So I can carry in school zones and churches now.

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  • LouisianaCarry

    Tactibilly
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    Mar 14, 2007
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    Keithville
    So I noticed that a parish permit exempts holders from the Gun Free School Zone garbage (see here).

    So I went and got one. I know some Parishes have backwoods deputies that will threaten to arrest you for asking for an application (this HAS happened), but, at least in Caddo, it was the easiest thing in the world. I just went down to the Courthouse, paid $35, got my pic and prints taken, showed them my ID and filled out a SHORT form, and blam-O!

    Here is what is interesting. I was re-reading the parish permit statute (see here), and I do not see ANY restrictions on where you can carry. I know you still can't carry in bars and in Courthouses and places that have specific laws to the contrary, but as far as churches and places like that (that you are restricted from with the Statewide permit under 1379.3), it's just not on there. A sheriff, it would seem, can word place stipulations on them, but mine does not. Mine also signs off Form 7s with no hassle.

    §95.2. Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone
    A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.
    B. For purposes of this Section, the following words have the following meanings:
    (1) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.
    (2) "Campus" means all facilities and property within the boundary of the school property.
    (3) "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.
    (4) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not have permission to be on the school campus.
    C. The provisions of this Section shall not apply to:
    (1) A federal, state, or local law enforcement officer in the performance of his official duties.
    (2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.
    (3) Any person having the written permission of the principal.
    (4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.

    As usual- blah blah blah- I am not a lawyer and am not advising anyone else to do this, but I am quite confident that the law is on my side and am carrying in these places. Also, please note: this permit will NOT exempt you from disciplinary action if you are enrolled in a college and are caught with a firearm.
     

    aroundlsu

    Bayou Photo Shooter
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    Dec 21, 2007
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    Baton Rouge
    Some important questions..

    1) Is the permit only valid in the parish it was issued?

    2) Do you have to be a resident of the parish to get one? I mean, can an EBR resident drive to Caddo and get one?

    3) Has anyone heard of an East Baton Rouge permit?

    This is great news. My job lands me in school zones and churches quite often. It would be huge if I could carry in those locations. Also do you mean a Form 4 for a silencer, SBR, or machine gun? Not a Form 7.

    Edit: Nevermind. Answered the question myself:

    G. The chief law enforcement officer of a parish shall have the authority to issue a concealed handgun permit to an individual, which permit shall be valid only within the boundaries of the chief law enforcement officer's parish. Upon application, the officer shall personally perform a standard criminal record check. The officer who performed the standard criminal record check shall not be liable for acts committed by the permittee, unless the officer had actual personal knowledge at the time he issued the permit that the permittee was mentally unstable or disqualified by law from possessing a firearm. Notwithstanding the provisions of this Subsection, the issuance of a permit shall not be unreasonably withheld.
     

    LouisianaCarry

    Tactibilly
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    Yes, the parish permit is only valid in the Parish it is issued in.

    "The chief law enforcement officer of a parish shall have the authority to issue a concealed handgun permit to an individual, which permit shall be valid only within the boundaries of the chief law enforcement officer's parish."

    There is a provision for a State issue version, but I hear the LSP are not issuing them actively. They should be, because the law says that the permits shall not be unreasonably withheld. Supposedly, they view the existence of 1379.3 as being a reason not to issue a permit under 1379.1 Of course, that is BS, but the LSP, from what I understand, do not have a history of being particularly pro-gun. Hopefully 199 will make all this relatively moot.
     

    aroundlsu

    Bayou Photo Shooter
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    199 doesn't have anything to do with churches does it?

    Also, would carrying in church result in a misdemeanor carrying charge or just suspension/revocation of your CHL?
     

    LouisianaCarry

    Tactibilly
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    199 doesn't have anything to do with churches does it?

    No, that's why I said 'relatively' moot.

    I love my parish permit, and plan to keep it, unless they remove the bogus stipulations on the State permit. I keep both in my wallet, and plan on showing whichever one is needed, depending on the situation.
     

    LouisianaCarry

    Tactibilly
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    Mar 14, 2007
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    199 doesn't have anything to do with churches does it?

    Also, would carrying in church result in a misdemeanor carrying charge or just suspension/revocation of your CHL?

    What they could try to do and what they could get away with all depend on your lawyer, a judge, a DA and the LSP.

    My position is that the law does not clearly say that it could result in the revocation of your permit, you would just not be carrying under the authority of the permit, and would be risking 14:95 charge.

    This is my take on it, of course, IANAL
     

    aroundlsu

    Bayou Photo Shooter
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    From my dealings with EBRSO over the Form 4 I can predict what they would say... "Why do you need a parish CC permit if you have a state permit already? Oh, you want to carry at LSU? HAHAHAHAHA"

    End of conversation.
     
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