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

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  • CaVbRef

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    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.
     

    SouthernUnderGod

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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
    § 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

    §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; 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.


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    Magdump

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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.
     

    CaVbRef

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    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.
     

    CaVbRef

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    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.
     

    CaVbRef

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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.

    Definitely agree with you on this.
     

    CaVbRef

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    Thanks

    Thanks for the responses everyone.
     

    DAVE_M

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    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.

    It falls under intent. Concealing a pellet pistol isn’t wise. You can do so and have your day in court to be the shining example if you so choose.

    §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
     

    CaVbRef

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    It falls under intent. Concealing a pellet pistol isn’t wise. You can do so and have your day in court to be the shining example if you so choose.

    Don't have to worry about it as I have a Resident CHP (NC) and a Non-Resident Texas LTC in process. I think the whole thing is a stretch by the Detective but who knows....they (FBI) went after Flynn because they could and not because they should have done so. And a large percentage of the population is okay with that.
     

    DAVE_M

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    Don't have to worry about it as I have a Resident CHP (NC) and a Non-Resident Texas LTC in process. I think the whole thing is a stretch by the Detective but who knows....they (FBI) went after Flynn because they could and not because they should have done so. And a large percentage of the population is okay with that.

    I’m not a conspiracy theorist. I believe people put themselves in a position that results in them being jailed.
     

    Barry J

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    I witnessed a guy get convicted for carrying a concealed weapon for having a brass knuckles in his pocket. It was about 30 years ago. The dumb ass showed up for his trial without a lawyer and with another brass knuckles to show the judge that it was marketed as a paperweight.
     

    thperez1972

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    Don't have to worry about it as I have a Resident CHP (NC) and a Non-Resident Texas LTC in process. I think the whole thing is a stretch by the Detective but who knows....they (FBI) went after Flynn because they could and not because they should have done so. And a large percentage of the population is okay with that.

    It's not that far of a stretch. It wouldn't be reasonable to believe he was carrying it in case someone had set up a target on the way from the hotel to the gas station. It would be more reasonable to believe he was carrying it to be used as either an offensive or defensive weapon.

    I witnessed a guy get convicted for carrying a concealed weapon for having a brass knuckles in his pocket. It was about 30 years ago. The dumb ass showed up for his trial without a lawyer and with another brass knuckles to show the judge that it was marketed as a paperweight.

    About 10 years ago I was sitting in court when I saw a defendant petition the court after his charges had been dropped to recover all the items seized from him during his arrest. According to the defendant, his lawyer had instructed him to list everything that was seized and apparently he did, including the illegal narcotics. The judge remanded him for contempt of court for attempting to possess illegal narcotics. I don't know if that went any further.
     

    AustinBR

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    Don't have to worry about it as I have a Resident CHP (NC) and a Non-Resident Texas LTC in process. I think the whole thing is a stretch by the Detective but who knows....they (FBI) went after Flynn because they could and not because they should have done so. And a large percentage of the population is okay with that.

    Do either of those apply for concealed air pistols? I think the Texas one is a license to carry a firearm. Most concealed carry permits/licenses are only applicable to concealed pistols and not other weapons, such as knives, or air pistols.
     

    Kraut

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    "or other instrumentality customarily used or intended for probable use as a dangerous weapon"

    Since it does not fit the definition of a firearm, this is the part that the arresting officer is going to have to convince a judge on. Not knowing the circumstances of the encounter, I can't offer an opinion as to whether or not that will be met in this case, but the mere presence of a BB pistol will not do. There will have to be some observations or facts to point to in order to demonstrate a BB gun's customary or intended use as a dangerous weapon. I think that will be hard to meet for just walking down the street with it. If I was walking down the street with a BB pistol, I would conceal it rather than walk around with it plainly viewed or carried, as that would be more likely to invite calls from panicky passerby.
     

    thperez1972

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    "or other instrumentality customarily used or intended for probable use as a dangerous weapon"

    Since it does not fit the definition of a firearm, this is the part that the arresting officer is going to have to convince a judge on. Not knowing the circumstances of the encounter, I can't offer an opinion as to whether or not that will be met in this case, but the mere presence of a BB pistol will not do. There will have to be some observations or facts to point to in order to demonstrate a BB gun's customary or intended use as a dangerous weapon. I think that will be hard to meet for just walking down the street with it. If I was walking down the street with a BB pistol, I would conceal it rather than walk around with it plainly viewed or carried, as that would be more likely to invite calls from panicky passerby.

    Not knowing the specifics, I would defer to the arrest being based on the totality of circumstances. If the BB gun was in his backpack, I'd lean towards him transporting it. But, based on the OP, "he informed them he carried a BB gun while walking." That tends to suggest this was not a one time behavior. If he carries it whenever he goes walking, the reasonable conclusion is he's carrying it to use it as a weapon. Based on his sentence, it would be relatively easy to articulate his intention to use it as a dangerous weapon.
     
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