Carrying a Firearm in Amite Open or Concealed is Illegal....wait, WHAT???

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  • crewdawg

    F-15 Eagle Crew Chief
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    May 3, 2009
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    Amite, LA
    I ran across this on OCDO - Problem is, I LIVE IN AMITE! It seems that according to this, both Open and Concealed Carry is illegal in Amite.

    The Amite City Code that was enacted in 1965 says tht possession of weapons whether concealed or not is illegal unless on your personal domicile or in transportation to a shooting range. And the preemption law of louisiana dealing with ordinances on firearms only deals with laws passed after 1985.

    What do you guys make of this? I'm curious about it.
    --------------------------------

    Amite City Code

    http://library3.municode.com/defaul...a7bced4218805e08324fc1b4b9ec4f&infobase=11929

    § 11-4017. Unlawful possession of weapons.

    Section 11-4017. Unlawful possession of weapons.


    (a) Except as hereinafter provided, it shall be unlawful for any person, except within his own domicile, to carry or use on or about his person or have in his manual possession, either secretly or openly, whether concealed or otherwise, any arms or weapons of any kind, or any shotgun, rifle, pistol, revolver, air-gun, "B-B gun," gas operated gun or spring gun, or any instrument, toy or weapon commonly known as a "peashooter," "slingshot," or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, or any dirk, bowie knife, clasp knife, razor, metallic knuckles, slingshot, billy or any other weapon, whether the instrument is called by any name set forth above or by any other name, other than the ordinary or common penknife or pocket knife.


    (b) The prohibition of (a) above shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when the instrument can be fired, discharged or operated in a manner as not to endanger persons or property, and also in a manner as to prevent the projectile from traversing any grounds or space outside the limits of the gallery, grounds or residence; and further provided, that nothing herein contained shall be construed to prevent the carrying of any type of gun whatsoever when unloaded and properly cased, to or from any range or gallery or to or from an area where hunting is allowed by law, and further provided that nothing herein contained shall be construed to prevent or forbid any federal, state, parish or municipal officer empowered to make arrests, nor any person who shall be licensed to carry arms under the provisions of the laws of the town, the state or under any federal laws, from carrying or wearing, while on duty, the weapons as shall be necessary in this proper discharge of their duties.

    (Ord. No. 483, §§ I, II, 10-5-65)
     
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    crewdawg

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    Amite, LA
    if u get caught tell them u were headed to the range...lol...honestly, thats a weird one bro... :confused:

    Yeah, but it stipulates that if you are heading to the range the firearm must be, "unloaded and properly cased."

    How would someone go about getting this law changed, without OCing, getting arrested, and suing? (Although there is this nice Harley at the Hammond Harley store.....hmmmm :mamoru:"
     

    mr.z28

    learning...
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    Oct 21, 2008
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    BR, LA
    Yeah, but it stipulates that if you are heading to the range the firearm must be, "unloaded and properly cased."

    How would someone go about getting this law changed, without OCing, getting arrested, and suing? (Although there is this nice Harley at the Hammond Harley store.....hmmmm :mamoru:"

    i wonder how "properly cased" would be interpreted?...HOLSTER maybe? :o as far as the "unloaded" stip, i guess it depends on if an leo has the right to inspect your firearm if youre confronted?..:confused: i mean, i guess they cant assume your firearm is loaded?...and if they do AND ITS NOT LOADED (which it "will" be) they run the risk of unlawful search and possibly seizure?...just some thoughts off the top of my head...im def no lawyer..just some thoughts to maybe spark someone elses brain cells that can elaborate...
     

    Gumbo

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    Apr 28, 2009
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    Lafayette
    I'm not trying to be callous, but what's the alternative? If you're willing to deal with the consequences, then carry and don't worry about it. If you aren't, then don't carry and work to have the law changed. What are the penalties if you're caught?
     

    Storm52

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    Mar 18, 2009
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    Shreveport
    I would assume that you can have your firearms openly carried in your vehicles. Concealed weapons take on an entirely different legal definition than having an unloaded firearm in a gun rug, case or range bag. The Castle Doctrine provides the same protections in your car as in your home.
    I doubt that the local DA would pursue charges, although that would not prevent LEO from citing you and possibly making an arrest.
     

    crewdawg

    F-15 Eagle Crew Chief
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    May 3, 2009
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    Amite, LA
    I know that I can carry in my car and the cops would be stupid to arrest for that, but my main concern was CC in the Amite area outside of my car. Since I live here, I shop here, eat at restaraunts, etc.

    Now I understand that 99.9% of the time there will be no problem because the firearm will be out of view, but there's always that chance that something will happen and a police officer approaches me in an official manner and I declare myself and he might turn out to be one of the few LEO that will get all hissy and if they spend some time trying to find some charge to stick, they may come across this obscure law.
     

    Ellis1958

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    Jul 9, 2009
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    Port Allen, LA
    The states preemption law trumps the city law.

    It's one of those that never got off the books. Kinda like some old laws about having a rider with a lantern in front of your horseless carriage. Yeah it's there but is meaningless in todays world.

    Want it off? Change it. Petition the city council to remove it from the books. They most likely don't know it's there.
     

    Hitman

    ® ™
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    13   0   0
    Sep 4, 2008
    16,034
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    Lake Charles
    The states preemption law trumps the city law.


    Yeah BUT there's is this,
    http://www.legis.state.la.us/lss/lss.asp?doc=97860

    RS 40:1796 - Preemption of state law
    (Comes with a Date Clause, Does it not?)

    PART II-A. MISCELLANEOUS PROVISIONS

    §1796. Preemption of state law

    A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; however, this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.

    B. Nothing in this Section shall prohibit a local governing authority in a high-risk area from developing a plan with federally licensed firearms manufacturers, dealers, or importers to secure the inventory of firearms and ammunition of those licensees in order to prevent looting of the licensee's premises during a declared state of emergency or disaster. Such plan shall be renewed on a periodic basis. The information contained in the plan shall be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the sheriffs of the parishes or police chiefs of municipalities in which the declared state of emergency or disaster exists.

    C. For the purposes of this Section:

    (1) "Declared emergency or disaster" means an emergency or disaster declared by the governor or parish president pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

    (2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.

    Added by Acts 1985, No. 741, §1, eff. July 17, 1985; Acts 2006, No. 254, §1.
     

    posse comatosis

    Hoo-ahh!
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    Sep 15, 2008
    1,475
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    Bayou Perdition
    It would be the perfect case to go before the U.S. Supreme Court for a ruling on incorporation of the Second Amendment to the States. Sounds virtually identical to the Chicago case recently decided (wrongly) by the Seventh Circuit in favor of gun control.
     
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