CC in a purse question

[leadslinger972]

so it has to be in a holster and loaded? to be concealed by the letter of the law?

That's the grey area. If it were in a holster, on your person, loaded, it would be reasonable to believe you are concealing the firearm.

If it were in your backpack, unloaded, and you were in your driveway, it would be reasonable to believe it was being transported.

If you didn't have a Louisiana CHP and were walking around the mall with a handgun in your backpack, loaded or unloaded, it would be reasonable to believe you are intentionally concealing the firearm.

It would also be reasonable to believe intentional concealment if you were walking around your property with a concealed firearm in your waistband.

 

[machinedrummer]

But...isn’t your property an extension of your vehicle? So many if’s what’s and buts. I know one if caught in a gray area you will not win the argument on side of the road or on your property. Comply and if wrong doings has occurred the settle it in court. Want legal advise? Consult an attorney.

 

[leadslinger972]

But...isn’t your property an extension of your vehicle? So many if’s what’s and buts. I know one if caught in a gray area you will not win the argument on side of the road or on your property. Comply and if wrong doings has occurred the settle it in court. Want legal advise? Consult an attorney.

Unless that attorney is an extension of your lawnmower, I agree. Side of the road grey area arguments will never go in your favor.

 

[bigjakewelch]

Nowhere does it state anything about a location. Can you provide the statute that allows concealed carry in your home without a permit?

The question asked in the OP was already answered.

Nowhere in 14:95 is there an exemption for a CHP holder. It is written elsewhere. This is my point, there is no single law that would stand up so strict scrutiny above the state constitution. Like I said on several other posts, if you're this concerned get your CHP.

Oh, and I declare you King of the internet for the day. Lol. I should have been more specific on my request..... maybe next time.

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[leadslinger972]

Nowhere in 14:95 is there an exemption for a CHP holder. It is written elsewhere. This is my point, there is no single law that would stand up so strict scrutiny above the state constitution. Like I said on several other posts, if you're this concerned get your CHP.

Oh, and I declare you King of the internet for the day. Lol. I should have been more specific on my request..... maybe next time.

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So you suggest not to test the law, but say it wouldn't stand up to the state constitution. Sounds like crawfishing. That's MY point.

 

[bigjakewelch]

That's the grey area. If it were in a holster, on your person, loaded, it would be reasonable to believe you are concealing the firearm.

If it were in your backpack, unloaded, and you were in your driveway, it would be reasonable to believe it was being transported.

If you didn't have a Louisiana CHP and were walking around the mall with a handgun in your backpack, loaded or unloaded, it would be reasonable to believe you are intentionally concealing the firearm.

It would also be reasonable to believe intentional concealment if you were walking around your property with a concealed firearm in your waistband.

But this could also be defended by not using as a dangerous weapon, but using it as a means of personal defense while on your own private property. Clarification... I'm speaking of being inside the confines of your home, not traipsing around on your 20 acres that backs up to a school.....

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[leadslinger972]

But this could also be defended by not using as a dangerous weapon, but using it as a means of personal defense while on your own private property. Clarification... I'm speaking of being inside the confines of your home, not traipsing around on your 20 acres that backs up to a school.....

If you want to test in the court of law if a firearm is not considered a dangerous weapon, be my guest.

You can crawfish all you want. The law states that you cannot intentionally conceal a handgun unless you have a Louisiana Concealed Handgun Permit. It does not matter where you are, including your own property.

 

[bigjakewelch]

So you suggest not to test the law, but say it wouldn't stand up to the state constitution. Sounds like crawfishing. That's MY point.

Not crawfishing. Just pointing out the gray areas that you attested to earlier. There are more than you state. I'm here to tell you that if there is a true concern then you need to get a CHP. There are a litany of legal presidants that set this defense out.
What would be a circumstance that you would have to test this out in your home? If the only circumstance is that you have a pistol in your waist band while sitting in your easy chair, then you have a couple constitutional amendments to back you up. But there I go with a "What If" OMG!!!!!

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[leadslinger972]

Not crawfishing. Just pointing out the gray areas that you attested to earlier. There are more than you state. I'm here to tell you that if there is a true concern then you need to get a CHP. There are a litany of legal presidants that set this defense out.
What would be a circumstance that you would have to test this out in your home? If the only circumstance is that you have a pistol in your waist band while sitting in your easy chair, then you have a couple constitutional amendments to back you up. But there I go with a "What If" OMG!!!!!

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I don't even understand what you are arguing at this point.

Do you recognize that it is illegal to carry a concealed handgun without a Louisiana CHP, regardless of where you are physically located?

If you answered yes, then there is no argument here.

 

[bigjakewelch]

I don't even understand what you are arguing at this point.

Do you recognize that it is illegal to carry a concealed handgun without a Louisiana CHP, regardless of where you are physically located?

If you answered yes, then there is no argument here.

I don't agree with you on this statement, when you are in your residence. This is protected under the 2nd amendment. State law can't abridge or add to federal regs on constitutional amendments. This is the reason there is no mention or provision in dealing with your dwelling, domicile, home, private residence..... You will not find it in state law because it is already covered under federal statute. This is why the decision on the national cases (Not in your state) that go to the supreme court have far reaching implications on the way the state enforces their laws that have to do with the amendments. This is why the Heller decision had national implications. It's the 2nd amendment.
Now this only covers you when you are on your personal property (residance) when you enter the "public" then you are going to be under the confines of SS14:95. This is where I agree with you. And you will be in violation of the law

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[AustinBR]

I don't agree with you on this statement, when you are in your residence. This is protected under the 2nd amendment. State law can't abridge or add to federal regs on constitutional amendments. This is the reason there is no mention or provision in dealing with your dwelling, domicile, home, private residence..... You will not find it in state law because it is already covered under federal statute. This is why the decision on the national cases (Not in your state) that go to the supreme court have far reaching implications on the way the state enforces their laws that have to do with the amendments. This is why the Heller decision had national implications. It's the 2nd amendment.
Now this only covers you when you are on your personal property (residance) when you enter the "public" then you are going to be under the confines of SS14:95. This is where I agree with you. And you will be in violation of the law

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I am going to disagree. The 2nd amendment does not mention concealing a weapon on one's person. There IS a law that states it is illegal to conceal on one's person without a permit, though. It doesn't mention location at all.

Concealing a weapon without a permit = illegal, as established by law with no mention of location (including home).
Rape = illegal, as established by law with no mention of location (including home).

Being at home doesn't make something legal just because you are within the confines of home, unless specifically established by a law.

 

[thperez1972]

Unless someone can cite a case where someone was arrested for 14:95 in their own home without any other extenuating circumstances (such as fled from the police to said home, etc.), this would seem to be an academic argument. I have arrested a good number of people on a good number of charges but I have never arrested someone, nor heard of anyone being arrested for, carrying a concealed weapon in their own home. I'm not saying it hasn't happened. But if it has, I'd hope someone can provide an example. I'll certainly read up on the particulars to see what happened and how far it went through the justice system. I know there are a few other LEOs with practical experience. If any of them would like to chime in if they've heard of this law enforced inside one's home, I'm sure a few of us would like to hear their real world experience.

BTW, LA R.S. 14:95 Illegal Carrying of Weapons is listed under Part VI - Offenses Affecting The Public Generally, Subpart A - Offenses Affecting The Public Safety. Concealing a weapon on one's property, especially in one's home, does not affect the safety of the public.

 

[Danny Abear]

I believe in Ted Nugent on this one

 

[leadslinger972]

BTW, LA R.S. 14:95 Illegal Carrying of Weapons is listed under Part VI - Offenses Affecting The Public Generally, Subpart A - Offenses Affecting The Public Safety. Concealing a weapon on one's property, especially in one's home, does not affect the safety of the public.

Interesting.

At that point, it's best to consult an attorney.

It does make you wonder about the statutes also listed under Part VI that deal with dwellings.

 

[thperez1972]

Interesting.

At that point, it's best to consult an attorney.

It does make you wonder about the statutes also listed under Part VI that deal with dwellings.

Part VI covers 94-112. Which ones are you referring to that deal with dwellings?

 

[RedStickChick]

Same with the man-bag? Asking for a friend.

Like a satchel?

 

[geoney]

I don't agree with you on this statement, when you are in your residence. This is protected under the 2nd amendment. State law can't abridge or add to federal regs on constitutional amendments. This is the reason there is no mention or provision in dealing with your dwelling, domicile, home, private residence..... You will not find it in state law because it is already covered under federal statute. This is why the decision on the national cases (Not in your state) that go to the supreme court have far reaching implications on the way the state enforces their laws that have to do with the amendments. This is why the Heller decision had national implications. It's the 2nd amendment.
Now this only covers you when you are on your personal property (residance) when you enter the "public" then you are going to be under the confines of SS14:95. This is where I agree with you. And you will be in violation of the law

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Your entire basis for why you think what you do is incorrect. The law does not have any other affect just because you are in your residence unless it is specifically exempted in the statute, or the fact that is is your residence eliminates the criminality of the statute (you cannot burglarize your own home).

LARS 14:95 makes CCW illegal - your home is not a listed exemption
LARS 40:1379.3 Makes it permitted as long as you follow the rules within - requires you to have a CHP to CCW


You said "You will not find it in state law because it is already covered under federal statute. "

Please advise what "federal statute" you are referring to. Thanks

 

[GunAddict]

This was gone over 5 years ago in February of 2013 with another member. The law may have changed or been superseded since this was written but here is a link: Under the link, scroll down to "carrying". There is more under the link, I just posted the relevant words.

http://www.mycal.net/Group42/weapons/laws/la.htm

CARRYING

"Illegal carrying of a weapon is: (1) The intentional
concealment of any firearm ... on one's person; or (2) The
ownership, possession, custody or use of any firearm . . . at any
time by an enemy alien . . ."
It is lawful to carry a firearm provided it is not
concealed. A firearm in a holster is not concealed. It is lawful
to carry a handgun in the glove compartment of a motor vehicle.
The law makes no exception for carrying a firearm concealed "on
one's person" even in the home.

I don't know, seems pretty clear to me that you can not conceal carry in your own home without a CCP.
Now as I said, this may have been superseded since then but I have not read otherwise. Here is a link
to the thread from 5 years ago to refresh some memories:
https://www.bayoushooter.com/forums/showthread.php?102230-Concealed-Carry-Hypothetical-Question
And from 4 years ago in April:
https://www.bayoushooter.com/forums...-plain-sight&p=1371128&highlight=#post1371128

 

[GunAddict]

And here is an article published in 2012 about the legality of not having a permit. I believe it was written about the time before we voted for the change in the wording of our state constitution for firearms.
http://uptownmessenger.com/2012/10/owen-courreges-reasonable-protection-for-gun-owners/

 

[GunAddict]

I will say this though, the likely hood of getting charged while having concealed on your person in your home is probably about the same as getting hit by lightening, unless, you are guilty of something else as to why the leo are there in the first place.
Otherwise if the law does not have to come to your house you would have nothing to worry about. As for a vehicle, that probably would be officer discretion as you may have to step out of your vehicle which then you will either have to keep it concealed or remove before getting out giving the officer a chance to see it, and or be found if you are given a pat down. Just get the permit and be safe.
Here is another couple of links from the past where there is argument against in the first and for in the second, some will remember. These are from 2012. And I never have seen that case law that was mentioned in the second thread, has anyone else?
http://forum.nolatac.com/showthread.php?495-Frequently-Asked-Gun-Questions-Concealed-and-Open-Carry


http://forum.nolatac.com/showthread.php?1069-Need-Permit-to-CC-in-vehicle-RETRACTION-AND-APOLOGY