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  1. #1
    Newbie

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    Does a BB gun (pistol) count as a concealed weapon law violation in Louisiana?

    I was watching PD Live the other day and West Baton Rouge Sheriffs Department was featured. Gentleman was walking down the road on the shoulder with traffic going his direction (he was not walking against traffic) He had come from the service station (one lot removed) from his hotel. He was stopped on the walking with traffic infraction then asked for ID and "searched and frisked" for the officers safety. He informed them he carried a BB gun while walking (I assume for dogs) and the detective arrested him for the concealed weapon. Is this correct under LA law?
    He had the BB gun in his sweatpants pocket and the shirt tail sometimes covered it. Just curious because it seemed a stretch to me.

  2. #2
    Marksman

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    This is:

    Title 14. Criminal Law
    Chapter 1. Criminal Code

    Part 6. Offenses Affecting the Public Generally Subpart A. Offenses Affecting the Public Safety
    ß Sec. 14:95. Illegal carrying of weapons. A. Illegal carrying of weapons is:
    (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person...

    ... (2) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle, which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

    Also LA RS 14:95

    ß95. Illegal carrying of weapons
    A. Illegal carrying of weapons is:
    (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or
    (2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or
    (3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or
    (4)(a) The intentional concealment on one's person of any switchblade knife, spring knife, or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch, or similar contrivance located on the handle.
    (b) The provisions of this Paragraph shall not apply to the following:
    (i) Any knife that may be opened with one hand by manual pressure applied to the blade or any projection of the blade.
    (ii) Any knife that may be opened by means of inertia produced by the hand, wrist, or other movement, provided the knife has either a detent or other structure that provides resistance that shall be overcome in opening or initiating the opening movement of the blade or a bias or spring load toward the closed position.
    (5)(a) The intentional possession or use by any person of a dangerous weapon on a school campus during regular school hours or on a school bus. "School" means any elementary, secondary, high school, or vo-tech school in this state and "campus" means all facilities and property within the boundary of the school property. "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.....

    B.(1) Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
    (2) Whoever commits the crime of illegal carrying of weapons with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than two years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.


    Sent from my iPhone using Tapatalk

  3. #3
    Donít troll me bro!

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    Well, apparently carrying a BB gun or even a toy gun can get you arrested or even shot dead in some cases. Even a cell phone or wallet can get you shot. It’s all about presentation. If you ask me, he’s lucky he was given the opportunity to inform the arresting officer that it was a BB gun and only had to go to jail. Could have been much worse. Now he at least gets to have his day in court.
    Doesnít play well with TROLLS...

  4. #4
    Marksman

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    Don't believe everything you see on a reality tv show.

  5. #5
    _________

    Premium Member

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    If it can be used as a weapon, yes.

  6. #6
    On Target

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    In simple terms, YES!!

  7. #7
    Newbie

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    Quote Originally Posted by Barry J View Post
    Don't believe everything you see on a reality tv show.
    I don't (believe everything on reality tv shows) PD live goes on when I don't really want to pay attention. This one caught my attention because I used to live in BR and there was a car chase (in the same episode) that started in WBRP (WBRPSO) and drove through streets in the University Lake area (July street) in Baton Rouge. Ended up losing the car they were chasing.

  8. #8
    Newbie

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    Quote Originally Posted by DAVE_M View Post
    If it can be used as a weapon, yes.
    Not calling you out but I would have to question this one because almost anything can be used as a weapon if you know what you are doing. That would mean you could be arrested for keys, pencil, belt, cell phone (glass screen, lithium battery) among many others.

  9. #9
    Newbie

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    Quote Originally Posted by Magdump View Post
    Well, apparently carrying a BB gun or even a toy gun can get you arrested or even shot dead in some cases. Even a cell phone or wallet can get you shot. It’s all about presentation. If you ask me, he’s lucky he was given the opportunity to inform the arresting officer that it was a BB gun and only had to go to jail. Could have been much worse. Now he at least gets to have his day in court.
    Definitely agree with you on this.

  10. #10
    Newbie

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    Thanks

    Thanks for the responses everyone.

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