Open carry questions

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  • Hotdog

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    Oct 30, 2018
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    Hello.

    I'm looking to gather some information regarding the laws of open carry in Louisiana.

    From my understanding, state law permits anyone 17 years of age or greater to legally possess and open carry a handgun. But federal law prohibits the possession of a handgun under the age of 18. In this case, would supremacy clause take place and trump state law?
    Would there be a chance at obtaining a conceal carry permit at the age of 18 or is the age of 21 specifically required with no exceptions?
    Thanks in advance.
     

    kingfhb

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    Mar 28, 2014
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    understand... a minor (under 21 and no younger than 17) can only possess a handgun if it has been GIFTED to them by an immediate family member. When it comes down to it... that family member would have to verify this if ever needed (god forbid) as well as how they obtained the firearm, etc. Or so I understand it to be.

    There are verification procedures as you would guess... I'm sure LE hears "My dad gave it to me" quite often.
     

    DBMJR1

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    I am neither a lawyer, nor did I sleep in a Holiday Inn last night.

    I am not aware of any Federal Law limiting open carry of a firearm by age category.

    I think that Federal Law limits the ownership of a handgun to 18 years of age.

    I think that Louisiana Law requires a letter of permission from a parent of guardian, for any minor below the age of 17 in possession of a handgun.

    By that reasoning, a 15 year old, with a letter of permission, could legally OC a handgun that is the property of his parents.



    That's what I think. I am not saying this is the truth.
     

    kingfhb

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    I am neither a lawyer, nor did I sleep in a Holiday Inn last night.

    I am not aware of any Federal Law limiting open carry of a firearm by age category.

    I think that Federal Law limits the ownership of a handgun to 18 years of age.

    I think that Louisiana Law requires a letter of permission from a parent of guardian, for any minor below the age of 17 in possession of a handgun.

    By that reasoning, a 15 year old, with a letter of permission, could legally OC a handgun that is the property of his parents.



    That's what I think. I am not saying this is the truth.

    Worked in a Gun Store... worked many gun shows...

    As far as FIREARM SALES go... under 21 can NOT purchase a handgun OR AMMO in Louisiana. Federal Law states that any FFL can not sell a HANDGUN or AMMO to anyone under the age of 21. Unlicensed private sales can be done from 18 on up. Long guns are a completely different story.

    Under 21 and not younger than 18 can ONLY possess a handgun if it has been gifted to them by an immediate family member in LOUISIANA. Federal law states no younger than 18 across the board for HANDGUNS... but state law takes precedence and increases the restriction. Again, Long guns are an entirely different story.

    As I said, as I believe it to be... When in doubt... CALL THE SHERIFF's OFFICE or the STATE POLICE and get clarification on STATE LAW.

    Better yet.... I'm not an attorney or a LEO... What do I know? Call the state. lol.
     
    Last edited:

    MisterBunnie

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    I happened to be at my range, when the guy next to me with his 18-year old daughter asked the guy behind the counter this question. His position was that she could own it if it were gifted, but that it could be tricky if she were ever stopped by a LEO with the gun in her possession. There was a state trooper standing there as well, so they asked him what he would do if he were to find an < 21 in possession of a handgun. He stated that she would be taken into custody, and (he supposed), not charged if it were ultimately determined that the gun was a gift.

    Obviously this is a single anecdote -- never take legal advice from the internet.
     

    AustinBR

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    Oct 22, 2012
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    Hello.

    I'm looking to gather some information regarding the laws of open carry in Louisiana.

    From my understanding, state law permits anyone 17 years of age or greater to legally possess and open carry a handgun. But federal law prohibits the possession of a handgun under the age of 18. In this case, would supremacy clause take place and trump state law?
    Would there be a chance at obtaining a conceal carry permit at the age of 18 or is the age of 21 specifically required with no exceptions?
    Thanks in advance.

    Worked in a Gun Store... worked many gun shows...

    As far as FIREARM SALES go... under 21 can NOT purchase a handgun OR AMMO in Louisiana. Federal Law states that any FFL can not sell a HANDGUN or AMMO to anyone under the age of 21. Unlicensed private sales can be done from 18 on up. Long guns are a completely different story.

    Under 21 and not younger than 18 can ONLY possess a handgun if it has been gifted to them by an immediate family member in LOUISIANA. Federal law states no younger than 18 across the board for HANDGUNS... but state law takes precedence and increases the restriction. Again, Long guns are an entirely different story.

    As I said, as I believe it to be... When in doubt... CALL THE SHERIFF's OFFICE or the STATE POLICE and get clarification on STATE LAW.

    Better yet.... I'm not an attorney or a LEO... What do I know? Call the state. lol.

    Good quote. Regarding you concealed carry permit question, it's a hard rule to be 21.

    Regarding 17 year olds carrying pistols: It is technically legal in LA, though 17 year olds walking around open carrying a gun is just not a smart idea. Further on that point, walking around open carrying if you're not active duty LE is not a smart idea, but that is a different rabbit hole.
     

    charlie12

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    Apr 21, 2008
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    Pride
    This might help you

    RS 14:95.8

    §95.8. Illegal possession of a handgun by a juvenile

    A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.

    B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars and imprisoned for not less than ninety days and not more than six months.

    (2) On a second conviction, the offender shall be fined not more than five hundred dollars and imprisoned with or without hard labor for not more than two years.

    (3) On a third or subsequent conviction, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.

    (4) A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not less than five hundred dollars and not more than one thousand dollars and shall be imprisoned with or without hard labor for not less than six months and not more than five years. At least ninety days shall be served without benefit of probation, parole, or suspension of sentence.

    C. The provisions of this Section shall not apply to any person under the age of seventeen years who is:

    (1) Attending a hunter's safety course or a firearms safety course.

    (2) Engaging in practice in the use of a firearm or target shooting at an established range.

    (3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.

    (4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an unloaded gun.

    (5) On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee of the property.

    (6) At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun.

    (7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.

    D. For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the barrel length shall not exceed twelve inches.

    Acts 1999, No. 1218, §1.
     

    andysteb

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    Aug 27, 2017
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    Hahnville, la
    understand... a minor (under 21 and no younger than 17) can only possess a handgun if it has been GIFTED to them by an immediate family member. When it comes down to it... that family member would have to verify this if ever needed (god forbid) as well as how they obtained the firearm, etc. Or so I understand it to be.

    There are verification procedures as you would guess... I'm sure LE hears "My dad gave it to me" quite often.

    I'm not finding anything in the statute that would imply it would have to be gifted to an 18, 19 or 20 year old. However, no one can sell a handgun to a 17 year old, so it would imply it would have to be gifted, inherited, temporary possession, ect..

    Federal
    18 USC § 922(b)(1) unlawful for FFL to sell to individual less than 21
    18 USC § 922(x)(1) unlawful for unlicensed person to sell to juvenile (less than 18)
    18 USC § 922(x)(2) unlawful for a juvenile to possess handgun
    18 USC § 922(x)(3) exceptions

    https://www.atf.gov/questions-and-a...8-and-21-years-age-acquire-handgun-unlicensed

    Louisiana
    R.S. 14:91 Unlawful sales of weapons to minors (less than 18)
    R.S. 14:95.8 Illegal possession of a handgun by a juvenile (less than 17)

    https://www.atf.gov/file/117241/download


    R.S. 40:1379.3 C. (4) Must be 21 for CHP
     

    ozarkpugs

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    Apr 7, 2018
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    US Zanoni mo
    Am I the only one who didn't know handguns had to have barrels not over 12" ? What are single shot TC and bolt actions with over 12 considered now?

    Sent from my Moto E (4) using Tapatalk
     

    Hotdog

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    Oct 30, 2018
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    Baton Rouge
    Thanks to everyone for these quick responses!
    I apologize for my absence. Many things came up and I never got around to checking this forums.

    Anyways, back to the topic.
    So I'm aware of open carry legality in Louisiana alongside of the minimal age requirements. The same goes for possession. A written letter signifying the previously mentioned wouldn't be an issue, nor would proving the "gift" claim. But what keeps me on edge are the supremacy clause matters. If detained by a Federally employed LEO or something along those lines, would you be subject to Federal law and be imprisoned for illegal possession of a firearm due to being only 17 years of age, even though Louisiana permits this? To me, it sounds like a major grey-zone.
     

    talcatcha

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    Sep 23, 2013
    20
    1
    Pearl River, Louisiana
    Exceptions: This general prohibition does not apply if the juvenile is:

    Attending a hunter’s safety course or a firearms safety course;
    Engaging in practice in the use of a firearm or target shooting at an established range;
    Hunting or trapping pursuant to a valid license pursuant to the laws of Louisiana;
    Traveling to or from any of the above activities while in possession of an unloaded gun;
    On real property with the permission of his or her parent or legal guardian and with the permission of the owner or lessee of the property;
    At his or her residence and possesses a handgun with the permission of his or her parent or legal guardian; or
    Possessing a handgun with the written permission of his or her parent or legal guardian, provided that he or she carries on his or her person a copy of such written permission.4
    https://lawcenter.giffords.org/minimum-age-to-purchase-or-possess-firearms-in-louisiana/
     

    georg jetson

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    Apr 19, 2012
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    Thanks to everyone for these quick responses!
    I apologize for my absence. Many things came up and I never got around to checking this forums.

    Anyways, back to the topic.
    So I'm aware of open carry legality in Louisiana alongside of the minimal age requirements. The same goes for possession. A written letter signifying the previously mentioned wouldn't be an issue, nor would proving the "gift" claim. But what keeps me on edge are the supremacy clause matters. If detained by a Federally employed LEO or something along those lines, would you be subject to Federal law and be imprisoned for illegal possession of a firearm due to being only 17 years of age, even though Louisiana permits this? To me, it sounds like a major grey-zone.

    Go here and read. There are exceptions to 922(x).

    https://www.law.cornell.edu/uscode/text/18/922
     
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