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St. Tammany Parish Ordinances

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    STPHomie

    Well-Known Member
    Rating - 0%
    0   0   0
    May 25, 2015
    154
    18
    Madisonville
    oppsImissed said:
    Not trying to stir the pot but I have a question. What differance does it make? if the sighns say dont carry, well then dont carry. I really dont see the big deal.
    Click to expand...

    The big deal is it is an individual right acknowledged strongly by the Louisiana constitution. "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."
     
    W

    WildBillKelso

    Well-Known Member
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    2   0   0
    Jan 12, 2015
    224
    16
    Northshore/New Orleans
    dixiejarhead said:
    So in short, let them arrest you then sue the **** out of them for false imprisonment.
    Click to expand...

    Or go federal:

    42 U.S.C. § 1983 : US Code - Section 1983: Civil action for deprivation of rights - See more at: http://codes.lp.findlaw.com/uscode/42/21/I/1983#sthash.gBw3qv1J.dpuf

    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. - See more at: http://codes.lp.findlaw.com/uscode/42/21/I/1983#sthash.gBw3qv1J.dpuf

    I moved from parts where this is the only thing municipalities will listen and respond to.
     
    XD-GEM

    XD-GEM

    XD-GEM
    Premium Member
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    7   0   0
    Jun 8, 2008
    2,529
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    New Orleans
    This ordinance, as written, contains a huge problem. While it acknowledges that the State's pre-emption ordinance prohibits the parish from adding restrictions anywhere except in public buildings, the ordinance also prohibits on "properties" - a much broader item, and one in conflict with the state law.

    If passed, it will lead to expensive litigation for someone; and when that part is ruled against, the law may still stay on the books because legislative bodies rarely remove laws that have been struck down - leading to more problems when law enforcement agencies decide to arrest people based on the improper law merely because it's on the books (see the BREC case from not too ong ago).
     
    Last edited:
    DAVE_M

    DAVE_M

    _________
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    32   0   0
    Apr 17, 2009
    8,288
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    ________
    XD-GEM said:
    This ordinance, as written, contains a huge problem. While it acknowledges that the State's pre-emption ordinance prohibits the parish from adding restrictions anywhere except in public buildings, the ordinance also prohibits on "properties" - a much broader item, and one in conflict with the state law.

    If passed, it will lead to expensive litigation for someone; and when that part is ruled against, the law may still stay on the books because legislative bodies rarely remove laws that have been struck down - leading to more problems when law enforcement agencies decide to arrest people based on the improper law merely because it's on the books (see the BREC case from not too ong ago).
    Click to expand...

    I guess I'll stick to State Parks then. I've always wanted to ride the trace, but will gladly stay off of it with these ridiculous ordinances being proposed. Regardless, if the trace sign says no firearms (and is outdated), I'm not going to argue with someone about it, I'll just stay clear of the trace.

    Curious, though, how does a "No Firearms" sign stop people from being on parts of the trace that run on streets? Is it no longer subject to trace regulations?
     
    S

    STPHomie

    Well-Known Member
    Rating - 0%
    0   0   0
    May 25, 2015
    154
    18
    Madisonville
    DAVE_M said:
    I guess I'll stick to State Parks then. I've always wanted to ride the trace, but will gladly stay off of it with these ridiculous ordinances being proposed. Regardless, if the trace sign says no firearms (and is outdated), I'm not going to argue with someone about it, I'll just stay clear of the trace.

    Curious, though, how does a "No Firearms" sign stop people from being on parts of the trace that run on streets? Is it no longer subject to trace regulations?
    Click to expand...

    You could email them at councilmembers@stpgov.org and let them know where you stand.
     
    charlie12

    charlie12

    Not a Fed.
    Rating - 100%
    4   0   0
    Apr 21, 2008
    8,526
    63
    Pride
    XD-GEM said:
    This ordinance, as written, contains a huge problem. While it acknowledges that the State's pre-emption ordinance prohibits the parish from adding restrictions anywhere except in public buildings, the ordinance also prohibits on "properties" - a much broader item, and one in conflict with the state law.

    If passed, it will lead to expensive litigation for someone; and when that part is ruled against, the law may still stay on the books because legislative bodies rarely remove laws that have been struck down - leading to more problems when law enforcement agencies decide to arrest people based on the improper law merely because it's on the books (see the BREC case from not too ong ago).
    Click to expand...

    What was the BREC case?
     
    W

    WildBillKelso

    Well-Known Member
    Rating - 100%
    2   0   0
    Jan 12, 2015
    224
    16
    Northshore/New Orleans
    DAVE_M said:
    I guess I'll stick to State Parks then. I've always wanted to ride the trace, but will gladly stay off of it with these ridiculous ordinances being proposed. Regardless, if the trace sign says no firearms (and is outdated), I'm not going to argue with someone about it, I'll just stay clear of the trace.
    Click to expand...

    STPHomie said:
    You could email them at councilmembers@stpgov.org and let them know where you stand.
    Click to expand...

    These people might also want to know you are avoiding recreating and spending money in St. Tammany Parish due to these regulations. http://sttammanychamber.org/
     
    S

    STPHomie

    Well-Known Member
    Rating - 0%
    0   0   0
    May 25, 2015
    154
    18
    Madisonville
    Here is the agenda. It is item #1 under Ordinances for Introduction.

    http://www2.stpgov.org/agenda/JUNE 2015.1/agenda.html

    TannerBristerWeapons.jpg
     
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