Another reason why I don't do Mardi Gras parades in New Orleans

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  • John_

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    Meh…. I’ve carried in most all of those places…. Conceal means concealed.

    Then why even bother to get the CHP to begin with? Just CC like all the other criminals and thugs in LA. Why spend the time and $200 to even get the CHP if you willfully fail to follow the LSP rules? I mean we got @AustinBR and @thperez1972 both stating right here "no problem CC in businesses who prohibit CC in their public locations". Little recourse, you will be asked/instructed to leave if caught. Flagrant violation of the LSP rules as laid out in their booklet. Both know the businesses who ban CC in their locations but say "go ahead, no problem, see if you get caught". One a moderator here, and perez is a cop.

    From the LSP rule book: "O. The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person."

    Anybody can download the LSP rulebook right here: https://www.lsp.org/services/concealed-handgun-information/laws-rules-and-duties/

    I just don't get it, people here pick and choose which rules or laws they are going to either follow, ascribe to, or enforce. People of authority. I'd be willing to bet a few CHP permitees here carry in schools and other banned places too, other than the above mentioned businesses. They interpret the law (or violate it) as they see fit. Not all but a few no doubt.

    Hopefully Landry will get CC for all citizens in Louisiana passed this year. Then we can all CC legally. Least those who are not prohibited by law, like probation, a domestic order, ect.
     

    John_

    Shooter
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    But there are no significant legal ramifications (in Louisiana) to completely ignoring the signs there...

    On the other hand, carrying at a parade could land you with an illegal carrying of a weapon charge.


    Winner, winner.


    No, you get arrested for being caught carrying a concealed weapon a prohibited (by law) location.
    see above
     

    AustinBR

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    Then why even bother to get the CHP to begin with? Just CC like all the other criminals and thugs in LA. Why spend the time and $200 to even get the CHP if you willfully fail to follow the LSP rules? I mean we got @AustinBR and @thperez1972 both stating right here "no problem CC in businesses who prohibit CC in their public locations". Little recourse, you will be asked/instructed to leave if caught. Flagrant violation of the LSP rules as laid out in their booklet. Both know the businesses who ban CC in their locations but say "go ahead, no problem, see if you get caught". One a moderator here, and perez is a cop.

    From the LSP rule book: "O. The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person."

    Anybody can download the LSP rulebook right here: https://www.lsp.org/services/concealed-handgun-information/laws-rules-and-duties/

    I just don't get it, people here pick and choose which rules or laws they are going to either follow, ascribe to, or enforce. People of authority. I'd be willing to bet a few CHP permitees here carry in schools and other banned places too, other than the above mentioned businesses. They interpret the law (or violate it) as they see fit. Not all but a few no doubt.

    Hopefully Landry will get CC for all citizens in Louisiana passed this year. Then we can all CC legally. Least those who are not prohibited by law, like probation, a domestic order, ect.
    Easy answer here:
    If you have a concealed handgun permit, you can legally carry your firearm concealed in places that are legally not prohibited (such as schools or courthouses).

    The presence of a sign on a private business does not make it illegal for you to carry a firearm there. The only recourse the business has is to simply ask you to leave and to trespass you from their property. You won't get a ticket. You won't go to jail. You didn't break the law. You just have to leave.

    Concealing a handgun ANYWHERE, including a private business, without a permit is a criminal offense that can subject you to arrest, fines, and potential jail time.

    --

    Even if constitutional carry passes in Louisiana, signs will have the same effect that they do for someone with a permit - you can be trespassed.
     

    AustinBR

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    I'd also like to add that the "LSP Rulebook" is not the law. It lays out guidelines. That is the big caveat that I think you are missing here.

    The LSP Rulebook reminds people that they still have to listen to the owner of a private business.

    It's as simple as this:
    If an owner of a business doesn't want people to enter with green shirts, they can prohibit it.
    If an owner of a business doesn't want people to enter with guns, they can prohibit it.

    Permit or no permit, you have to follow the requests of property owners - otherwise you can be asked to leave and if you don't you can get trespassed....for wearing a green shirt or for carrying a concealed weapon.
     

    John_

    Shooter
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    The presence of a sign on a private business does not make it illegal for you to carry a firearm there. The only recourse the business has is to simply ask you to leave and to trespass you from their property. You won't get a ticket. You won't go to jail. You didn't break the law. You just have to leave.
    So you are saying the rules in the LSP CHP Handbook mean nothing? It clearly states the owners or lessees or other custodians of a business can post signs barring CC, and you are to respect that as a CHP holder.
     

    AustinBR

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    So you are saying the rules in the LSP CHP Handbook mean nothing? It clearly states the owners or lessees or other custodians of a business can post signs barring CC, and you are to respect that as a CHP holder.
    That is exactly what I'm saying. In some instances the LSP Handbook references laws on the book. But the whole "you are to respect business wishes" has as much legal force as "you are to respect your mother when in her home" (which, really, is true as your mom could totally trespass you from her house if you don't live there).

    They are telling you that your CHP doesn't trump property owner rights to trespass someone at will.

    I routinely blatantly ignore the signs at Whole Foods. The worst that could happen is they see my concealed pistol and ask me to leave. Maybe they call the cops. Even if they do, I would immediately leave their property and respect their wishes. I wouldn't have violated any law and wouldn't be charged with anything. I would then move on my merry way and never go back there.

    Flip the scenario and you go there and conceal without a permit. They call the cops. Now the cops can arrest you for carrying without a permit (illegal carrying of a firearm) EVEN if you immediately followed the manager's request. You could literally go to jail over this and your day would definitely not be very merry.
     

    thperez1972

    ESSAYONS
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    Then why even bother to get the CHP to begin with? Just CC like all the other criminals and thugs in LA. Why spend the time and $200 to even get the CHP if you willfully fail to follow the LSP rules? I mean we got @AustinBR and @thperez1972 both stating right here "no problem CC in businesses who prohibit CC in their public locations". Little recourse, you will be asked/instructed to leave if caught. Flagrant violation of the LSP rules as laid out in their booklet. Both know the businesses who ban CC in their locations but say "go ahead, no problem, see if you get caught". One a moderator here, and perez is a cop.

    Let's explore this a little deeper.

    Louisiana Administrative Code Title 55 Public Safety
    §1301. Applications and Permits
    E. Suspension/Revocation. The superintendent of state police or his designee may suspend or revoke concealed handgun permits when conditions and/or circumstances are such that the holder of such permit can no longer show need or when the holder commits acts contrary to law or uses the permit for self aggrandizement or in an unreasonable and imprudent manner.

    Louisiana Administrative Code Title 55 Public Safety
    §1309. Permits
    G. The following shall be mandatory grounds for revocation of a permit by the deputy secretary:
    1. The permittee fails to satisfy or maintain any one of the qualification requirements enumerated in the law or these rules.
    2. The permittee violates the provisions of R.S. 40:1379.3(I) or R.S. 40:1382.

    Let's look at those provisions.

    Louisiana Revised Statutes Title 40 Public Health and Safety
    §1379.3. Statewide permits for concealed handguns; application procedures; definitions
    I.(1) No individual to whom a concealed handgun permit is issued or a person carrying a weapon pursuant to R.S. 14:95(M) may carry and conceal such handgun while under the influence of alcohol or a controlled dangerous substance. While a permittee is under the influence of alcohol or a controlled dangerous substance, an otherwise lawful permit is considered automatically suspended and is not valid. A permittee shall be considered under the influence as evidenced by a blood alcohol reading of .05 percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.
    (2) A permittee armed with a handgun in accordance with this Section or a person carrying a weapon pursuant to R.S. 14:95(M) shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer is made aware that an individual is carrying a concealed handgun and the law enforcement officer has reasonable grounds to believe that the individual is under the influence of either alcohol or a controlled dangerous substance, the law enforcement officer may take temporary possession of the handgun and request submission of the individual to a department-certified chemical test for determination of the chemical status of the individual. Whenever a law enforcement officer is made aware that an individual is behaving in a criminally negligent manner as defined under the provisions of this Section, or is negligent in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement officer may seize the handgun, until adjudication by a judge, if the individual is issued a summons or arrested under the provisions of R.S. 40:1382. Failure by the permittee to comply with the provisions of this Paragraph shall result in a six-month automatic suspension of the permit.
    (3) The permit to carry a concealed weapon shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun under any of the following circumstances:
    (a) The blood alcohol reading of a permittee is .05 percent or greater by weight of alcohol in the blood.
    (b) A permittee's blood test or urine test shows the confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.
    (c) A permittee refuses to submit to a department-certified chemical test when requested to do so by a law enforcement officer pursuant to Paragraph (2) of this Subsection.
    (d) An individual is found guilty of negligent carrying of a concealed handgun as provided for in R.S. 40:1382.
    (4) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and he shall be given the opportunity to telephone and request the qualified person to administer such test.
    (5) Whenever a peace officer determines that grounds under this Subsection exist for the revocation of a concealed handgun permit, he shall prepare an affidavit, on a form provided by the Department of Public Safety and Corrections, indicating the reasons for the revocation and all other information regarding the revocation available to the officer. A copy of the peace officer's report relating to the incident shall be attached to the affidavit when submitted to the department.
    (6) No permit shall be suspended or revoked solely upon the basis of an arrest for a violation of R.S. 14:98.1.

    Louisiana Revised Statutes Title 40 Public Health and Safety
    §1382. Negligent carrying of a concealed handgun
    A. Negligent carrying of a concealed handgun is the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun, under the following circumstances:
    (1) When it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge.
    (2) When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.

    So you can have your permit revoked if you break the law. I said, and still maintain, the business owner's sign or wishes do not have the force of law. There is no law I can find that says that is illegal. If I'm mistaken, please point it out and I will stipulate to being wrong.

    Louisiana Revised Statutes Title 40 Public Health and Safety
    §1379.3. Statewide permits for concealed handguns; application procedures; definitions
    N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:
    (1) A law enforcement office, station, or building.
    (2) A detention facility, prison, or jail.
    (3) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.
    (4) A polling place.
    (5) A municipal building or other public building or structure, only if the building or structure is utilized as the meeting place of the governing authority of a political subdivision.
    (6) The state capitol building.
    (7) Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage.
    (8) Any church, synagogue, mosque, or other similar place of worship, eligible for qualification as a tax-exempt organization under 26 U.S.C. 501, unless authorized by the person who has authority over the administration of the church, synagogue, mosque, or other similar place of worship.
    (9) A parade or demonstration for which a permit is issued by a governmental entity.
    (10) Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises.
    (11) Any school, school campus, or school bus as defined in R.S. 14:95.6.
    O. The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person.

    A location whose property owner, lessee, or other lawful custodian wishes to prohibit or restrict access to those persons possessing a concealed handgun is not, according to the statute, a prohibited place. But maybe it's listed in one of the rules.

    Louisiana Administrative Code Title 55 Public Safety
    §1313. Code of Conduct of Permittees
    A. General Provisions
    1. All permittees shall comply with all applicable federal and state laws and regulations.
    2. Any violation of R.S. 40:1379.3 or 40:1382 shall also constitute a violation of these rules.
    3. Each permittee shall meet and maintain all qualifications necessary to possess a concealed handgun permit.
    B. Duties and Responsibilities of the Permittee
    1. A permittee armed with a handgun shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a handgun on his person, submit to a pat down, and allow the officer to temporarily disarm him. Failure to comply with this provision shall result in a six-month automatic suspension of the permit.
    2. A permittee is prohibited from carrying a concealed handgun on his person while under the influence of alcoholic beverages or a controlled dangerous substance as defined in R.S. 40:961 and R.S. 40:964. For purposes of these rules, a permittee shall be considered under the influence as evidenced by a blood alcohol reading of 0.05 grams percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 40:964. When a law enforcement officer is made aware that a permittee is carrying a concealed handgun and the officer has reasonable grounds to believe that the permittee is under the influence of either alcoholic beverages or a controlled dangerous substance as defined in R.S. 40:961 and 40:964, the law enforcement officer may take temporary possession of the handgun and require the permittee to submit to a department-certified chemical test. The law enforcement agency by which such officer is employed shall designate which of the aforesaid tests shall be administered. Failure of the permittee to comply with the provisions of this Section shall result in a six-month automatic suspension of the concealed handgun permit.
    3. Each permittee shall notify the department in writing of any change of address, name, phone number, or other information required in any application, including the effective date of the change, within 30 days of the effective date of the change. All notifications shall be submitted to the Concealed Handgun Permit Unit via certified mail, return receipt requested or via the unit’s public website. Failure to comply with this provision may result in suspension or revocation of the permit.
    4. A permittee shall notify the department of any misdemeanor or felony arrest or issuance of any summons other than a minor traffic violation, but including all arrests for operating a vehicle as defined in R.S. 14:98(A)(1) while under the influence of alcohol or other substances, in this state or any other jurisdiction, within 15 days of the arrest or issuance of the summons. Notice shall be sent via certified mail, return receipt requested to the department’s designee responsible for the issuance of concealed handgun permits and shall include the date of arrest or summons, the arresting or issuing agency, jurisdiction in which the arrest occurred, the specific offense charged, whether the offense is classified as a felony or misdemeanor, the results of any chemical test which may have been administered in conjunction with the arrest or summons, a copy of any citation or summons issued, and any other pertinent information regarding the arrest or summons. Failure to notify the department in accordance with this Section shall result in a 90-day suspension of the permit.
    5. When a permittee ceases to reside within this state, the permit automatically becomes invalid and the permittee shall return the concealed handgun permit to the department within five business days from the date he ceases to reside within this state. Upon receipt of the permit, the permit status shall be changed to “canceled.” A new application shall be completed if the permittee resumes his resident status.
    6. A permittee shall immediately return the concealed handgun permit to the department upon automatic suspension or revocation of the permit. If the permit is under suspension, failure to immediately return the permit to the department may be grounds for revocation.
    7. A permittee shall immediately inform the department in writing of any handgun related accident, discharge, incident, injury, or death involving any permittee. Failure to do so shall be grounds for suspension or revocation of an existing permit or denial of a renewal application.
    8. Upon death of any permittee, the permittee's estate representative shall notify the department and return the concealed handgun permit to the department.
    9. Any permittee or applicant who is subject to any preliminary or permanent injunction in any family or domestic dispute, or any other protective order issued pursuant to law, shall notify the department of the caption of the suit including the suit or proceeding number, the date of the issuance of the injunction or court order, and provide a signed copy of the court's order within three days of the issuance of any such order. Upon the issuance of the injunction or court order, the permit shall be automatically suspended and the department may revoke or deny the permit in accordance with law.

    So I cannot find anywhere where carrying a concealed weapon in a business that wishes to prohibit or restrict it is covered under a law or a rule. Please point out where I may have missed it. If I didn't miss it and it's not here, then any issues you would run into would be from trespassing. Or, more appropriately, for remaining after forbidden.
     

    themcfarland

    tactical hangover
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    It's not uncommon for the DA and the Feds to work together. The DA may drop charges and the Feds will charge someone. It's also not uncommen for the Feds to step in if a DA won't pursue charges.
    This isnt working together, the feds got the money and are not as worried about the elections and WINS>
     

    thperez1972

    ESSAYONS
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    It's not uncommon for the DA and the Feds to work together. The DA may drop charges and the Feds will charge someone. It's also not uncommon for the Feds to step in if a DA won't pursue charges.
    This isnt working together, the feds got the money and are not as worried about the elections and WINS>

    That was address in the last 1/3 of the post you quoted.
     

    themcfarland

    tactical hangover
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    This isnt working together, the feds got the money and are not as worried about the elections and WINS>
    I actually am debating what you say, You indicate they work together.. They actually Don't in most cases.. the feds got the money from congress to fight the GUN violence and have the funds to do it.. plus they dont care about winning elections.. They hardly have a discussion with the local DA prior to anything.. its two separate investigations . Especially when it comes to someone already on paper, clearly they should be violated but DA chooses to ignore that .. The FEDS see a glock switch and want to chase it.. But there is not a conversation per se' that occurs..
     

    thperez1972

    ESSAYONS
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    I actually am debating what you say, You indicate they work together.. They actually Don't in most cases.. the feds got the money from congress to fight the GUN violence and have the funds to do it.. plus they dont care about winning elections.. They hardly have a discussion with the local DA prior to anything.. its two separate investigations . Especially when it comes to someone already on paper, clearly they should be violated but DA chooses to ignore that .. The FEDS see a glock switch and want to chase it.. But there is not a conversation per se' that occurs..

    You said "in most cases." I said it's not uncommon for them to work together. If you would like to debate what I said, please use what I said as a basis for the debate.
     

    foz1359

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    Are you trying to imply that there is no such thing as "gun violence" or "shooters?"

    No such thing in my world because in my world nothing has changed with criminal actions or intentions. Not one single thing.
    Just because you (obviously), your peers and the media they cower to have adopted connecting phrases from a powerful gun control lobby doesn't mean I will. I'll never use the terms "gun violence" or "shooter" because in conversational or journalistic context they serve but a singular purpose.

    Questions and comments that start with the word "So" don't get a reponse. Ever.

    One could quickly dispense with the majority of this obnoxious back and forth banter about the 20,000 or so gun laws if we didn't live in such a limp wristed society. Put the offenders under the jail and feed 'em fish heads. Chain 'em together and dare them not to pick up trash on the roadside. The problem(s) will resolve in short order.
     
    Last edited:

    thperez1972

    ESSAYONS
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    No such thing in my world because in my world nothing has changed with criminal actions or intentions. Not one single thing.
    Just because you (obviously), your peers and the media they cower to have adopted connecting phrases from a powerful gun control lobby doesn't mean I will. I'll never use the terms "gun violence" or "shooter" because in conversational or journalistic context they serve but a singular purpose.

    So what do you call a person who shoots?
     

    John_

    Shooter
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    @thperez1972 Ok, I get it, it is not a violation of LA law. But it is outlined in the LSP Handbook, which is written and supplied to give the CHP holder an outline of what is responsible behavior. And we can clearly see that several CHP holders here on BS do as they please. Their interpretation of right and wrong, and what is permissible, and what they feel they can get away with. I guarantee a few here on BS with a CHP CC wherever, even in the banned places like bars, polling places, schools, parades, ect.
     

    Jstudz220

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    @thperez1972 Ok, I get it, it is not a violation of LA law. But it is outlined in the LSP Handbook, which is written and supplied to give the CHP holder an outline of what is responsible behavior. And we can clearly see that several CHP holders here on BS do as they please. Their interpretation of right and wrong, and what is permissible, and what they feel they can get away with. I guarantee a few here on BS with a CHP CC wherever, even in the banned places like bars, polling places, schools, parades, ect.
    That’s the second time you said that. Are you really just figuring out that some folks are going to carry a firearm regardless of the laws in place?

    Yea I too would be willing to bet some people here carry a firearm to bars, schools, parades, and so on. I bet some members also have blue trucks and others have red cars….
     
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