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  • met7881

    Former Yankee
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    0   0   0
    Feb 26, 2013
    132
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    mandeville,La.
    I heard a news report that a person openly carrying a firearm was arrested because he was within 1000' of a "parade" in new orleans. This 1000' arbitrary limit would not hold up under the strict scrutiny standard. Hopefully this arrest will be challenged. Since when can a constitutional right on public property be subject to a "distance limit". Suppose the legislature passed a law that says within a 1000' of a parade all 4th amendment protections would not apply, or a law that prhohibits free speech within a 1000' of a parade. Lets see where this post goes. Its about time that the change to the LA constitution to strict scrutiny be tested.
     

    noob

    enthusiast
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    41   0   0
    Mar 18, 2008
    4,284
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    New Orleans
    Not sure if it’s a New Orleans thing or a Louisiana law, but I remember when reading the handbook on conceal carry before applying there was a section in there that stated you cannot carry within *x* amount of feet from a permitted event, followed by *i.e. parades, festivals etc*
     

    MOTOR51

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    Dec 23, 2008
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    And why would you open carry a rifle at a permitted parade anyhow. Seems like a few people are trying their hardest to give anti 2A people the momentum they need.


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    noob

    enthusiast
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    41   0   0
    Mar 18, 2008
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    New Orleans
    Wow, They didn't specify the gun on the 9 o'clock news. Open carrying a rifle at a parade, that is a DUMB idea. Might fly in middle of no where LA, but in Orleans? Only people that can get away with that are the thugs....
     

    Trailboss

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    8   0   0
    Apr 2, 2013
    389
    28
    Norwood LA
    And why would you open carry a rifle at a permitted parade anyhow. Seems like a few people are trying their hardest to give anti 2A people the momentum they need.

    Who said it was a rifle? :confused: :dunno:
     

    MOTOR51

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    Who said it was a rifle? :confused: :dunno:

    Me

    a28b3d4dcea979a4cd8a0b83a9b51b28.jpg



    https://www.theadvocate.com/new_orl...cle_afac8c2e-8a64-11e9-b88b-472622fce617.html

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    thperez1972

    ESSAYONS
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    10   0   0
    Dec 28, 2015
    5,710
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    Baton Rouge, LA
    I heard a news report that a person openly carrying a firearm was arrested because he was within 1000' of a "parade" in new orleans. This 1000' arbitrary limit would not hold up under the strict scrutiny standard. Hopefully this arrest will be challenged. Since when can a constitutional right on public property be subject to a "distance limit". Suppose the legislature passed a law that says within a 1000' of a parade all 4th amendment protections would not apply, or a law that prhohibits free speech within a 1000' of a parade. Lets see where this post goes. Its about time that the change to the LA constitution to strict scrutiny be tested.

    It appears you may think this is the first arrest under the New Orleans law. I assure it is not. LA Revised Statute 95.6 sets up an arbitrary 1000' limit around a school within which one cannot open carry while on public property. That law has been in effect since at least the early 90's. It seems to have held up so far.

    Sec. 54-342. - Illegal possession of weapons at demonstrations.
    (a) It shall be unlawful for any person, other than a law enforcement officer, to have in his possession or to have in any vehicle any weapon while participating in or attending a demonstration being held at a public place.
    (b) It shall be unlawful for any person, other than a law enforcement officer, to have in his possession or to have in any vehicle at a point within 1,000 feet of a demonstration at a public place any weapon after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself from the proscribed area until such time as he no longer is in possession of any weapon. This section shall not apply to any person in possession of any weapon in his private dwelling or place of business.
    (c) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
    (1) Demonstration shall mean two or more persons assembled together for the purpose of picketing, speechmaking, marching, holding vigils, or other such form of conduct, which has the effect, intent or propensity to draw a crowd or onlookers.
    (2) Law enforcement officer shall mean any duly appointed and acting federal, state, or local peace officer and any military or militia personnel called out or directed by constituted authority to keep the law and order provided that the law enforcement officer is on duty and present to actively police and control the demonstration and who is assigned this duty by his department or agency.
    (3) Weapons shall mean any pistol, rifle, shotgun or other firearms of any kind whether loaded or unloaded, air rifle, air pistol, knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, baseball bat, ax handle, chains, crowbar, hammer or other club or bludgeon or any other instrumentality, customarily used or intended for probable use as a dangerous weapon.
     

    met7881

    Former Yankee
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    0   0   0
    Feb 26, 2013
    132
    18
    mandeville,La.
    This ordinance or law has not been tested under strict scrutiny yet. It would be hard for the "state" to justify 1000' for public safety.
     

    MOTOR51

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    This ordinance or law has not been tested under strict scrutiny yet. It would be hard for the "state" to justify 1000' for public safety.

    Once the phrase “public safety” is used it’s hard for the state NOT to justify anything.


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    LACamper

    oldbie
    Premium Member
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    4   0   0
    Jun 3, 2007
    8,629
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    Metairie, LA
    Someone I know was involved in the world naked bike ride (NOT me! naked butts and bike seats don't mix!!! ) . The OC guy came there first. He was very reasonable and ended up locking his weapons in one of the security people's cars while he did the ride. The parade organizer was ready to let him keep his weapons for the ride but NOPD brought up the organized event statute. He completed the naked ride, retrieved his weapons and went on his way. On the way home I don't know if he just got too close to the pride parade or went there intentionally to OC protest, but...
     

    Bangswitch

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    1   0   0
    Jan 10, 2019
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    a location near you
    The law is stupid but it is the law. And we live in stupid times. I’m sure the guy got his intended result. While it’s entertaining to watch these goobers on YouTube, it’s bad for our cause. Yes the 2A is a right and yes it said ‘‘shall not be infringed,’’ but we have over 100 years of infringement, and a center guided SCOTUS (which everyone should know by now I object to) to overcome, these sorts of shenanigans make it easier for the other side not harder. We have to find a way to make it harder. These @$$hats in elected and appointed offices don’t see the 2A like most of us here do, and will listen to what may seem like popular opinion and ignore the mandates prescribed in the 2A, and we need to fight this war with the ideals we possess in a manner that doesn’t give the other side weapons to use against us.
     

    machinedrummer

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    2   0   0
    Apr 5, 2010
    3,685
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    Kingwood, Tx
    Wouldn’t that be a something

    Laws are getting out of hand. Another one would be.. what if while watching the naked bike parade a spectator would get naked? Would he or she be breaking a public nudity law or something to that effect? A organized event is happening on Bourbon street and you are shopping on Royal street not even aware of what’s happening one block over. Is it illegal to carry? I look at this as just one more reason to never enter Orleans Parish.
     

    mukwah

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    5   0   0
    Aug 26, 2012
    1,568
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    Shreveport,La
    I see open carry around here all the time. Pistols and revolvers but never seen a long gun open carried. I think I would keep an eye on someone carrying a long gun, especially with a backpack on.

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    Bangswitch

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    Jan 10, 2019
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    Laws are getting out of hand. Another one would be.. what if while watching the naked bike parade a spectator would get naked? Would he or she be breaking a public nudity law or something to that effect? A organized event is happening on Bourbon street and you are shopping on Royal street not even aware of what’s happening one block over. Is it illegal to carry? I look at this as just one more reason to never enter Orleans Parish.

    Same deal with these roving 2A free zones around these politicians. It’s crap but you don’t win the war of public perception by being an idiot. And yes idiot is fair public perception is ‘guns scary’, ‘people holding guns scarier’, ‘people carrying scary black rifles, holy crap pull a fire alarm, call the news, we are all gonna die’. It’s ignorant and sad that sheeple are like that but they are and we need to give them positive experiences to change their minds. Carrying an AR15 to a gay-boy parade ain’t the answer.
     
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    Bangswitch

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    We have to think of the whinny, scared of anything that shoots as dogs. You don’t take dog being trained even for combat to the range and just start shooting over top of it. You work them up to it with less abrasive noises until he’s conditioned to work in a combat environment. Think of toting a ar15 for a liberal whiner as a bill drill over a fresh puppy. Even though it’s just perceived danger it will probably scar the limp wristed whiner for life.
     

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