Hypothetical CCW Question

[Rayneiac]

First off...I'm a Paralegal. So debating multiple legal scenarios at work is sort of a hobby among us. And this was a debate today at lunch. Since the collective CC knowledge on here surely outweighs that of a Corporate Attorney....I thought I'd ask because I'm now curious.

What about a person with a few little things in their closet....unpaid ticket or two (such as expired inspection sticker, barely speeding but NOT in a school zone). Add in perhaps an old expunged DUI from at least 10 years ago, and suppose the person lived in a big city like NOLA where it's possible to not own a car (walk/bike/public transport) so they let the DL expire and just use a valid State ID.

Now, assuming this person had two brain cells to rub together they would have hopefully checked the local court websites and looked themselves up on the active warrants list....and found they were clean. As far as what they could find through that method.

We (the office staff of Paralegals and a law student) surmised that IF there truly were no warrants and the hypothetical person supplied proof of the expungement for the DUI/disposition of case....the rest would likely have no bearing.

Anyone care to chime in?

 

[Dustin-R]

(10) Not have been convicted of, have entered a plea of guilty or nolo contendere to, or
not be charged under indictment or a bill of information for any crime of violence or any crime
punishable by imprisonment for a term of one year or greater. A conviction, plea of guilty, or
plea of nolo contendere under this Paragraph shall include an expungement of such conviction or
a dismissal and conviction set-aside under the provisions of Code of Criminal Procedure Article
893. However, a person who has been convicted of a violation of 18 U.S.C. 491(a) shall be
permitted to qualify for a concealed handgun permit if fifteen or more years has elapsed between
the date of application and the successful completion or service of any sentence, deferred
adjudication, or period of probation or parole.

Even if it was not a felony.....
any crime punishable by imprisonment for a term of one year or greater

The only thing the LSP will accept is a Govorners(GOLD SEAL) Pardon not an expungement.

 

[madwabbit]

Even filing an application is illegal with that background. Would they catch it, who knows. If they do your "hypothetical person" would be in a pot of boiling water.

 

[aroundlsu]

Getting ready to apply for your permit is a great time to clear up all those little things in your closet. If any of those unpaid tickets are showing up on your driving record they are likely bench warrants now. I don't think LSP is going to let anyone with a bench warrant get a permit.

Did the old DWI result in an arrest? I'm sure it did. You have to list any arrests no matter what happened.

People have been arrested for leaving out information on their app. It's best if you disclose everything.

 

[Rayneiac]

Sorry if I scared anyone....this really is a hypothetical "we are bored at work and deal with legal tangles all day" question.

Mods...you can close this if you want. I don't want to stir up a storm. Just my curious mind at work on issues we may face here at work with the current madness swirling around.

 

[honestlou]

Sorry if I scared anyone....this really is a hypothetical "we are bored at work and deal with legal tangles all day" question.

Mods...you can close this if you want. I don't want to stir up a storm. Just my curious mind at work on issues we may face here at work with the current madness swirling around.

If y'all are that bored at work, try to figure out if you can legally carry concealed with a permit if you are watching a parade.

 

[Rayneiac]

First off....what city?

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[Rayneiac]

NOLA has odd ordinances and then the debate if 'in' or 'at' the parade with the wording of the law and the government permit factor.

Basically, let's debate 'in' vs 'at' in a state where we 'make groceries' and 'get down' to do so.



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[Fracture_U]

Was the DUI in state or out of state? Does it make a difference?

 

[Rayneiac]

We didn't go as deep as that with our lunch debate. We just tried to imagine "Joe nobody" with a few blemishes.

*shrug*

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[LegallyArmedAm]

If a parade "permit" was acquired you can't carry. But if it's a parade where no permit is required (some Christmas parades, 4th of July, etc.) then you can carry at it. In LA. Not being a know-it-all, just that this question came up in a group I was in and "those who know" were in the room. A little technicality.

If y'all are that bored at work, try to figure out if you can legally carry concealed with a permit if you are watching a parade.

 

[Rayneiac]

If a parade "permit" was acquired you can't carry. But if it's a parade where no permit is required (some Christmas parades, 4th of July, etc.) then you can carry at it. In LA. Not being a know-it-all, just that this question came up in a group I was in and "those who know" were in the room. A little technicality.

Ah....but if a permit WAS issued and the route runs down your street...yet you watch from your porch/driveway....then what?

Or your balcony in the case of some cities like NOLA.

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[aroundlsu]

If a parade "permit" was acquired you can't carry. But if it's a parade where no permit is required (some Christmas parades, 4th of July, etc.) then you can carry at it. In LA. Not being a know-it-all, just that this question came up in a group I was in and "those who know" were in the room. A little technicality.

This has been beaten to death, but the general interpretation at the moment is a literal interpretation of the rule which states

"in a parade or demonstration for which a permit is issued by a governmental entity"

The keyword here is "in". If you are watching the parade you are not in the parade you are at the parade. So you can carry at a parade.

 

[charlie12]

If a parade "permit" was acquired you can't carry. But if it's a parade where no permit is required (some Christmas parades, 4th of July, etc.) then you can carry at it. In LA. Not being a know-it-all, just that this question came up in a group I was in and "those who know" were in the room. A little technicality.

Got to watch those "those who know" they are the ones that usually don't know.

 

[CCW]

I wonder if anyone will be the test case as to what "in a parade" means vs what "at a parade" means. Looks like if you carry with a permit at a parade in NOLA, you will run the risk of being the test case. Stay safe.

http://www.nola.com/mardigras/index.ssf/2013/01/mardi_gras_2013_nopd_will_keep.html#incart_m-rpt-2

 

[JBP55]

This has been beaten to death, but the general interpretation at the moment is a literal interpretation of the rule which states

"in a parade or demonstration for which a permit is issued by a governmental entity"

The keyword here is "in". If you are watching the parade you are not in the parade you are at the parade. So you can carry at a parade.

This is the correct answer.

 

[CCW]

According to the "authorities" in nola, you are not allowed to carry "at" a parade with a concealed carry permit. Anyone volunteer to be a test case? See article below.

"State law prohibits firearms at all events that require a permit, like a parade or fair. Authorities said the law applies to everyone, even people who have legal conceal carry permits."

Read more: http://www.wdsu.com/news/local-news.../18295358/-/5jduj8/-/index.html#ixzz2JBOEaaa7

 

[JBP55]

According to the "authorities" in nola, you are not allowed to carry "at" a parade with a concealed carry permit. Anyone volunteer to be a test case? See article below.

"State law prohibits firearms at all events that require a permit, like a parade or fair. Authorities said the law applies to everyone, even people who have legal conceal carry permits."

Read more: http://www.wdsu.com/news/local-news.../18295358/-/5jduj8/-/index.html#ixzz2JBOEaaa7

The Concealed Handgun Division of La. State Police tells us otherwise.

 

[CCW]

I understand and agree that the law says otherwise. I am pointing out the problem when local authorities do not think the law applies to them.

 

[JBP55]

I understand and agree that the law says otherwise. I am pointing out the problem when local authorities do not think the law applies to them.

Avoid The Chocolate City!