Concealed Carry Hypothetical Question

[Suburbazine]

LSP has already clarified that it is illegal to CCW in a car on a public roadway without a permit. The logic behind this is were you to be stopped by an officer and asked to step out of your vehicle...and it goes from there. You can't disarm in the vehicle at that point and you can't get out, either. That, AND the law makes no exception for in the car on your person.

 

[Gus McCrae]

Your paraphrase of the Louisiana Constitution regarding firearms was the old Article 1, Section 11 that was just amended. The new version is quite different and does not expressly grant the legislature permission to regulate concealed carry; however, it would allow such laws as could pass "strict scrutiny" in a court challenge.

Of course, the laws themselves are still confusing, as you noted.

Someone would have to be the test case before anything really changes.

 

[Gunfighter]

So to answer the original question, Yes you have broken the law. Simply stated, as I understand these arguments here, without a Concealed Carry Permit you cannot carry a firearm "concealed on your person" anywhere. The key phrase being "ON YOUR PERSON". Is that correct?

 

[Pas Tout La]

Damn... Then my CC instructor informed me wrong. O well! I gave in to the man and got a permit to exercise my right. 'Murica!

 

[olivs260]

I think wires are getting crossed here. This thread and I are talking about concealed on person, or anything related to on your person and person only. The purse definitely would not be illegal in your home, but a gun concealed on your person is by law, unless has changed since 1995. Now if you pick the purse up with the gun inside and head out the door, well that's a gray area, but once out the door you would need the permit. Same as in your car, you can have you gun anywhere you want it, except on your person, unless with permit. As I said, a previous thread was debating the ccw on your person in a vehicle without a permit just as you home too. Legal wise, all i know is what the law stated that it makes no exception for concealment even inside the home.
Now, as for me, I don't have a line. If it were up to me the gun laws enacted in 1934, 1968, and 1986 would be out the window and totally erased from existence. You would be hard pressed to find anyone as hard core 2nd Amendment as I am.

Re: this, I don't remember the statutes or whatever, but I believe the law allows for an exception for when you're carrying a weapon to a place, for instance if it's in a suit case that you're carrying from your car to a hotel room. I had read up on it a few years ago, before I had my permit, when the wife and I were going on a vacation and I wanted to bring my handgun to the hotel room.

Does anyone know if this is correct?

 

[Mayonnaise]

So to answer the original question, Yes you have broken the law. Simply stated, as I understand these arguments here, without a Concealed Carry Permit you cannot carry a firearm "concealed on your person" anywhere. The key phrase being "ON YOUR PERSON". Is that correct?

Which law is being broken? 14:95 makes NO exception for people with permits. It does not apply here.

 

[Suburbazine]

Which law is being broken? 14:95 makes NO exception for people with permits. It does not apply here.

it does apply because the OP does not have a CHP.

 

[oleheat]

I can't remember the whole story- but didn't a former member here come back to say he'd heard an opinion from a judge that totally changed his mind on this issue? Mainly the "extension of your home" bit (that should tell most of you who I'm referring to)- and carrying concealed in one's own home without a permit.

I don't have time to look it up right now- but anyone else remember something about that?

 

[sraacke]

Frack It. I said I wan't going to participat in this cesspool anymore but you idiots are constantly in here spewing so much misinformation and bovine feces that it's hard to watch even signed out.
So here. Read this and try to get it straight. Home or no home you can't carry in LA without a CHP unless you are part of the privilaged class.

http://uptownmessenger.com/2012/10/owen-courreges-reasonable-protection-for-gun-owners/

You just committing the crime of carrying a weapon illegally, and you did it without ever leaving your own property.

This is what the Louisiana First Circuit held in State v. Young in 1985. La. Rev. Stat. 14:95 prohibits “[t]he intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one’s person.” There are no exceptions to this in the statute, not even for carrying a firearm in your own home or on your own property.

In Young, the defendant was walking to his car in his own driveway. Unbeknownst to him, a state trooper was simultaneously approaching to serve him with a warrant for receiving stolen property. The officer searched the defendant and found a .22 caliber revolver on his person. He was tried and convicted of violating La. Rev. Stat. 14:95.

So screw you. I'm out of here. Again.

 

[JR1572]

Frack It. I said I wan't going to participat in this cesspool anymore but you idiots are constantly in here spewing so much misinformation and bovine feces that it's hard to watch even signed out.
So here. Read this and try to get it straight. Home or no home you can't carry in LA without a CHP unless you are part of the privilaged class.

http://uptownmessenger.com/2012/10/owen-courreges-reasonable-protection-for-gun-owners/


So screw you. I'm out of here. Again.

JR1572

 

[geoney]

Why did the trooper search him? Just to serve him a warrant? Seems a little odd. Might have to read that case.

 

[SpeedRacer]

Frack It. I said I wan't going to participat in this cesspool anymore but you idiots are constantly in here spewing so much misinformation and bovine feces that it's hard to watch even signed out.
So here. Read this and try to get it straight. Home or no home you can't carry in LA without a CHP unless you are part of the privilaged class.

http://uptownmessenger.com/2012/10/owen-courreges-reasonable-protection-for-gun-owners/


So screw you. I'm out of here. Again.

 

[Jack]

JR1572

You better watch it with the puzzle faces around here

 

[jmcrawf1]

Which law is being broken? 14:95 makes NO exception for people with permits. It does not apply here.

You trolling?

 

[jmcrawf1]

Why did the trooper search him? Just to serve him a warrant? Seems a little odd. Might have to read that case.

Search incidental to arrest. It's completely legal.

 

[JR1572]

Why did the trooper search him? Just to serve him a warrant? Seems a little odd. Might have to read that case.

You're kidding? The Trooper was going to arrest him for a warrant, sees him, and finds a gun on the suspect's person. Search incidental to suspect's lawful arrest for the warrant.

You do understand that bad guys are searched after they're arrested and before they are brought to a jail?

JR1572

 

[Vermiform]

Frack It. I said I wan't going to participat in this cesspool anymore but you idiots are constantly in here spewing so much misinformation and bovine feces that it's hard to watch even signed out.
So here. Read this and try to get it straight. Home or no home you can't carry in LA without a CHP unless you are part of the privilaged class.

http://uptownmessenger.com/2012/10/owen-courreges-reasonable-protection-for-gun-owners/


So screw you. I'm out of here. Again.

This thread has been very civil and informative until you injected yourself into it. It is children like you that cause threads like this to deteriorate. It is why we can't have rational discussions on subjects like this. So, by all means, carry your ass. Take your childish **** to the tin foil forums. It isn't welcome here anymore. In fact let me help you.

 

[JR1572]

This thread has been very civil and informative until injected yourself into it. It is children like you that cause threads like this to deteriorate. It is why we can't have rational discussions on subjects like this. So, by all means, carry your ass. Take your childish **** to the tin foil forums. It isn't welcome here anymore. In fact let me help you.

Please don't ban him. It will only make him think he's much more of an iToughguy than he really is. It will also make him a martyr.

After all, he is the chairman of LOCAL...

JR1572

 

[Jack]

Please don't ban him. It will only make him think he's much more of an iToughguy than he really is. It will also make him a martyr.

After all, he is the chairman of LOCAL...

JR1572

You know right know he is telling them how he got banned while they are telling him how brave he is.

 

[Mayonnaise]

You trolling?

I'm not trolling anymore than you're talking out of your ass. Right now the best any of us can do is speculate, because none of us know for sure.

Everyone keeps pointing to 14:95. That section tells us nothing. Citing some court case from 28 years ago, with NO facts about the case, and a poorly written article also proves nothing. That guy may have been railroaded, or he may have been a felon. Who knows, the article certainly tells us nothing.

This reminds me of the time that dude from NOLA tac had a melt down over the carrying in a restaurant thing. He was wrong and spewing bs about how right he thought he was. All because he found a section somewhere that convinced him he was right. Which is what is happening here.