member
    JBP55's Avatar
    Parish and City can mirror State laws but some can vary as seen above. The first example shows locations as one would walk, the second is an example of the straight line method but a longer distance and the third example is the straight line method with the same distance as the first example.

    X-----
    -
    X---

    X--------------X

    X----------X

    It did not come out exactly right.
    Last edited by JBP55; June 1st, 2012 at 12:22 PM.

  11. #11
    AK-holic CPL_Primeaux's Avatar
    Good to know. I wont be Fn up like that again! Jeez. I have never been to a LOCAL meet. I will have to try to go to some when I can.
    Last edited by CPL_Primeaux; June 1st, 2012 at 12:37 PM.
    I collect bones.


    **** it... Stop the slow bleed.

    Unite all gun owners at the same time, and party like it's 1776



  12. #12
    Instructor
    Site Sponsor
    Bearco's Avatar
    Quote Originally Posted by CPL_Primeaux View Post
    Good to know. I wont be Fn up like that again! Jeez. I have never been to a LOCAL meet. I will have to try to go to some when I can.
    If you make the choice to OC, then definitely get with LOCAL to get a better understanding of legalities. You should also know that without a CHP, you are not allowed to carry in a firearm free zone; which is 1000 feet in all directions surrounding school property. With as many schools as we have, this blankets many areas.
    Defensive Firearms Training and CHP Certification
    www.BearcoTraining.com
    Facebook.com/bearco

  13. #13
    AK-holic CPL_Primeaux's Avatar
    I dont OC often, most of the time the pistol stays in the truck . Every now and then I throw it on my hip and do something but it never stays on me all day so I am not constantly under the attention of others. I will def hook up with you LOCAL guys soon.

    So let me get this CHP thing correct, make sure I understand right. Say I am driving my tuck past a school and am pulled over. If I dont have my CHP I could face legalities ? Even if its not concealed ?

    I have been wanting to get my CHP mainly because it does help you in court if you ever do have to use your weapon in self defense. I just get mad when I think about how I should be trusted to carry concealed anyway. Hell the ATF says I am good to have it and my state law says OC is legal.. why am I not trusted to conceal? HAving to pay for something I should be trusted with makes me mad. But I will do it when I can because it would help me.
    I collect bones.


    **** it... Stop the slow bleed.

    Unite all gun owners at the same time, and party like it's 1776



  14. #14
    Banned
    oh geeze i figured this would be a pain to figure out....sucks.

    I have my CHP already, but a video of an OC police encounter on youtube got me thinking about OC in LA.

    Thanks for the replies.

    Is there anyone here who teaches classes specific to firearm laws in LA and at Local levels?

  15. #15


    Gold Member
    Hitman's Avatar
    Quote Originally Posted by CPL_Primeaux View Post
    Say I am driving my truck
    *STOP* right there. IN YOUR MOTOR VEHICLE is the key phrase. Being detained(Pulled over by an LEO) you remain in your vehicle. If you are carrying, it's wise to inform the Officer and allow him to direct the situation however he wants to. NO he's not going to tell you to get out and then arrest you for being armed in a Firearm Free Zone when he is who directed you to get out of your Motor Vehicle.

    If he does, start thinking about what color Motorcycle you want.

    When it comes to Justifiable Homicide and most if not all Carry Laws, the laws read the same as if your Motor Vehicle is indeed an extension of your home. Some here HATE that term, not sure why. NOT for everything, but for the most part it does.

    In this case, having a firearm on your side or on your seat, is no different than having it on your side in your home, or on the sofa in your house. Same/Same. You cannot be arrested for having a Firearm in a Firearm Free Zone if it is in your vehicle, or if it is in your vehicle on your person.

    Now if you get a flat, and get out to fix it while OC.ing the case could be made that you were illegally in possession of a firearm b/c you are inside Fire Arm free Zone and outside of your vehicle. Might be assholish, but it could stick with the right assholes pushing it.
    Last edited by Hitman; June 1st, 2012 at 02:22 PM.
    __________________________________________________

    ~Certainly there is no hunting like the hunting of man
    and those who have hunted armed men long enough and liked it,
    never really care for anything else thereafter~ Ernest Hemingway


  16. #16
    AK-holic CPL_Primeaux's Avatar
    Yeah I always tell the officer I have a weapon in the vehicle first thing. I have been wanting a Harley Vrod !!! I think in OD and black . With a little holster on the side to put one of these.

    Rossi 357

    http://cdn5.thefirearmsblog.com/blog...h_hand-tfb.jpg
    I collect bones.


    **** it... Stop the slow bleed.

    Unite all gun owners at the same time, and party like it's 1776



  17. #17


    Gold Member
    Hitman's Avatar
    Well let me expound slightly on the whole 'Extension of your home' phrase.

    It's best to know WHY that phrase came into being and where it's applicable, than to just go on assuming that the phrase is true just b/c someone says it is.

    Catch my drift?

    You should spend some time reading up on our Laws at the link below FOR STARTERS
    http://www.bayoushooter.com/forums/s...of-LA-Gun-Laws
    __________________________________________________

    ~Certainly there is no hunting like the hunting of man
    and those who have hunted armed men long enough and liked it,
    never really care for anything else thereafter~ Ernest Hemingway


  18. #18
    AK-holic CPL_Primeaux's Avatar
    Will do .
    I collect bones.


    **** it... Stop the slow bleed.

    Unite all gun owners at the same time, and party like it's 1776



  19. #19
    XD-GEM

    Premium Member
    XD-GEM's Avatar
    Quote Originally Posted by sraacke View Post
    Nope. WE only have partial preemption here in La. There are plenty of pre-1985 laws and gun bans on the books at the city and Parish levels.
    Which is why it's a crying shame that HB 290 was withdrawn this week. It would have made statewide pre-emption actually mean just that - no grandfathered laws, and it would have provided penalties against any public employee or official who tried to enforce a local law at variance with state law.

    Maybe next time.

  20. #20
    Butthole charlie12's Avatar
    Quote Originally Posted by Hitman View Post
    *STOP* right there. IN YOUR MOTOR VEHICLE is the key phrase. Being detained(Pulled over by an LEO) you remain in your vehicle. If you are carrying, it's wise to inform the Officer and allow him to direct the situation however he wants to. NO he's not going to tell you to get out and then arrest you for being armed in a Firearm Free Zone when he is who directed you to get out of your Motor Vehicle.

    If he does, start thinking about what color Motorcycle you want.

    When it comes to Justifiable Homicide and most if not all Carry Laws, the laws read the same as if your Motor Vehicle is indeed an extension of your home. Some here HATE that term, not sure why. NOT for everything, but for the most part it does.

    In this case, having a firearm on your side or on your seat, is no different than having it on your side in your home, or on the sofa in your house. Same/Same. You cannot be arrested for having a Firearm in a Firearm Free Zone if it is in your vehicle, or if it is in your vehicle on your person.

    Now if you get a flat, and get out to fix it while OC.ing the case could be made that you were illegally in possession of a firearm b/c you are inside Fire Arm free Zone and outside of your vehicle. Might be assholish, but it could stick with the right assholes pushing it.

    Well look at East Baton Rouge Parish law. Doesn't have anything about the gun being in your car like State law does.

    Sec. 13:95. - Illegal carrying of weapons.

    (a)
    Illegal carrying of a weapon is:

    (1)
    The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or

    (2)
    The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or

    (3)
    The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or

    (4)
    The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance; or

    (5)
    The intentional possession or use by any person of a dangerous weapon on a school campus during regular schools hours or on a school bus. "School" means any elementary school, secondary school, high school, or vo-tech school; and "campus " means all facilities and property within the boundary of the school property. "School bus" means any motor bus being used to transport children to and from school or in connection with school activities. The provisions of this paragraph shall not apply to (a) a state or local law enforcement officer in the performance of his official duties, or (b) 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, or (c) any person having the written permission of the principal or school board and engaged in competition or in marksmanship or safety instruction.

    (b)
    Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars ($500.00), or imprisoned for not more than six (6) months, or both. Additionally, the court may order the forfeiture of the weapon in accordance with law.

    (c)
    The provisions of this section except paragraph (4) of subsection (a) shall not apply to sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties or, if not actually discharging official duties, when such sheriffs and their deputies and state and city police are full-time, active, and certified by the council on peace officer standards and training and have on their persons valid identifications as duly commissioned law enforcement officers.

    (City Code 1951, Title 13, 80; Ord. No. 9731, 1, 2, 10-27-93)

    State law reference— Similar provisions, R.S. 14:95.
    ---------------------------------------------------------------------------------------------------
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