Question about a concealed weapon

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    RG43

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    What comes to my mind is "intent" to conceal a firearm.

    I would think this would come into play particularly if the gun is not loaded AND you have cause to carry it concealed in order to transport it safely to/from a location such as a gun range, gun store or your residence to your vehicle. While the law probably doesn't provide for this exception specificly, I would think before a judge and under the right circumstances, you'd probably be able to fairly argue that you were concealing it without any intent to break the law, even though you may have done so from a strictly technical point of view. But it would beg the question, in such a circumstance, why were you caught doing so that it would be questioned? Which would likely mean there was some other circumstance involved than you simply were taking it to/from your vehicle from/to a legal place to possess it. So, in such a situation that you had to answer to a judge or LEO, then your "intent" would likely come into question.
     

    Whitebread

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    I would think this would come into play particularly if the gun is not loaded AND you have cause to carry it concealed in order to transport it safely to/from a location such as a gun range, gun store or your residence to your vehicle. While the law probably doesn't provide for this exception specificly, I would think before a judge and under the right circumstances, you'd probably be able to fairly argue that you were concealing it without any intent to break the law, even though you may have done so from a strictly technical point of view. But it would beg the question, in such a circumstance, why were you caught doing so that it would be questioned? Which would likely mean there was some other circumstance involved than you simply were taking it to/from your vehicle from/to a legal place to possess it. So, in such a situation that you had to answer to a judge or LEO, then your "intent" would likely come into question.

    But you just said it the law doesn't provide for the exception and while I would like to believe every officer and every judge would be fair minded. Evidence has proven otherwise in many cases. If you don't believe me watch the news, maybe not here in the Bayou state but many others.

    https://youtu.be/pZSTu98-Cus
     

    Ronin_Jedi

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    To take this topic a step further, it seems transporting a gun in your luggage - loaded or not, locked with barrel cable or not - at the airport would also be breaking the law. Am I wrong in thinking this?

    Sent from my SM-T713 using Tapatalk
     

    RG43

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    But you just said it the law doesn't provide for the exception and while I would like to believe every officer and every judge would be fair minded. Evidence has proven otherwise in many cases. If you don't believe me watch the news, maybe not here in the Bayou state but many others.

    https://youtu.be/pZSTu98-Cus


    Absolutely, you are at the mercy of a judge, and that has no certain outcome. It's why lawyers always like to settle out of court, they don't like the uncertainty of the courtroom.
     

    dantheman

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    Ok , this has drifted way past my original question . So it appears that you need a CHP to conceal ON YOUR PERSON at any time . If ya'll want to debate range bags and airports , that's cool . Carry on .
     

    Persecutor

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    Correct dantheman. You DO need a permit, or fall under one of the statutory exemptions, to carry a weapon concealed on your person. As for all the other issues raised in this thread... Nearly all of our statutes are imperfect, and are refined through decades of judicial interpretation and amendments.
     

    Whitebread

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    Absolutely, you are at the mercy of a judge, and that has no certain outcome. It's why lawyers always like to settle out of court, they don't like the uncertainty of the courtroom.

    Yeah the thing I like most about these sort of topics, is I get to showcase how stupid we are as a Nation or in this case a State for allowing the hipocracy to continue.
     

    Whitebread

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    Correct dantheman. You DO need a permit, or fall under one of the statutory exemptions, to carry a weapon concealed on your person. As for all the other issues raised in this thread... Nearly all of our statutes are imperfect, and are refined through decades of judicial interpretation and amendments.

    The problem with "imperfect" legislation or bad legislation is it's left up for too loose of interpretation, and that leaves the executive and judicial branches to do what they think is right. Our Judicial system has been packed with moonbat lib-tards. When you have an executive that has axes to grind and activist judges you end up be cases like the baker in Oregon who was severely fined for refusing to bake a cake. But the problem starts with irresponsible legislators writing bad laws or refusing to write good laws.
     
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    John_

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    I had researched this very topic 3 years ago, and came up with the same conclusion. What drove me to research it was when I was selling a firearm in my house to a stranger, and I had my Glock 19 under my T shirt in my waistband, in my house, was it legal? And it is not. Then one rationalizes what if I step out of my house during/after said transaction say while the guy is leaving?
    You think hey it's inside MY house, must be within the law. Negative.

    Better to just carry my firearm in my holster on my waist in the 2 o'clock position in plain sight (non CCW permit holder).
     

    kingfhb

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    Just don't get the lifetime CCP... its a waste... you're still required to re-cert every five years AND you don't get the benefit of not needing to call in the 4473 to the ATF like you do with the 5 year.

    Which brings me to another question... why can someone with a CCP bypass the ATF on a 4473, yet a police officer still needs to do it? Why wouldn't a badge AUTOMATICALLY be considered a CCP (considering they usually are permitted to carry while off duty)? Yet another thing that doesn't make sense (Or another way to make money by forcing LEO's to then go get a CCP).
     

    oleheat

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    So I wonder how many people under normal circumstances have been arrested for illegal carry while bringing a stoked range bag into their house from their vehicle?

    I understand the law- but I also have a hard time believing that would hold up in court in Louisiana. But what do I know. :dogkeke:
     

    Whitebread

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    I had researched this very topic 3 years ago, and came up with the same conclusion. What drove me to research it was when I was selling a firearm in my house to a stranger, and I had my Glock 19 under my T shirt in my waistband, in my house, was it legal? And it is not. Then one rationalizes what if I step out of my house during/after said transaction say while the guy is leaving?
    You think hey it's inside MY house, must be within the law. Negative.

    Better to just carry my firearm in my holster on my waist in the 2 o'clock position in plain sight (non CCW permit holder).


    Or you could order a stock file the form, and conceal your newly manufactured SBR in a shoulder sling, and because we have irresponsible lawmakers its ok.

    This is not legal advice, and should not be treated as such. This is just a cranky ole white man making a point.
     
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    Emperor

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    If the Louisiana CHP law forbids a citizen from concealing a handgun on their person in their own home (and it does), it is f'ng beyond retarded; and should be amended.

    When you think about how stupid some of our laws are; or how convoluted and impractical, think about the word "compromise!" If memory serves me correctly, I remember when our foster parents in the Legislature were debating Louisiana's CHP law. Of course you know which ideological group of morons was against it, so they came up with all these ******** stipulations as a "so-called" compromise. Even though there were plenty of well written CHP laws already in place around the country where the verbiage could be transferred.

    Now we have a CHP law that is one of the stupidest in the country. Case and point; "at" a parade as opposed to "in" a parade. And I must say, I am happy with that verbiage, but it illustrates how stupidly written the law is.

    I can see the debate now:

    Any douchebag anti gun democrat in the Louisiana Legislature: "Well if we are going to let people carry concealed at parades, then we better make sure that no one carries in the parade! We certainly wouldn't want someone on a float to shoot a parade goer for grabbing the stuffed animal away from the woman it was intended for!"

    Any other douchebag anti gun democrat in the Louisiana Legislature: "Yeah! And don't forget those guys trading flowers for kisses! I can see it now, some ugly chick goes to kiss a guy and he gives her the lead instead of a flower!"

    Barbara Norton if she were there at the time: "An, we kan't have no purs'n in da ban blowin away sum wuns wit a gon cuz he fell tretended!"

    Any republican or independent in the Louisiana Legislature that finished high school: :doh:
     

    John_

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    Or you could order a stock file the form, and conceal your newly manufactured SBR in a shoulder sling, and because we have irresponsible lawmakers its ok.

    This is not legal advice, and should not be treated as such. This is just a cranky ole white man making a point.

    So what exactly is your point? It isn't legal until you have your tax stamp documentation in hand from the BATFE.

    https://www.thetruthaboutguns.com/2015/05/jeremy-s/nfa-for-beginners-form-1-to-manufacture-an-nfa-item/

    "As we’ve seen in the whole Sig/SB Tactical pistol brace debacle, *intent* is crucial with the ATF and the NFA. Nothing proves this more than what is referred to as *constructive possession.* Simply put, a violation of the National Firearms Act — in this example, possession of an unregistered NFA item (10 years Federal prison) — doesn’t only happen if you configure an NFA firearm without approval. As far as the ATF is concerned, it happens if you merely possess the parts required to assemble such a firearm prior to Form 1 approval."
     

    SpeedRacer

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    I think you guys are way overthinking this. Intent works both ways. Stop and ask yourself...what is the INTENT of this law? How does it affect ME? Yes, technically it's illegal to carry firearms concealed in a range bag. It's also illegal to carry concealed in your home. So being part of the law-abiding gun community, why aren't we reading stories on BS everyday of upstanding citizens getting arrested at the range? Or cops busting into people's houses to arrest them for concealing a firearm? I'll tell you why...because it's not happening. Unless you are doing something shady, there's no good reason cops should be in your house looking for concealed firearms. Hell, last I heard Louisiana still has sodomy laws on the books. Do they bust down doors of gay couples and haul them to jail? Nope. But when they catch Gary and Steve on the roof of the rest stop going at it in front of the kiddies, that stupid law makes at least a little more sense.

    They haven't fixed the law, because it hasn't caused any problems. If it does cause a problem, then it will get addressed in the courts.
     
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