how does this letter sound?

[tmlowe]

I wrote this e-mail this morning to Luke Labruzza with the JPSO. I have not sent it yet. I wanted to post it here to get some suggestions on what to add or take out.

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Mr. Labruzza,

I am not contacting you regarding a concealed weapons permit, but rather on the topic of open carry of a firearm. I, only being 20, am not yet old enough to obtain my CWP, but would like to be able to carry a firearm for protection of myself and others while in public. I know the open carry debate gets very heated at times and the legality typically lies in the eyes of the police officer. I know the Louisiana State Constitution says in Article I section 11, "The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person." That makes no mention permitting open carry, but at the same time makes no mention of prohibiting open carry. Many police officers that I have talked to are not aware that Louisiana is a state that allows you to legally carry a firearm in the open at the age of 17. How does the JPSO see this topic as a whole? If I were to open carry in public in a place that allows weapons, could I/would I have criminal or civil charges pressed against me?

Also, I know according to R.S. 14:91 at the age of 20 I can legally purchase a handgun from a private individual. Once again, many police officers whom I have spoken to are not aware of this and tell me it is illegal for me to possess a handgun at the age of 20. I do have a receipt from the trade transaction in which I acquired my handgun and keep it with me at all times just in case I am ever approached by a police officer and asks how I came to possess it.

I have also attached a letter from former Louisiana Attorney General William J. Guste (1971-1972) with regards to the open carry topic.

I am sorry if you were not the right person to contact regarding the topic, but I did not know who else to try when I went through the JPSO directory. If I should direct this e-mail to another person, please let me know who so I can forward it to try and get a response. Any help you can offer on the topic is greatly appreciated.

Thank you,
Timothy Lowe



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Critique.

 

[Ske1etor]

Very few changes needed in my opinion. The only thing that I saw that needed to be changed was the "Concealed weapons permit". In Louisiana it is called a CHP or Concealed Handgun Permit. That is about it, other than a couple different choices of words.

Mr. Labruzza,

I am not contacting you regarding a concealed handgun permit, but rather on the topic of open carry of a firearm. I, only being 20, am not yet old enough to obtain my CHP, but would like to be able to carry a firearm for protection of myself and others while in public. I know the open carry debate gets very heated at times and the legality typically lies in the eyes of the police officer. I know the Louisiana State Constitution says in Article I section 11, "The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person." That makes no mention permitting open carry, but at the same time makes no mention of prohibiting open carry. Many police officers that I have talked to are not aware that Louisiana is a state that allows you to legally carry a firearm in the open at the age of 17. How does the JPSO see this topic as a whole? If I were to open carry in public in a place that allows weapons, could I/would I have criminal or civil charges pressed against me?

Also, I know according to R.S. 14:91 at the age of 20 I can legally purchase a handgun from a private individual. Once again, many police officers whom I have spoken to are not aware of this and tell me it is illegal for me to possess a handgun at the age of 20. I do have a receipt from the trade transaction in which I acquired my handgun and keep it with me at all times just in case I am ever approached by a police officer and asks how I came to possess it.

I have also attached a letter from former Louisiana Attorney General William J. Guste (1971-1972) with regards to the open carry topic.

I am sorry if you were not the correct person to contact regarding the topic, but I did not know who else to try when I viewed the JPSO directory. If I should direct this e-mail to another person, please let me know who so I can forward it in attempt to get a response. Any help you can offer on the topic is greatly appreciated.

Thank you,
Timothy Lowe

 

[Request Dust Off]

tmlowe,
It is way better than the Open Carry & see what happens approach.
PMSent.
RDO

 

[CajunTim]

I would try the short and sweet approach. I'm not sure who Labruzza is; but if you would get a response it would probably be from their PR person so you might just want to start with them.

Mr. Labruzza,

I am contacting you regarding one’s right to open carry a firearm in public. I am 20 years old, which at this age the law does not allow me to obtain a Concealed Handgun Permit in the State of Louisiana. However, I would like to be able to carry a firearm for protection of myself while in public. The Louisiana State Constitution states in Article I section 11, "The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person." That makes no mention permitting open carry, but at the same time makes no mention of prohibiting open carry. Some in the Law Enforcement community that I have spoken with are not aware that Louisiana is a state that allows one to legally carry a firearm in the open at the age of 17. What is the view of the JPSO on this matter? If I were to open carry in public in a place that allows weapons, how should I expect to be treated by one of your officer’s?

I apologize if you are not the right person to contact regarding this matter. If this is the case please forward accordingly. Any help you can offer on this matter is greatly appreciated.

Thank you for your time,
Timothy Lowe

 

[Narco]

AMERICA





**** YEA!!!!

Sorry had a moment.. Letter looks good, but in JP dont expect a response. They wont put their police on ink and paper for you. i.e. see Gonzales PD case. I would just open carry, and if you get arrested for it. consider your college tution on the taxpayers of this state.

 

[tmlowe]

AMERICA





**** YEA!!!!

Sorry had a moment.. Letter looks good, but in JP dont expect a response. They wont put their police on ink and paper for you. i.e. see Gonzales PD case. I would just open carry, and if you get arrested for it. consider your college tution on the taxpayers of this state.

It already is.

It is because of the Gonzalez case that made me want to write this letter.

On a side note, Labruzza is the gentleman who is listed as a contact for info on CHP

 

[tmlowe]

"You can not carry open at all. "


Wow, within seconds.

 

[Pops]

That was your answer ?

 

[CavalryJim]

Of course that was his answer.

Why were you asking in the first place? His opinion, one way or the other, has absolutely no weight in the matter. If a LEO is intent on falsely arresting you, arguing and waving a memo in his face isn't going to do much to deter him.

I open carried for several months here in BR (restaurants, retail stores, grocery stores, etc.) and nobody ever said word...although if they did, I was probably assumed to be a cop.

 

[Manimal]

You should respond with the State Supreme Court ruling, showing that it is in fact legal for one to open carry a firearm.

I dont remember the case...its on page 40 or 41 of the Heller discussion.

Manimal added 0 Minutes and 44 Seconds later...

State v. Chandler, 5 La. Ann. 489, 490 (1850), the Louisiana Supreme Court held that citizens had a right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”

 

[tmlowe]

According to RS 14:95, which talks about the illegal carrying of weapons, there is no mention of open carry being illegal. In Mr. Guste's letter, he says "If the weapon is carried in a manner that reveals its identity, its carrier cannot be presumed to have intended to conceal it and, accordingly, is not in violation of the statute." Can you please cite me the statute that takes away my constitutional given right to protect myself?

-Tim

 

[Manimal]

lol
dont get yourself black booked

 

[jgwalt1]

tmlowe

I open carried before I was old enough to conceal, I got cuffed and put in the back of an cop car one night studying at Charlies over by LSU. The LEOs said they got a "man with a gun" call. They admitted open carry was legal by thought that posession of a pistol under 21 was illegal (they weren't very polite ie. cussing and yelling at me, but I just kept my mouth shut). I sat in the back of the car for about 10 minutes while they flipped through the code book looking for something to pin on me. Then they let me go.

This was about a year ago and it was BRPD. I called the local office to clearify the law and the supervisor told me if he was there he would have charged me with some terrorism statute but I couldn't find it.

It really ruined my night but nothing really bad. Its really up to you it its worth it. I hope you can get a better answer than "you can't". Good luck!

 

[Pops]

This is what discourages me from the whole open carry thing . I don't have the time and especially the money to defend myself from the ignorance that abounds on this issue . Every officer and every department is going to have a different opinion on what is " legal " .Now , if you could get the state Attorney General to go on TV and declare it legal , you might have something . Until then , I ain't taking the chance . Sorry

 

[jmcrawf1]

This is what discourages me from the whole open carry thing . I don't have the time and especially the money to defend myself from the ignorance that abounds on this issue . Every officer and every department is going to have a different opinion on what is " legal " .Now , if you could get the state Attorney General to go on TV and declare it legal , you might have something . Until then , I ain't taking the chance . Sorry

What he said. Plus I don't want to be the first guy to get shot in a sticky situation.

 

[tmlowe]

I was not asking anyone to OC in protest. I personally find it ******** that I cannot protect myself with a firearm because I am not 21. I must have missed the amendment that said the 2nd amendment was null and void under 21 years old.

 

[CavalryJim]

This is interesting but there is really nothing that can be accomplished by getting some deputy to agree (or not agree) with you.

No LEO is going to give you a memo stating that you can open carry. Even if he/she did, it wouldn't be worth the paper it was written on....especially, if you were sitting in jail.

 

[tmlowe]

This is interesting but there is really nothing that can be accomplished by getting some deputy to agree (or not agree) with you.

No LEO is going to give you a memo stating that you can open carry. Even if he/she did, it wouldn't be worth the paper it was written on....especially, if you were sitting in jail.

I went to him first because this man of all people should be familiar with the carry laws. I intend on moving up the chain with similar letters.

 

[Manimal]

Now , if you could get the state Attorney General to go on TV and declare it legal , you might have something . Until then , I ain't taking the chance . Sorry

Would be awesome to get him on TV but thats a phat chance...

In 1978, though, he did reinforce the constitutional ruling and solidified it through his interpretation of our state laws. His statement and several case laws are available online and can be carried with a person just in case they run into trouble.

Open Carry comes with great risk of harassment by the JBTs. Do it at your own risk.

 

[tmlowe]

Wrote my rep and Jindal. I will keep this thread updated.

Contact Bobby Jindal

Thank you for your e-mail. Rest assured that you will receive a response from my office in a timely fashion, and that I take your concerns very seriously. If you have submitted a question or concern which requires the assistance of a state agency, your email will be shared with the appropriate agency, and you will receive a response from that agency soon.

Thank you again for contacting me, and please continue to keep me informed of your views on matters of importance. Please do not hesitate to contact my office in the future on matters of concern to you.


Very Truly Yours,


Bobby Jindal
Governor of Louisiana


Automated response^^