Carrying a Concealed Weapon At a Parade as a Spectator w/a Concealed Handgun Permit

[CCW]

I know this has been discussed before. I have not seen anything in writing from anyone in a position of authority. Below is an email thread between the Concealed Handgun Unit of the Louisiana State Police and me.

The answer from the LSP is "The permit does not prohibit a person from carrying while being a spectator."

It does not appear that the City of New Orleans/New Orleans Police Department agree with this statement. I am still waiting for a 2nd reply from the New Orleans City Attorney to the same question I posed to the LSP. The first reply did not specifically answer the question.

His response was "Thank you. I do not see where the statute distinguishes between attending and participating?" That statement would be in conflict with the LSP statement. According to news reports from the New Orleans area, people with concealed handguns at parades in New Orleans will be arrested, whether or not they have a permit. Not sure how to get this resolved. I'll post any further answers I receive.

From: Wyndie.Chifici@dps.la.gov [mailto:Wyndie.Chifici@dps.la.gov] On Behalf Of concealed.handguns@dps.state.la.us
Sent: Friday, February 01, 2013 9:28 AM
To: XXXXXX
Subject: Re: Louisiana Concealed Handgun Permit as it relates to Parades


The permit does not prohibit a person from carrying while being a spectator.


01/28/2013 03:50 PM
To <concealed.handguns@dps.state.la.us>
cc
Subject Louisiana Concealed Handgun Permit as it relates to Parades

I have a question concerning the Louisiana Concealed Handgun Permit as it
relates to a parade that requires a permit, such as a Mardi Gras parade. I
understand that the concealed handgun permit does not authorize anyone to
carry a concealed handgun while participating "in" a parade. The question
that I would like clarified is whether or not the concealed handgun permit
authorizes a permittee to carry a concealed handgun while attending a parade
as a spectator?

Please feel free to contact me if you have any questions necessary to
clarify the question that I am asking.

Thank you in advance for your response.

 

[Pas Tout La]

And last weekend when I was in New Orleans, I made sure to stay away from the parade because I was CC. Some may not agree, but concealed is concealed. If they are unaware that I am carrying, there is no problem. If for some reason I were arrested, I have "strict scrutiny" on my side. If "Lil' D-Andre Gangbanger" next to me is carrying, you best believe I will as well.

 

[SVTFreak]

Unfortunately, the only way this will be 100% cleared up will be for someone to test it in court for precedent. They could call LSP as witness but that doesn't guarantee the judge will interpret it the same way.

 

[GunAddict]

There is a possibility of 17 people to fight it in court. According to nopd there have been 17 people arrested so far this year for ccw withing a 1000 feet of a parade. And they say it is against state law and a felony. Some may have had a permit, but it does not say.
So far this year, New Orleans police have arrested 17 people for carrying a gun within a 1,000 feet of a Carnival parade. One of those happened just this past weekend: police arrested Carlos Williams, 22, after they found him carrying a handgun as a parade rolled Uptown on Saturday night.
According to state law, that is a felony. However, two days later, the Orleans Parish District Attorney's Office struck a deal with Williams, who pleaded guilty to a misdemeanor and was sentenced to nearly six months in jail.

http://www.wwltv.com/news/Arrests-f...cing-last-two-Carnival-seasons-189093911.html

 

[Xenon]

Don't get caught... I hear OPP is pretty rough this time o'year

 

[Gus McCrae]

Doesn't mean you won't get a ride to the station......

 

[aroundlsu]

According to state law, that is a felony.

Why is it a felony? The charge I am aware of is a misdemeanor for first offense:

"Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both."

However, as has clearly been seen, NOPD plays by their own laws during a normal time of the year. During Mardi Gras, they take it to another level entirely. There is no way I am going to Mardi Gras in New Orleans regardless of laws or who I have on my side.

 

[JBP55]

Avoid The Chocolate City.

 

[oleheat]

Oh, they'll have to catch me first.























No, not carrying concealed- going to a Mardi Gras parade.

 

[kcinnick]

NOPD is full of ****. It is not illegal to attend a parade while carrying with a permit and any attempt to being arrested for legally carrying a firearm should be met with lawful resistance.

You basically have given up your right to resist unlawful arrest by having a CHP. You agree that you will allow the police to disarm you if you are being detained. The only way to get around would be if you ask them "Why am I being detained? I have a concealed handgun Permit." before allowing them to disarm you. If the only reason at that point is due to you having a CHP then for them to detain you wouldn't be legal and you could then resist unlawful arrest... Good luck with that.

Best bet would be a highly publicized legal defense, if possible to get the right lawyers and publicists. You would need Gun organization backing or lots of money. I would hope some of the Pro 2A lawyers, the NRA and others would step up in support for a CHP holder.

You have to be pretty stupid to plea to 6 months in jail for lawful carrying of a firearm, I would imagine the person in the article didn't have a permit.

 

[aroundlsu]

Resisting unlawful arrest in New Orleans after admitting you have a handgun is going to result in either a taser shot to your chest, a bullet to your chest, or a club across your face. Those are the only three possible outcomes.

 

[GunAddict]

Why is it a felony? The charge I am aware of is a misdemeanor for first offense:

"Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both."

However, as has clearly been seen, NOPD plays by their own laws during a normal time of the year. During Mardi Gras, they take it to another level entirely. There is no way I am going to Mardi Gras in New Orleans regardless of laws or who I have on my side.

That's not me saying it is a felony, it's nopd(not our problem dude).....their city and their rules and they can have it.

 

[kcinnick]

Resisting unlawful arrest in New Orleans after admitting you have a handgun is going to result in either a taser shot to your chest, a bullet to your chest, or a club across your face. Those are the only three possible outcomes.

Yeah, that's why I said "Good luck with that"

 

[aroundlsu]

The only way to get around would be if you ask them "Why am I being detained? I have a concealed handgun Permit." before allowing them to disarm you.

I am not sure how many times you have been on that end of the conversation, but I have been a few times. It doesn't really work like that. No police officer who is intent on detaining you is going to stand around and answer your questions. Their first and only priority is to secure your body no matter what. After they have the cuffs on you and your weapon secured then they might decide to talk to you. The one real time I have been on the very wrong end of that conversation I had about three seconds to very carefully retrieve my permit and hold it high in the air. Conversation wasn't an option.

Edit: I understand you aren't really being totally serious.

 

[Emperor]

The NOPD cannot supercede state law unless there is a specific ordinance prohibiting CC at a parade in "their" jurisdiction. Now, that being said; a permit is issued by a government entity for those parades.

I have railed against the vagueness of this dumb **** before but was shouted down on here because everyone was happy with the way things are. Here again, is a picture perfect example of why this needs to be more concise.

This shouldn't be left to some guy's interpretation in the field.

 

[kcinnick]

Edit: I understand you aren't really being totally serious.

Yeah, but it shouldn't be that way. I have been around cops a lot, and 99% of the time they don't use cuffs, they use verbal commands. If a cop is preventing you from leaving, you are being detained. I have been detained twice while carrying a firearm, I was never asked to remove my weapon, and one time they didn't even want to see my CHP. Now this never happened in New Orleans either, I carry a PF9 in New Orleans and I make sure it is not going to be seen. It is the only place I carry my PF9 any longer, usually I carry a nicer gun, but my PF9 goes bang every time I use it, I wouldn't be too upset if I didn't have it for a while, and I can conceal it VERY well.

I won't be caught in New Orleans for Mardi Gras, I could go with out smelling and standing in ****, booze and other bodily fluids.

 

[CCW]

I did not post this thread to start any arguments. I understand "concealed means concealed." My purpose was to get an answer from the authorities in NOLA. I do not like the idea that someone with a permit would be arrested in NOLA because they are exercising the "privileges" of their concealed handgun permit. It is hard for me to believe if someone with a permit were arrested for carrying a concealed handgun, that they would plead guilty and agree to serve 6 months in jail. I could be wrong.

I still hope to get a clear answer from the authorities in NOLA. That would solve many problems. There are good people who live, work and spend time in NOLA. They have every right to have this question clarified. Staying away is not always a viable option. I guess the sage continues.

 

[DS727]

I am just as afraid of the NOPD as I am thugs in Chocolate City.

 

[Emperor]

I did not post this thread to start any arguments. I understand "concealed means concealed." My purpose was to get an answer from the authorities in NOLA. I do not like the idea that someone with a permit would be arrested in NOLA because they are exercising the "privileges" of their concealed handgun permit. It is hard for me to believe if someone with a permit were arrested for carrying a concealed handgun, that they would plead guilty and agree to serve 6 months in jail. I could be wrong.

I still hope to get a clear answer from the authorities in NOLA. That would solve many problems. There are good people who live, work and spend time in NOLA. They have every right to have this question clarified. Staying away is not always a viable option. I guess the sage continues.

Just keep in mind; the DA in New Orleans appears to be an opponent to gun rights for individuals!

 

[CCW]

I understand. The DA in NOLA was probably the most vocal opponent of the constitutional amendment concerning "strict scrutiny". If any charges get to the DA's office, it seems apparent that they would prosecute people with a permit. If the arrest never takes place, the prosecution cannot occur. This is a strong reason to have it clarified before someone becomes a court case.