HB 200: Repeals the prohibition on ... certain knives and similar instruments

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  • mukwah

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    OK, LEO's, help me out here. How are you notified of the law change and it's effective date? Just curious.

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    mukwah

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    Just got this from Knife Rights:
    b4c565fc09e7b09be46bf8286e0f79e4.jpg


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    Gerberman

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    Based on the reading of the new law, you would have to have it visible in some manner. Clipped to a pocket the only way? Can't carry in purse or backpack etc... ?
     

    SVTFreak

    Huh?
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    Galvez
    Based on the reading of the new law, you would have to have it visible in some manner. Clipped to a pocket the only way? Can't carry in purse or backpack etc... ?

    At minimum. You can’t intentionally conceal it. Logic would say clipped in pocket isn’t intentionally concealed? Unfortunately, a court case will probably be needed to fully interpret it
     

    SVTFreak

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    Copying this from a dude posted over on blade forums. Does anyone know the case that firearm concealment was tried and judged in Louisiana? If so, that would provide some case law precedent and make it a little less grey.

    ———————————

    While it is not defined in the statute, there is court precedent dealing with firearms concealment. The courts in Louisiana have essentially said that if you can see any part of the firearm, including just the holster, then it’s not concealed. Assuming the courts are consistent, if any part of the knife is visible then it’s not “concealed.” So, in the case of a clip showing, that wouldn't be concealed. In the case of the auto being full concealed inside your pocket, that would be prohibited, as one would normally expect. If there is any gray area, I suppose it might be if the auto was carried fully within your pocket, but was also clearly printing on the outside. <shrug> Just don't do that to become a test case, would be our suggestion. Moreover, this phrasing also allows for instances where a knife is inadvertently concealed temporarily with no "intention" to carry it concealed. That is problematic in some jurisdictions, but will not be in Louisiana.
     

    mukwah

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    I think Louisiana LEO's probably could care less unless you have already done something wrong and this would be an added charge.

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    leadslinger972

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    I think Louisiana LEO's probably could care less unless you have already done something wrong and this would be an added charge.

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    I've stated it before, but I've asked multiple veteran LEO and they've all stated that if you have a CHP, you should have a gun. The last thing they care about is a pocket knife.
     

    Gerberman

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    That is what most case law seems to show. Most have gotten popped when doing something else and get the "bonus charge".
     

    krotsman

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    Sooooo, since mass media common sense dictates that stricter weapons laws result in fewer deaths/attacks/incidents related to the illegal use of the regulated weapons, we should be ready for an uptick in switchblade related deaths/attacks/incidents because of this bill, correct?

    As we move forward, please post news stories you come across related to the imminent auto knife armageddon.
     

    JoeLiberty

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    Copying this from a dude posted over on blade forums. Does anyone know the case that firearm concealment was tried and judged in Louisiana? If so, that would provide some case law precedent and make it a little less grey.

    ———————————

    While it is not defined in the statute, there is court precedent dealing with firearms concealment. The courts in Louisiana have essentially said that if you can see any part of the firearm, including just the holster, then it’s not concealed. Assuming the courts are consistent, if any part of the knife is visible then it’s not “concealed.” So, in the case of a clip showing, that wouldn't be concealed. In the case of the auto being full concealed inside your pocket, that would be prohibited, as one would normally expect. If there is any gray area, I suppose it might be if the auto was carried fully within your pocket, but was also clearly printing on the outside. <shrug> Just don't do that to become a test case, would be our suggestion. Moreover, this phrasing also allows for instances where a knife is inadvertently concealed temporarily with no "intention" to carry it concealed. That is problematic in some jurisdictions, but will not be in Louisiana.

    LA vs Fluker

    https://scholar.google.com/scholar_...ker+311+So.+2d+863&hl=en&as_sdt=2,37&as_vis=1

    Guy got arrested for concealed carry of a weapon, a handgun, which was in a holster on his belt. LA Supreme Court overturned the ruling. Luckily, much of the language in the law and ruling is not specific to handguns, so yes, this port over nicely.

    TLDR, a weapon "if it is sufficiently exposed to reveal its identity." is not concealed under LA law.

    My takeaway is that a switchblade with a deep carry clip, may not meet this standard, but a regular clip might.
     
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