Is it legal

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  • rsmoree

    Well-Known Member
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    0   0   0
    May 21, 2009
    66
    6
    Mississippi
    I was discussing this with a friend and he said it was illegal due to a bank is federal. I thought he was wrong but can't find any facts to prove it. Thanks
     

    charlie12

    Not a Fed.
    Rating - 100%
    4   0   0
    Apr 21, 2008
    8,537
    63
    Pride
    I was discussing this with a friend and he said it was illegal due to a bank is federal. I thought he was wrong but can't find any facts to prove it. Thanks

    Leadfoot gave you all the info you need, now ask your friend to find any facts proving its Federal. That should keep him busy. :D
     

    Leadfoot

    Low Speed High Drag
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    104   0   0
    Mar 4, 2009
    5,076
    48
    Livingston Parish
    Cannot what?

    Nick, if you're saying that "No, you cannot conceal carry in a bank", I offer this:

    From LSP's Website

    Prohibited Locations

    R.S. 40:1379.3 (N) states that no concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

    *

    A law enforcement office, station, or building;
    *

    A detention facility, prison, or jail;
    *

    A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom;
    *

    A polling place;
    *

    A meeting place of the governing authority of a political subdivision;
    *

    The state capitol building;
    *

    Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage;
    *

    Any church, synagogue, mosque or similar place of worship;
    *

    A parade or demonstration for which a permit is issued by a governmental entity;
    *

    Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises.
    *

    Any school "firearm free zone" as defined in R.S. 14:95.6.

    The provisions of R.S. 40:1379.3 (N) shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person.

    Where is BANK mentioned anywhere in the above paragraphs?
     
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    PrairieCajun

    Ima let dat pass dis time
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    2   0   0
    Apr 4, 2010
    800
    16
    B.R.(da hood), LA
    A bank is a private business funded by private investors and business profits that only has its depositors insured by a government insurance program (FDIC). You can carry in a bank unless it is posted otherwise. What better place to carry IMHO?
     
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    Nolacopusmc

    *Banned*
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    66   0   0
    Oct 22, 2008
    8,348
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    New Orleans, LA
    In the United States of America, our current code of law is one that tells you what you cannot do. Therefore, if it is not specifically codified in law as illegal, it is by default legal....as a general concept.

    Concealed:

    In the state of Louisiana, LA-R.S. 40:1379.3-Statewide permits for concealed handguns; application procedures; definitions, is the specific statute that covers the legal expectations for concealed handgun permit holders. If you have a CHP, you need to know this verbatim and follow it explicitly to not find yourself violating the law. Ignorance of the law is not a claimable defense in court. As has been detailed below, there is a specific list of places that are prohibited by this statute.

    A bank is NOT one of them.

    That said, a bank is a private property and as such may prohibit firearms at their discretion. This is most typically done via some form of signage at entryways. In the absence of such signage, one would generally expect to be approached by a member of the staff and asked to leave or secure handgun outside of the building. Your appropriate response is to immediately exit the premise. If you choose to secure your weapon or not is up to you, but once asked to leave, failure to do so immediately could result in 14:63- Entry on or remaining in places or on land after being forbidden, charges against you by virtue of refusing to leave or by disobeying posted signs depending on the specifics of the incident.

    Open Carry:


    Open Carry does not have a specific statute criminalizing it, and as such, also does not have a specific statute which outlines appropriate behavior relating specifically to open carry. However, LA RS 14:95 Illegal carrying of weapons, is the primary statute in Louisiana which speaks to weapons violations not specifically related to concealed carry, which is where Open Carry would fall. Likewise, within this statute, a bank is not specifically specified; therefore, unless the private property owner chooses to forbid it, it is not forbidden by Louisiana State Law nor any Federal Law currently in existence.

    CAUTION:
    Matters such as this most often have less to do with the specific verbiage of the law and the fine line between the semantics of legislation and more to do with the people,places, and circumstances involved with these incidents. While it may seem perfectly normal to you to go into a bank with a gun on your hip, you also have to take into account that it is in fact a bank and depending on the security history of that establishment and the mentality of the people inside, your actions could go completely unnoticed or a panic alarm could be tripped and a SWAT team could be summoned. Depending on people's perception of you based on haircut, dress, body language, etc...they may simply assume you are a cop, or in contrast, your manner of behavior and dress may be something the relate to a threat and would appropriately / inappropriately raise their concern.

    Courtesy, common sense, and consideration for others is normally the easiest course for all involved. While you certainly have rights to keep and bear arms, sometimes flaunting them in situations where they would be more appropriately expressed in a subtle manner is the wiser course of action. This is one of the many options that CHP allows for which OC does not, the ability to be discreet.

    Hope this helps.
     
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    Guate_shooter

    LA CHP Instructor # 522
    Rating - 100%
    30   0   0
    Dec 4, 2009
    9,424
    36
    (Breaux Bridge)
    what NOLA said eventhough that SHOULD have been covered in the Class that you AND your friend attended, but then again thats wishfull thinking some times

    GLAD to have Brannon to save the day :)
     
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