I though about this the other day. La law (14:95 (a) (1)) states that it is against the law to intentionally conceal a firearm on one's person. Does this include one's bag, purse, backpack, shopping bag, shopping cart, etc.? The reason I ask, I recently purchased a firearm from Academy. I did all the paperwork in the back, was escorted to the cash register in the front, and paid for the item. The cashier put the firearm (that was in a box) in a shopping bag and sent me on my way (of course after taking my $). The firearm was concealed. It was concealed by the box and by the bag. In TX, for example, there is an exemption to the concealed weapons law that provides for carrying a firearm from a sale to a vehicle, and from a vehicle, to one's home or business, and to and from one's home and vehicle for transportation (if I'm not mistaken). LA, however, only provides exceptions for POST certified individuals and, of course, those who posses a permit to conceal a firearm. But, what about those who aren't exempted, or permitted? Are those people breaking the law when they purchase a firearm at a retail outlet and carry their new firearm, bag and box to their vehicle? This also makes me wonder, where do homeless people store their firearm, legally?
When is a firearm concealed?
- Thread starter Bill Baldwin
- Start date
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Most of this comes down to the cop's decision at the time. At the least, that's what is saving you from sitting there until you post bail, and have to jump through hoops to get charges dropped, or maybe still go to trial, and then work on getting your life back in order after the interruption.
I can easily see a cop and judge saying that a purse is on your person, because the gun's in the purse which is on hand and on your person, so the gun is as well. A purse that's in the passenger seat, or back seat or something, maybe not. But if it's in a purse while carrying it... yea, I'd be hard pressed to say it's not "on your person".
I'm more concerned about the harsh greys in the not-so-black-and-white law, there.
I can easily see a cop and judge saying that a purse is on your person, because the gun's in the purse which is on hand and on your person, so the gun is as well. A purse that's in the passenger seat, or back seat or something, maybe not. But if it's in a purse while carrying it... yea, I'd be hard pressed to say it's not "on your person".
I'm more concerned about the harsh greys in the not-so-black-and-white law, there.
Just because they carried for years doesn't mean much.\
Can't go by what some LEO's & family members do either. I had a girlfriend that was a road deputy at EBRSO that kept a pan of grass under her sofa, another buddy that was head of the Traffic Division that DL had expired 5 years when he had a crash in his unit. and more stories, Just saying
alpinehyperlite
Well-Known Member
Most officers i know consider in a purse concealed.
As far as I've been informed, it boils down to intent (the "intentionally" part). A loaded gun in a purse can reasonably seen as having been "intentionally" placed there for concealment and to have it at the ready for quick use. The unloaded gun in a case in a shopping bag can reasonably be seen as having an intent to transport it safely, not to conceal it for ready use.
or a shopping bag.
Guate_shooter
LA CHP Instructor # 522
BINGO!!!!!!! was your intention to transport it to an X place for it to be saved or used for a "sporting event/hobby" or was it for it to be hidden so that nobody can see it and then used ??????????
I dont usually transport my guns loaded, the mags are loaded but the firearm is not. I carry LOADED guns otherwise they would be good looking hammers.
Similar to "brandishing", was there an intent behind the action or is it just open carried ?????
Guate_shooter
LA CHP Instructor # 522
...but we don't have brandishing laws...
NO but what if I wave my gun at you and call you names, Would that still be considered "open carry" or LRS 14:37 ??????
Was my intent the one to "frighten" you with my actions ..........
But yeah you are 100% correct, by definition we do not have a brandishing law like Texas does.
Pale Horse
one quarter civilized
...but we don't have brandishing laws...
http://www.legis.state.la.us/lss/lss.asp?doc=97460
Look at #2 here.
Pale Horse
one quarter civilized
Well, you said "we don't have brandishing laws" so I pointed that out. Do (or don't do) what you will with the info; I just wanted to make you aware of it.
Technically, (and you know what "technically" means) under LA law, a gun in a gun case, shipping carton, etc. is concealed and illegal to carry without a permit. However, any LEO who arrested anyone for so carrying a gun with no other criminal intent would be cursed by the DA for bothering him with such chicken$#!t.
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