open carrier arrested

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  • 340six

    -Global Mod-
    Staff member
    Premium Member
    Rating - 100%
    5   0   0
    Apr 12, 2012
    6,499
    113
    Kenner, La
    So what kind of Holster do you use for carry at ,naked bike ride? Can't use inside waist band with no waist band.. Outside waist band?
     

    CAJUNLAWYER

    crusty old bastard
    Rating - 100%
    4   0   0
    Aug 22, 2010
    129
    16
    Iberia Parish
    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.
    So how much in legal fees do you think it will cost to be the test case here??????
    As an aside, with 37 years of criminal defense practice under my belt and a knowledge of both the 4th circuit and LASC, I'll bet you any amount of money that this law will pass the strict scrutiny test.
     

    MilOperator

    Well-Known Member
    Rating - 100%
    42   0   0
    Apr 16, 2012
    681
    28
    Metairie, LA.
    First off the law is flawed in many ways. First, Sec. 54-342. - Illegal possession of weapons at demonstrations. (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.

    In Louisiana your vehicle is an extension of your home. So the law is flawed, plain and simple.

    Secondly, Since when does a "privilege" off attending a parade (a gathering for for entertainment purposes) supersede the 2nd amendment right to keep and bear arms? Is there "equal justice under the law" or not?

    I don't expect anyone to actually answer the question and most who would would spout off more anti-constitutional legal rhetoric anyway. I am just putting it out there. What we need is laws that don't conflict with the constitution or with each other for that matter.
     

    Bangswitch

    Well-Known Member
    Rating - 100%
    1   0   0
    Jan 10, 2019
    2,221
    38
    a location near you
    First off the law is flawed in many ways. First, Sec. 54-342. - Illegal possession of weapons at demonstrations. (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.

    In Louisiana your vehicle is an extension of your home. So the law is flawed, plain and simple.

    Secondly, Since when does a "privilege" off attending a parade (a gathering for for entertainment purposes) supersede the 2nd amendment right to keep and bear arms? Is there "equal justice under the law" or not?

    I don't expect anyone to actually answer the question and most who would would spout off more anti-constitutional legal rhetoric anyway. I am just putting it out there. What we need is laws that don't conflict with the constitution or with each other for that matter.
    I would love to see that day. I will refer back to the fact we have a SCOTUS being steered center instead of towards the constitution.
     

    MilOperator

    Well-Known Member
    Rating - 100%
    42   0   0
    Apr 16, 2012
    681
    28
    Metairie, LA.
    I would love to see that day. I will refer back to the fact we have a SCOTUS being steered center instead of towards the constitution.

    Yes, even with newly appointed so-called conservative judges they still treat the constitution like it was a historical document rather than the supreme law of the land. Sad.
     

    MilOperator

    Well-Known Member
    Rating - 100%
    42   0   0
    Apr 16, 2012
    681
    28
    Metairie, LA.
    Yep, which is why I moved out to Jefferson over 30 years ago. Now Jefferson is like NOLA east was back then so I will be leaving Louisiana soon. Sad that for a "red" state we have so many left leaning politicians and laws.
     

    JBP55

    La. CHP Instructor #409
    Premium Member
    Rating - 100%
    338   0   0
    Apr 15, 2008
    16,999
    113
    Walker
    So how much in legal fees do you think it will cost to be the test case here??????
    As an aside, with 37 years of criminal defense practice under my belt and a knowledge of both the 4th circuit and LASC, I'll bet you any amount of money that this law will pass the strict scrutiny test.

    Probably more than the "Average" person in Louisiana makes in a year.
     

    DBMJR1

    Madame Mayor's Fiefdom
    Rating - 100%
    23   0   0
    Jul 27, 2008
    2,313
    113
    New Orleans, La.
    We've had a preemption in State Law since the 1970's saying that no municipality can pass a new law infringing on our rights.

    IIRC this New Orleans law was passed in the 1990's.


    If I am correct, it will be overturned on that basis alone.
     

    BayouRat

    Shooter
    Rating - 0%
    0   0   0
    May 21, 2012
    32
    8
    Luling
    Oh, the irony. The piece of sh*! gang banging murderous thugs that have stolen firearms tucked in there pants ghetto style. You know that ones that own the streets of New Orleans as if it were the wild, wild West. They shoot the place up on a seemingly daily basis. Were probably roaming around the French Quarter un-challenged. But the guy open carrying is the threat?
     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,714
    113
    Baton Rouge, LA
    Oh, the irony. The piece of sh*! gang banging murderous thugs that have stolen firearms tucked in there pants ghetto style. You know that ones that own the streets of New Orleans as if it were the wild, wild West. They shoot the place up on a seemingly daily basis. Were probably roaming around the French Quarter un-challenged. But the guy open carrying is the threat?

    Yeah...them lazy SOB's do nothing about the guns in the French Quarter. Well...nothing except this:

    https://nopdnews.com/post/june-2019/nopd-arrests-suspect-for-illegal-gun-possession-in/

    Oh, and this:

    https://nopdnews.com/post/may-2019/arrested-suspect-arrested-for-illegal-possession-o/

    Then there's this:

    https://nopdnews.com/post/may-2019/nopd-arrests-subject-on-illegal-gun-possession-cha/

    And I found this:

    https://nopdnews.com/post/may-2019/nopd-arrests-suspect-for-illegal-firearm-posse-(1)/

    But that's it because they can't arrest someone with out a press release. And it's not like they get a lot of calls for service. So they just lazy.
     

    MOTOR51

    Well-Known Member
    Rating - 100%
    72   0   0
    Dec 23, 2008
    6,342
    113
    here
    Yeah...them lazy SOB's do nothing about the guns in the French Quarter. Well...nothing except this:

    https://nopdnews.com/post/june-2019/nopd-arrests-suspect-for-illegal-gun-possession-in/

    Oh, and this:

    https://nopdnews.com/post/may-2019/arrested-suspect-arrested-for-illegal-possession-o/

    Then there's this:

    https://nopdnews.com/post/may-2019/nopd-arrests-subject-on-illegal-gun-possession-cha/

    And I found this:

    https://nopdnews.com/post/may-2019/nopd-arrests-suspect-for-illegal-firearm-posse-(1)/

    But that's it because they can't arrest someone with out a press release. And it's not like they get a lot of calls for service. So they just lazy.

    You see how this works. Don’t profile the weirdo carrying a rifle and handgun but definitely profile the black guy because of how he’s dressed. You can’t make this **** up.


    Sent from my iPhone using Tapatalk Pro
     

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