Legal Concealment Of Knives in LA?

posse comatosis · Oct 17, 2008

Louisiana police customarily don't take action on concealed folding pocket knives.

As such, this policy seems to be widespread enough to have become common law one can reasonably rely on.

Would the same hold true for fixed blade knives concealed inside a pocket? What about concealed in a boot or carried IWB?

Swampy · Oct 17, 2008

I dont know .. Ignore this post....

graymo2 · Oct 17, 2008

posse comatosis said:
Louisiana police customarily don't take action on concealed folding pocket knives.

As such, this policy seems to be widespread enough to have become common law one can reasonably rely on.

Would the same hold true for fixed blade knives concealed inside a pocket? What about concealed in a boot or carried IWB?

Good question. I would like to hear from someone who knows what they are talking about.

LouisianaCarry · Oct 17, 2008

you get the short answer, as I am posting fom my phone

This is a gray area in LA law. Technically anything “for probable use as a weapon” (read: officer discretion) may not be “intentionally concealed” except a handgun with a permit. The way this plays out in real life is that if you are not a felon, hood rat or being stupid- you should be ok. My local DA’s office told me point blank felons are the only ones they will pop for this.

It is however something LACarry seeks to change (changing CHPs to CWPs)

jimdana1942 · Oct 19, 2008

Well, when I was an officer in Sherman, Texas, it was illegal in Texas to have a hunting knife on you, but, like the instructor at the Academy said, if it's hunting season, and say you go in to a cafe and there are a few hunters there eating breakfast and wearing their hunting knives, just let it go in the interest of common sense. I agreed, it's officer discretion but I felt that some circumstances warranted a "live and let live" policy.

mcinfantry · Oct 19, 2008

i never popped a felon, and no one i knew had, unless they PULLED the knife and used it... or brandished it as a weapon....

ianal

posse comatosis · Oct 19, 2008

A little thread drift is in order here:

If as a matter of common law LA police ignore concealed knives in the absence of a felony act, would the same hold true for a concealed handgun?

LouisianaCarry · Oct 19, 2008

No. You might get lucky and run across a pro-gun cop with a head on his shoulders, but do NOT assume that is what will happen.

mcinfantry · Oct 19, 2008

LC is correct. first offense is a misdemeanor, and police have the OPTION of arrest on misdemeanors. felony they do not.

since knives are customarily used as a TOOL, thats why there is little hassle.

posse comatosis · Oct 19, 2008

LC, you reckon these Cold Steel Ti Lites are tools?

They look like tools of the trade alright, if you're a gutter or fillet artist at the New Jersey mafia-controlled Fulton Fish Market in NYC...

Asc.rudeboy · Oct 19, 2008

so their not illegal to carry,,but if you use it ,,say in a self defense manner,,how does that get handled..

a friend of mine in gonzales few years back was jumped in old walmart parking lot,,he as trying to leave the bar and get away form the mob of like 6or8 when they jumped him,,wile on the ground geting kicked and stomped he pulled his knife and started slashing wildly trying to get them off of him,,he sank his blade in the chest of one of them and the kid died,,,now i know he got off of the criminal charges,,but he had tons and tons of court dates both criminal and cival.....ruined his life is what happend,,he wont even go back into town because of all the trouble and money it cost him...for defending himself

the tattoo shop dodys,was robed and the female artist shot one of the guys in the stomach,,he didnt die,but all they did was take her gun as evidence and give her a court case,wich she was found innocent.....

so why the were these cases handled so diffrently,,,was it because he used a knife,,or was it becuase someone died..

LouisianaCarry · Oct 19, 2008

Many factors go into things like that, from the victim's diposition to the local politics to all kinds of things.

Boolie · Oct 19, 2008

Also hate to bring this up, but one was male and one was female. As much as we would all like to think that there are same rules for both, there aren't when it comes to self defense.

posse comatosis · Oct 19, 2008

Generally, overt prosecution is the sign of some cop or district attorney trying to climb the ladder of success. Gonzales has a history of of this with the guy who went to Cabelas packing a gun on his hip open carry. Irrational, stupid civil servants. On the civil side, some kinfolk is always trying to make money off the death of a loved they didn't give two bits about prior to the death of the deceased. Or maybe they did care. But AD, it's a money thing to all concerned. Lately, I believe there is a statutory exemption now for civil liability in the case of justified homicides in LA. Maybe somebody else can add to that. JMHO

LouisianaCarry · Oct 19, 2008

posse comatosis said:
Generally, overt prosecution is the sign of some cop or district attorney trying to climb the ladder of success. Gonzales has a history of of this with the guy who went to Cabelas packing a gun on his hip open carry. Irrational, stupid civil servants. On the civil side, some kinfolk is always trying to make money off the death of a loved they didn't give two bits about prior to the death of the deceased. Or maybe they did care. But AD, it's a money thing to all concerned. Lately, I believe there is a statutory exemption now for civil liability in the case of justified homicides in LA. Maybe somebody else can add to that. JMHO

Like this?

RS 9:2800.19 Limitation of liability for use of force in defense of certain crimes
§2800.19. Limitation of liability for use of force in defense of certain crimes
A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.
B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.
Acts 2006, No. 786, §1.

Asc.rudeboy · Oct 19, 2008

LouisianaCarry said:
Like this?

gotta love louisiana....
it was just a huge contrast on how both cases were handled,,one was beat on and had injuries,,the other was pushed into a back room and held there,,before she drew her ccw and fired..but both were in danger for their life,,,the cops told the female good job and the male was treated like a hitman..even tho he tried to leave the scene and was followed and jumped in a parking lot....

posse comatosis · Oct 19, 2008

Yes, exactly like that. I think Florida and Texas have similar provisions for exemption from civil liability in the case of justifiable homicide. Those last two words can be a big hurdle best avoided if at all possible.

Manimal · Oct 20, 2008

Texas & Florida have even more 'friendly' laws regarding self defense and lethal force. They have a 'no retreat' policy in their Castle Laws that says a person has no duty to retreat should someone present a threat. I do not think it is so clearly stated in Louisiana law.

Example:
In Florida a man was walking his dogs when an SUV with 5 Hispanics passed by him, they were yelling threats at him through the windows. They turned around an brandished a couple bats as they sped towards him. When they got close he pulled out his pistol and put 5 shots into the driver then walked around the SUV emptying his pistol into the SUV, drawing his back up pistol and emptying it as well. He intentionally killed everyone in the SUV, except for 1 person that survived. He was arrested, went to trial, and found not-guilty b/c of the Castle laws in Florida, they protected him. I personally think that he did the right thing, except for leaving that 1 person alive which he did not intentionally do. He was protected from legal action but not street justice, while he was in jail over night his house was burned down by the gang that the people he killed belonged to.

mcinfantry · Oct 20, 2008

if he was arrested then the "law" didnt protect him. the "law" PREVENTS you from being arrested. the jury is what protected him... apparently that law is not that clear either....

Manimal · Oct 20, 2008

I'm trying to find the article b/c I may be inaccurate.

Legal Concealment Of Knives in LA?

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