Question about open carry in Louisiana?

[doc ace]

I don't mind open cary... I think as most gun owners do I'm sure, if you can legally own one, you should be able to carry it in the open or concealed.

+1

 

[honestlou]

I was in line at a convenience store one afternoon when I noticed a guy in front of me had a Glock pistol shoved in his front pocket.. It was loose in his front pocket without a holster. I put a little distance between us, nothing happened, not sure what he was up to, however if he was a CCW permit holder (and I doubt he was) he definitely broke the "rule of concealed carry" (in my opinion) and was bordering on the line of disturbing the peace.

Perhaps LA R.S. 40:1382 is the "rule" to which you are referring. Contrary to what others have said in this thread, this section does indeed prohibit negligent carrying of a concealed handgun, and in particular "when it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge" or "displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed".

I would not say that if you reach for an item and your weapon is briefly exposed that you are automatically 'in trouble', but when you carry concealed, your weapon should remain concealed. If a guy has a Glock 'shoved in a front pocket', I could certainly argue that his behavior created a reasonable apprehension that a crime was about to be committed, or a reasonable apprehension that it may discharge.

Carrying a handgun openly in a holster, or concealed in a holster, is different than just sticking it somewhere. Negligence is defined as a breach of a duty of care, and I hope that we all agree that if you carry a handgun it should be carried securely in a holster or a reasonable facsimile thereof.

The entire statute is below:


§1382. Negligent carrying of a concealed handgun

A. Negligent carrying of a concealed handgun is the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun, under the following circumstances:

(1) When it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge.

(2) When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.

B. It shall be within the discretion of the law enforcement officer to issue a summons to a person accused of committing this offense in lieu of making a physical arrest. The seizure of the handgun pending resolution of the offense shall only be discretionary in the instance where the law enforcement officer issues a summons to the person accused. If the law enforcement officer makes a physical arrest of the person accused, the handgun and the person's license to carry such handgun shall be seized.

C. Whoever commits the offense of negligent carrying of a concealed handgun shall be fined not more than five hundred dollars, or imprisoned without hard labor for not more than six months, or both. The adjudicating judge may also order the forfeiture of the handgun and may suspend or revoke any permit or license authorizing the carrying of the handgun.

 

[jmcrawf1]

I was in line at a convenience store one afternoon when I noticed a guy in front of me had a Glock pistol shoved in his front pocket.. It was loose in his front pocket without a holster. I put a little distance between us, nothing happened, not sure what he was up to, however if he was a CCW permit holder (and I doubt he was) he definitely broke the "rule of concealed carry" (in my opinion) and was bordering on the line of disturbing the peace.

How so? Disturbing the peace has specific elements which must be met. Which element does this fit?

 

[charlie12]

How so? Disturbing the peace has specific elements which must be met. Which element does this fit?

Yep I would like to know too. LRS 14:103


§103. Disturbing the peace

A. Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public:

(1) Engaging in a fistic encounter; or

(2) Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty; or

(3) Appearing in an intoxicated condition; or

(4) Engaging in any act in a violent and tumultuous manner by any three or more persons; or

(5) Holding of an unlawful assembly; or

(6) Interruption of any lawful assembly of people; or

(7) Intentionally engaging in any act or any utterance, gesture, or display designed to disrupt a funeral, funeral home viewing, funeral procession, wake, memorial service, or burial of a deceased person.

(8) Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering with access into or from any building or parking lot of a building in which a funeral, wake, memorial service, or burial is being conducted, or any burial plot or the parking lot of the cemetery in which a funeral, wake, memorial service, or burial is being conducted.

B.(1) Whoever commits the crime of disturbing the peace shall be fined not more than one hundred dollars or imprisoned for not more than ninety days, or both.

(2) Whoever commits the crime of disturbing the peace as provided in Paragraphs (A)(7) and (8) of this Section shall be fined not more than one hundred dollars or imprisoned for not more than six months, or both.

Amended by Acts 1960, No. 70, §1; Acts 1963, No. 93, §1; Acts 1968, No. 647, §1; Acts 1979, No. 222, §1; Acts 2006, No. 805, §1.

 

[Peacemaker]

I applied the wrong statute to what I had witnessed. Refer to post #22 honestLou hit the nail on the head.

Thanks honestLou

 

[oldman45]

Personal experience here.

My father never had a LA permit but carried all the time. Never had a problem at all, even in New Orleans where he was a home builder.

Many of my friends and I openly carry when not working. Never a problem and I am in my upper 60s and been doing so since I was a young guy. I also have a permit from LA and carry concealed often. Twice I had to show my permit while carrying concealed. Never been asked anything by LE when carrying openly.

FWIW: A person can carry openly inside a bank in Caddo Parish and can carry concealed in a bank with a state permit but the Parish permit will not allow carry in a bank.

 

[mr.z28]

when you renew your chp choose a better instructor...

 

[dawg23]

I don't see why it's a bad idea or 'stupid' as fore mentioned. It's your right! It may take away an element of surprise if the SHTF scenario panned out in line at a grocery store, but I know that thug walking in to rob the place will reconsider quickly. Why if you aren't issued a CCW permit is it wrong to carry in a professional manner in accordance with the law stupid? I've never understood it. Hadji never had an issue with me open carrying?

Allow me to amend my previous post. Sometimes I type very quickly, and don't choose my words as carefully as I should.

Instead of saying "Open-carry is a dumb idea," I should have said, "Most people who choose to open-carry are dumb."

I hope that clarifies things.

 

[doc ace]

Allow me to amend my previous post. Sometimes I type very quickly, and don't choose my words as carefully as I should.

Instead of saying "Open-carry is a dumb idea," I should have said, "Most people who choose to open-carry are dumb."

I hope that clarifies things.

What evidence do you have to support this notion?

 

[dawg23]

What evidence do you have to support this notion?

I'm sorry. It sounds as if you're still offended, despite my best efforts to clarify my original post.

Perhaps you'd be comforted if I had said "The vast majority of those who open-carry are intellectual adolescents."

 

[mr.z28]

lmao... *grabs popcorn*

 

[doc ace]

Nope, not at all, just curious as to your thought process that brought about this concept.

 

[dirty_sanchez]

It's quite simple if you will just remember these two points:

1. "If you are concealed carry and your weapon flashes or prints and someone sees it you are NOT in trouble for it."

2. Open carry is a dumb idea.

3. .....in my humble opinion

Dirty

 

[Sin-ster]

Nope, not at all, just curious as to your thought process that brought about this concept.

MEM.

/discussion

 

[doc ace]

3. .....in my humble opinion

Dirty

lol Jesus, y'all have not posted any supporting evidence ruling why open carrying is 'stupid' or 'dumb' or the participants are 'stupid' or 'dumb' as well. It's as much as your right to participate in as participating on these open forums. Some citizens do not have the time or money to purchase a concealed permit, and choose to carry in this manner. Comments like these are what lead to stricter gun control and laws. When is the last time you've heard in our news about an OC'er shooting up the Walgreens or the likes? I'd bet my left testicle that if there were an OC'er or two in the crowd in Colorado that body count woul'd have been dramastically lower (although there is no way to prove this).

If you really do have some sort of data or proof that OC'ing and/or the law abiding citizens who participate in it are dumb please feel free to share!

Love, Doc

 

[oldman45]

If I might say this: I have never seen a gangbanger, a robber or other criminal carry openly. For some reason they choose to carry concealed. Therefore those that carry concealed must be criminals.

So now we have a stupid statement for concealed carriers.

If anyone wants to read a very long but excellent essay on open carry, they only need to read: http://www.usacarry.com/forums/open-carry-discussion/7230-open-carry-argument.html

There is more wisdom in that one written post than in most gun forums.

I am not against open carry and do so at times. Admittedly, I was educated past my level of inttelligence but I got my degrees so I cannot be certified as being dumb but I have made some stupid mistakes. What we have is a difference in opinions on carry methods. Neither is always right or always wrong. There are legal advantages for each.

 

[charlie12]

FWIW: A person can carry openly inside a bank in Caddo Parish and can carry concealed in a bank with a state permit but the Parish permit will not allow carry in a bank.

Why can't you CC in a bank in Caddo with a parish permit?

 

[oldman45]

Why can't you CC in a bank in Caddo with a parish permit?

Great question. The sheriff in Caddo Parish has rules for those seeking his permits. One of those rules is NO CONCEALED CARRY IN BANKS. There is not any law against carrying openly in a bank. There is no state law against concealed carry in a bank with a state permit. It is a Parish rule for those with Parish permits.

Each person getting a permit gets a rule sheet and that rule is near the top along with restriction against courthouse carry.

 

[chibajoe]

I'm sorry. It sounds as if you're still offended, despite my best efforts to clarify my original post.

Perhaps you'd be comforted if I had said "The vast majority of those who open-carry are intellectual adolescents."

So, you're saying most cops are intellectual adolescents?

 

[oldman45]

So, you're saying most cops are intellectual adolescents?

You were doing good until that statement. You proved his point now. <g>