Calcasieu Parish Sheriff on Open Carry

[STPHomie]

Calcasieu Parish Sheriff Tony Mancuso seems misinformed (or dishonest) about open carry.

http://www.fox8live.com/story/29645...pen-carry-law-but-there-are-some-restrictions

After the shooting in Lafayette, along with recent tragedies in Charleston and Chattanooga, some people are asking about gun control and gun ownership. So what are the gun laws in Louisiana?

"There are some restrictions, even though yes, technically, it's legal, there are a lot of restrictions in a lot of places," said Calcasieu Parish Sheriff Tony Mancuso.

Open carry is the law of the land in Louisiana but there's still restrictions when it comes to owning and carrying a gun.

"Even though you have the right to carry an open weapon gun, if the police decide to stop you and check your ID and make sure that you're not a convicted felon and legally possess that gun, they have the right to do that," he said . . .

 

[dk.easterly]

There's been a debate going on the LOCAL facebook group about this.

It is illegal for an officer to stop you simply for OC, period.

 

[geoney]

True

 

[CavalryJim]

Dude seriously, in reality, a leo can stop you for anything. If you are driving, they can say you were swerving. If you are walking, they can say there was a curious buldge.

 

[US Infidel]

Dude seriously, in reality, a leo can stop you for anything. If you are driving, they can say you were swerving. If you are walking, they can say there was a curious buldge.

Really? For ANYTHING?? Maybe illegally and if they lie as in your example of swerving. They CAN NOT stop you for just because they feel like it.

 

[DAVE_M]

Here we go again...

I'm going to be that guy and advocate getting a CHP and quality training.

 

[mike84z28]

Im 53 and been driving since i am 15, never been stopped for "ANYTHING". I have been stopped though !! Dam speed limit !

 

[Emperor]

Here we go again...

I'm going to be that guy and advocate getting a CHP and quality training.

Here is why this matters: Open Carry, whether one agrees with it or not, is the freest form of the 2nd Amendment here in Louisiana. Cost nothing, doesn't require excessive sensitive personal info be furnished, doesn't require permission from somebody in LE or government, doesn't require you be fingerprinted like a criminal, doesn't cost money (except the personal choices for your rig), doesn't require a background check, et al.

The CC process has those of us that are in, basically held hostage. We worry about losing our permission slips too. Can the dummies in the Legislature change the open carry law it if they wanted, sure; but that would not nearly be as easy as them tweaking the CC process.

I, as a gun owner and a freedomist, would never advocate or support the dissolution of Open Carry laws here regardless of the practicality or not. As a matter of fact I actually feel more comfortable knowing that I could always fall back on OC if I had to or, heaven forbid, was forced to.

 

[LACamper]

^^^^ +1

(hmmm... I'm agreeing with Emperor...)

I have stupidly waited too long to renew my permit and ended up without one for a couple of weeks. It was nice to know i had the OC option (which I did a few times). I've also OC'd in certain neighborhoods where I felt my daily CCW wasn't enough and wanted a bit more firepower and wanted it visible (I haven't pulled the 870 out the truck yet, but I've been tempted!). Doesn't mean I want to OC all the time though.

 

[DAVE_M]

Here is why this matters: Open Carry, whether one agrees with it or not, is the freest form of the 2nd Amendment here in Louisiana. Cost nothing, doesn't require excessive sensitive personal info be furnished, doesn't require permission from somebody in LE or government, doesn't require you be fingerprinted like a criminal, doesn't cost money (except the personal choices for your rig), doesn't require a background check, et al.

The CC process has those of us that are in, basically held hostage. We worry about losing our permission slips too. Can the dummies in the Legislature change the open carry law it if they wanted, sure; but that would not nearly be as easy as them tweaking the CC process.

I, as a gun owner and a freedomist, would never advocate or support the dissolution of Open Carry laws here regardless of the practicality or not. As a matter of fact I actually feel more comfortable knowing that I could always fall back on OC if I had to or, heaven forbid, was forced to.

I'm not disagreeing with you. I was simply pointing out that this will turn into another "The cops can't tell me what to do!" thread. I'm all for anyone wanting to Open Carry, for self defense; but I shake my head at Joe Blow carrying his SKS into the local burrito shop. If you're carrying a pistol in a decent holster, you probably won't get stopped. If you're carrying a Saiga with a drum, slung over your shoulder, you will probably get weird looks and you most probably will get stopped. I'm not questioning the legality of the officer stopping you, I'm questioning the practicality of open carrying a 3-gun rig.

Practical or Impractical, concealed carry has one thing that open carry can't achieve... concealment. Whatever someone's reason for not wanting to get a CHP, I don't care, it's their choice. IMO, I'm not concerned with giving the state my fingerprints, they already have them for other certifications/permits. I've met plenty of people that open carry daily and have no issues, but they also aren't the recent dumb dumb loading his shotgun in Wally World.

 

[sliguns]

Here is why this matters: Open Carry, whether one agrees with it or not, is the freest form of the 2nd Amendment here in Louisiana. Cost nothing, doesn't require excessive sensitive personal info be furnished, doesn't require permission from somebody in LE or government, doesn't require you be fingerprinted like a criminal, doesn't cost money (except the personal choices for your rig), doesn't require a background check, et al.

The CC process has those of us that are in, basically held hostage. We worry about losing our permission slips too. Can the dummies in the Legislature change the open carry law it if they wanted, sure; but that would not nearly be as easy as them tweaking the CC process.

I, as a gun owner and a freedomist, would never advocate or support the dissolution of Open Carry laws here regardless of the practicality or not. As a matter of fact I actually feel more comfortable knowing that I could always fall back on OC if I had to or, heaven forbid, was forced to.

I wonder if this Sheriff's office needs to receive a few polite phone calls and emails.

 

[Emperor]

I'm not disagreeing with you. I was simply pointing out that this will turn into another "The cops can't tell me what to do!" thread. I'm all for anyone wanting to Open Carry, for self defense; but I shake my head at Joe Blow carrying his SKS into the local burrito shop. If you're carrying a pistol in a decent holster, you probably won't get stopped. If you're carrying a Saiga with a drum, slung over your shoulder, you will probably get weird looks and you most probably will get stopped. I'm not questioning the legality of the officer stopping you, I'm questioning the practicality of open carrying a 3-gun rig.

Practical or Impractical, concealed carry has one thing that open carry can't achieve... concealment. Whatever someone's reason for not wanting to get a CHP, I don't care, it's their choice. IMO, I'm not concerned with giving the state my fingerprints, they already have them for other certifications/permits. I've met plenty of people that open carry daily and have no issues, but they also aren't the recent dumb dumb loading his shotgun in Wally World.

I hear ya!

FWIW: There should be no reason, except for very, and I mean very few exceptions, that the government; federal, state, or municipal needs my fingerprints UNLESS I have committed a crime! And further, since being arrested does not constitute guilt, I have a problem with them taking them then too.

Now, that stated; you get convicted! You get printed, pictured, filmed, cavity searched, etc. And I don't even have a problem with them taking your DNA swab if the felony conviction warrants it. I don't even care if they take an ink blotter to your a$$hole for a starfish print after you are convicted of a felony!

 

[DAVE_M]

I hear ya!

FWIW: There should be no reason, except for very, and I mean very few exceptions, that the government; federal, state, or municipal needs my fingerprints UNLESS I have committed a crime! And further, since being arrested does not constitute guilt, I have a problem with them taking them then too.

Now, that stated; you get convicted! You get printed, pictured, filmed, cavity searched, etc. And I don't even have a problem with them taking your DNA swab if the felony conviction warrants it. I don't even care if they take an ink blotter to your a$$hole for a starfish print after you are convicted of a felony!

Well, I can see why they "need" your fingerprints for a TWIC card, but it's really limited to if you get scanned at a location. If you don't have/need a TWIC card, I can't think of anything else they would need/want your prints for.

 

[VeedUp]

Here is why this matters: Open Carry, whether one agrees with it or not, is the freest form of the 2nd Amendment here in Louisiana. Cost nothing, doesn't require excessive sensitive personal info be furnished, doesn't require permission from somebody in LE or government, doesn't require you be fingerprinted like a criminal, doesn't cost money (except the personal choices for your rig), doesn't require a background check, et al.

The CC process has those of us that are in, basically held hostage. We worry about losing our permission slips too. Can the dummies in the Legislature change the open carry law it if they wanted, sure; but that would not nearly be as easy as them tweaking the CC process.

I, as a gun owner and a freedomist, would never advocate or support the dissolution of Open Carry laws here regardless of the practicality or not. As a matter of fact I actually feel more comfortable knowing that I could always fall back on OC if I had to or, heaven forbid, was forced to.

I agree

 

[kingfhb]

Louisiana Code of Criminal Procedure 215.1 – Temporary questioning of persons in public places; frisk and search for weapons


Current as of: 2014

Art. 215.1. Temporary questioning of persons in public places; frisk and search for weapons

A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.

B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.

C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.

D. During detention of an alleged violator of any provision of the motor vehicle laws of this state, an officer may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 32 or Title 47 of the Louisiana Revised Statutes of 1950.

Added by Acts 1968, No. 305, §1. Amended by Acts 1982, No. 686, §1; Acts 1983, 1st Ex. Sess., No. 32, §1; Acts 1997, No. 759, §3, eff. July 10, 1997.

 

[dk.easterly]

Again, long story short;

An officer may not legally harass you for open carrying a firearm.

Period.

 

[Emperor]

Louisiana Code of Criminal Procedure 215.1 – Temporary questioning of persons in public places; frisk and search for weapons


Current as of: 2014

Art. 215.1. Temporary questioning of persons in public places; frisk and search for weapons

A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.

B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.

C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.

D. During detention of an alleged violator of any provision of the motor vehicle laws of this state, an officer may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 32 or Title 47 of the Louisiana Revised Statutes of 1950.

Added by Acts 1968, No. 305, §1. Amended by Acts 1982, No. 686, §1; Acts 1983, 1st Ex. Sess., No. 32, §1; Acts 1997, No. 759, §3, eff. July 10, 1997.

Considering the Supreme Court has ruled on numerous occasions that a state cannot require a person to have a license to move about freely on American roads; and driving is no different; I would bet all this^ is unconstitutional too!

 

[kingfhb]

Again, long story short;

An officer may not legally harass you for open carrying a firearm.

Period.

That all depends on how crafty the officer is and how much paperwork they want to do.

They could EASILY say that you appeared to be intoxicated in public and THAT's why they stopped you. They could easily say that the tint on the windows of your car impaired their ability to see if you were wearing a seatbelt or not, they could say that they received complaints that you were brandishing the weapon and threatening people with it from an anonymous caller.

Believe be, if they want to, they can find a reason. In the military, there were a few UCMJ articles that were "Catch All's" if something you did fell outside the lines of something they wanted to charge you with. All the officer has to do is come up with a reason to "Reasonably Suspect" that you're MAY commit a crime. It doesn't matter what the reason... as long as it makes his case.

And an officer walking up to you while you're in a public place to ask you a question isn't harassment unless they don't have a REASONABLE SUSPICION. You have the burden of proving them wrong. not to mention any legal fees you would incur would greatly surpass the cost of any weapon you're carrying.

Just my overview. I'm not saying I think any of it's right... but it can and does happen.

 

[madwabbit]

ffs.

contrary to what the media tells you, cops are not out looking for a reason to get elbow deep in your buttcrack.

OC is dumb imo, speaking from an advantageous point of view. its not a reason to be stopped in and by itself under normal conditions. that being said, if you feel the need to sling your bubbad up SKS to pickup a burger just cause 'merica - you're an a-hole and deserve the incoming proctologist.

 

[Emperor]

ffs.

contrary to what the media tells you, cops are not out looking for a reason to get elbow deep in your buttcrack.

OC is dumb imo, speaking from an advantageous point of view. its not a reason to be stopped in and by itself under normal conditions. that being said, if you feel the need to sling your bubbad up SKS to pickup a burger just cause 'merica - you're an a-hole and deserve the incoming proctologist.

I believe this^ too.

The only cops I knew that had time to "just mess" with somebody was none!

Now if they get a complaint, we must expect them to respond. Even if it is a "possible douche with gun" sighting! The day they stop responding is the day they are no longer needed; so it all wouldn't matter then anyway.