Louisiana Knife Laws

[herohog]

You take that same knife, put it in a leather belt sheath with a button flap and it becomes a workman's tool IF the the person has any job where that is commonly used. Take that same guy and make the sheath Black Nylon with a skull on it and things just got iffy.

 

[Nolacopusmc]

You take that same knife, put it in a leather belt sheath with a button flap and it becomes a workman's tool IF the the person has any job where that is commonly used. Take that same guy and make the sheath Black Nylon with a skull on it and things just got iffy.

Welcome to life, where things are not always as they seem and seldom as you would like.

 

[herohog]

In THIS state, there are NO hard and fast rules. You have to use "common sense" and hope for the best. I carry a SOG Twitch locking folder with a 2.6" Blade shortened to 2.5" to fit VA regulations. It SHOULD be OK by MOST cop's standards. HOWEVER, it IS spring assisted and SOME cops could give you hell for that. You could probably win in court on that but it will cost you. If I removed the spring would I be 100% "safe"? Oh hell no! It still has a nub on the blade that allows one-handed opening and some hard-ass could give you hell about THAT if they felt like it!

Life sucks, deal with it.

 

[Summit_Ace]

Well first off, if it is customarily used or intended for probable use as a weapon, then by law it is a weapon. I would say that there are way too many variables for that to be answered, like there are in most of the questions that have been asked lately. A screw driver is a tool, but depending on who is carrying it, where, and under what circumstances, it is a burglary implement.

A bic pen is a bic pen, until you use it as a crack pipe.

A baseball bat is a toy, until you bash your father's head in with it.

You are a law abiding citizen, until you break the law.

The candle stick is a candlestick until the butler kills Mrs Smith in the library with it......

First off EVERYONE knows the maid did it in the kitchen!

Get the picture? There is no answer to your question. Sometimes it is either or both or none, all at the same time.

I cannot believe you have not figured it out yet since it has been said by countless people infinite number of times.... intent,, circumstances, location, weather, time of day, back ground, etc. etc. etc. will determine that. There is no finite answers in any of the situations.

Life would be so much easier if you guys woud just understand that. Furthermore, the way one LEO may handle something and the way another may handle something may be completely opposite and both equally legal, moral, and "right". That is how life works on Earth when you are dealing with human beings.

trust me, I wish there was a formula, but there simply is not.

Hope that helps, but somehow I doubt it.

Second, this is not about good cop bad cop. It is about the law and and how that law may be interpreted by a LEO(or a court on the LEOs testimony).

IMO the law should be clear, either a concealed knife is illegal or it isn't.
It should not be left to the discretion of the officer, there are too many variables in that.

I think my previous post sums up my question.

"Just for giggles I would like to give you a scenario. If you do not want to answer I understand. If you do choose to answer please give details as to why you answered the way you did.

Please forgive the long drug out detail but I know there are some here who will say " I can't answer that question I don't know the details".

It is 11:00 PM you pull a car over for speeding. The vehicle is doing 70 in a 55. There are 2 people in the vehicle, the driver 38, and his wife 35. When you come to the door and ask him for his drivers license and registration you smell alcohol. You ask the driver if he has been drinking. He responds ; "I just had dinner with my wife and I had 2 glasses of wine". You ask him to step out of the vehicle and ask if he has any weapons on him. He tells you he has a fixed blade knife under his left arm. After a thorough search you find a 4.5 in. fixed blade in a shoulder rig under his arm, you ask him if he carries the knife all the time and he answers yes.(at this point you could arrest him under LA law}.You conduct a field sobriety test. You see no "real" problems but you want to make sure, so you decide to go with a breathalyzer. The suspect complies and blows a .03.

Do (you) arrest him for the concealed weapon?

Please explain your answer."

 

[herohog]

This has been discussed and answered!
1: It depends.
2: There is no hard and fast rule so it IS up to the cop, the Judge then the Jury.

Next!

 

[posse comatosis]

ask him if he carries the knife all the time and he answers yes.(at this point you could arrest him under LA law}

It would be a bad arrest. You have no evidence of any intent to use as a deadly weapon. You cannot prove that such a weapon is customarily used as dangerous weapon. Knives are used randomly and spontaneously as deadly weapons. But the custom thing is out by definition.

In you scenario, you're proceeding based solely on the method of carry, and LRS 14:95 does not address that.

An admission by the suspect that he carried the weapon in that manner all the time only means a shoulder holster is his customary method of carry. It says nothing of the typical use of the knife in possession.

 

[Vanilla Gorilla]

Thats funny because in your first post in this thread you're arguing the opposite. Nice flip-flop.

 

[Nolacopusmc]

It would be a bad arrest. You have no evidence of any intent to use as a deadly weapon. You cannot prove that such a weapon is customarily used as dangerous weapon. Knives are used randomly and spontaneously as deadly weapons. But the custom thing is out by definition.

In you scenario, you're proceeding based solely on the method of carry, and LRS 14:95 does not address that.

An admission by the suspect that he carried the weapon in that manner all the time only means a shoulder holster is his customary method of carry. It says nothing of the typical use of the knife in possession.

It is also interesting how you conveniently left out the "intended for probable use" clause also since it completely deflates your argument.

Once more.... It is all subjective, like life, from the officer to the sentancing. You can what if, should be, IMO, etc all you want, but that will never change until they plant the chips in our arms.

Arguably intended for probably use as a dangerous weapon...because it is marketed as such for one thing.

http://www.tactical-life.com/online/tag/tops-knives/page/3/

http://www.tomarskabars.com/1480_INFO.html

Arguably NOT "customarily used or intended for probably use" as a dangerous weapon..


http://www.best-b2b.com/Sub-cat/896/922/knife_53.html

At the same time, all of the above can easily and legitimately be used as either a tool or a weapon, depending on use and user. It really is that simple. I know a lot of you think that the cops are just out there looking for a guy with a sharpened nail file on his toenail clippers just to hem him up in a trick bag, but seriously, get a grip.


The catch comes in with the fact that some things that were never intended to be used as a weapon by design are, such as baseball bats, chains, pipes, or a sock full of pool balls.

This is why it all depends on the circumstances, motive, intent, and background of the people and incident.

 

[tim9lives]

You forgot to put up a picture of a ball peen hammer

http://www.musclecars.net/parts/vin...et-POLISHED-custom-For-Sale_160522724598.html

 

[W1nds0rF0x]

And on another controversial note, why should it be illegal for "me" to carry a Ka-Bar like that in a belt sheath for use if some dirtbag tries to rob me and the quickie mart I happen to be at??

 

[Bayoupiper]

And on another controversial note, why should it be illegal for "me" to carry a Ka-Bar like that in a belt sheath for use if some dirtbag tries to rob me and the quickie mart I happen to be at??

I think it shouldn't be illegal.

But again, where one cop might think nothing of it, another might be a bit more zealous.

For the real legal opinion you will have to ask Posse.





.

 

[W1nds0rF0x]

I think it shouldn't be illegal.

But again, where one cop might think nothing of it, another might be a bit more zealous.

For the real legal opinion you will have to ask Posse.

.

K, I think that qualifies for the "needs a full size duster to cover" scenario...

 

[Bayoupiper]

It is also interesting how you conveniently left out the "intended for probable use" clause also since it completely deflates your argument.

Once more.... It is all subjective, like life, from the officer to the sentancing. You can what if, should be, IMO, etc all you want, but that will never change until they plant the chips in our arms.

Arguably intended for probably use as a dangerous weapon...because it is marketed as such for one thing.

http://www.tactical-life.com/online/tag/tops-knives/page/3/

http://www.tomarskabars.com/1480_INFO.html

Arguably NOT "customarily used or intended for probably use" as a dangerous weapon..


http://www.best-b2b.com/Sub-cat/896/922/knife_53.html

At the same time, all of the above can easily and legitimately be used as either a tool or a weapon, depending on use and user. It really is that simple. I know a lot of you think that the cops are just out there looking for a guy with a sharpened nail file on his toenail clippers just to hem him up in a trick bag, but seriously, get a grip.


The catch comes in with the fact that some things that were never intended to be used as a weapon by design are, such as baseball bats, chains, pipes, or a sock full of pool balls.

This is why it all depends on the circumstances, motive, intent, and background of the people and incident.

And on that note:

http://www.nydailynews.com/news/ny_...after_snowball_barrage_on_mailman_turns_.html







.

 

[posse comatosis]

Thats funny because in your first post in this thread you're arguing the opposite. Nice flip-flop.

That was not a flip-flop. My first post was specifically intended to point out the obvious disparity between the law and actual enforcement of the law.

The ensuing discussion then clarifies one can carry a concealed knife in Louisiana only because a state statute does not survive legal analysis.

NOLACOP sized this canard up when he wrote there should be no prohibition on the concealment of any weapon. Rather, the focus should be on the use of such instrumentalities.

I think we're already there, based on a careful reading of LRS 14:95.

 

[posse comatosis]

Arguably intended for probably use as a dangerous weapon...because it is marketed as such for one thing.

Another aspect of analyzing the statutory language of LRS 14:95:

If the above captioned weapon is intended for use in defending self, is it a "dangerous" weapon in the eyes the bearer (who is the party who might be charged)?

Or is it a "beneficial" or "helpful" weapon to him or her?

 

[Vanilla Gorilla]

That was not a flip-flop. My first post was specifically intended to point out the obvious disparity between the law and actual enforcement of the law.

Oh I see your Flip-Flop was actually some reverse psychology to show us all the invalidity of the law. Well played Sir! Well Played! I tell you what; if the law is invalid and doesn't stand up to scrutiny why don't you Appeal to the State Supreme Court or Work to Sponsor Legislation to change it? Or is that too much like putting your money where your mouth is?

 

[Vanilla Gorilla]

By the way, Tell us again how your qualified to have an opinion based on careful reading? What is your legal background? Where did you attend Law School? Have you ever appeared in Criminal Court as a Counselor, Expert, or a Member of the Prosecution? Do you have a background in Constitutional Law?

 

[hdgnnr]

who cares what the law says, everyone i know carries a knife of some sort.....most LEO's arent gonna bother you unless you're doing something to attract their attention in the first place.

 

[posse comatosis]

I don't need to be "qualified" to post here. And you don't have to buy into anything I say. I'm waiting to see if Alan Gura and the Second Amendment Foundation take up the constitutionality of concealed carry laws before I take any legal or legislative action.

As far as for your comment, hdgnnr about who cares what the law says, law abiding citizens may care to understand the law as written and applied in order to remain law abiding citizens. Wingin' it based on what the crowd does is risky business. It's not to bad in LA, but get caught with an illegal knife in TX and you can get up to seven years in the pen. It pays to read the lines and in between the lines when it comes to the law.

 

[Nolacopusmc]

And on another controversial note, why should it be illegal for "me" to carry a Ka-Bar like that in a belt sheath for use if some dirtbag tries to rob me and the quickie mart I happen to be at??

It shouldn't be, but that does not change the fact that IT IS....or may be, depending of course.