CC in preschool

[LouisianaCarry]

I think you asked a reasonable question, vsound, and I will try a little harder to answer it.

If you were carrying concealed in a prohibited place, you risk a 14:95 charge for carrying a concealed weapon (since you are no longer carrying under the authority of your permit). To my knowledge, there is no such charge as "possession of a firearm in a prohibited place."

If open carrying, what would likely happen is that they would adapt another charge to fit you, or just charge you with something random and unrelated. This is what some cops in south LA did a month or so ago to a guy who open carried in a theatre. They charged him with negligent carrying of a concealed weapon, which in no way applies to open carry. What would make more sense would be to charge you with remaining after being prohibited (trespass). However, these charges could likely be fought down by a good lawyer, especially in a Court friendly to weapons. You could make arguments specific to the charge, and add on Constitutional arguments. Whether those would be successful in the local Court of jurisdiction would be anyone's guess. Cases go to appeals and the Supreme Court of LA all the time.

That is your answer- if caught and charged- you would be in for an expensive fight. You might win (morally, you should win), but you might not; or, you may win after a long drawn out battle.

The statutory penalty for section O of 1379.3 is 14:95 (up to six months/$500 fine).

 

[Nick]

To my knowledge, there is no such charge as "possession of a firearm in a prohibited place."

not trying to argue, and in the spirit of the constructiveness of the thread, I'm not fluent in the particulars of the law, what I was referring to was the same provision that covers carrying a firearm in places such as bars etc., I don't know the exact wording of this law and I don't know if it even applies. I have heard the charge simply referred to as "carrying in prohibited places"... if it really is that general, it may apply.

 

[vsound]

I think you asked a reasonable question, vsound, and I will try a little harder to answer it.

If you were carrying concealed in a prohibited place, you risk a 14:95 charge for carrying a concealed weapon (since you are no longer carrying under the authority of your permit). To my knowledge, there is no such charge as "possession of a firearm in a prohibited place."

If open carrying, what would likely happen is that they would adapt another charge to fit you, or just charge you with something random and unrelated. This is what some cops in south LA did a month or so ago to a guy who open carried in a theatre. They charged him with negligent carrying of a concealed weapon, which in no way applies to open carry. What would make more sense would be to charge you with remaining after being prohibited (trespass). However, these charges could likely be fought down by a good lawyer, especially in a Court friendly to weapons. You could make arguments specific to the charge, and add on Constitutional arguments. Whether those would be successful in the local Court of jurisdiction would be anyone's guess. Cases go to appeals and the Supreme Court of LA all the time.

That is your answer- if caught and charged- you would be in for an expensive fight. You might win (morally, you should win), but you might not; or, you may win after a long drawn out battle.

The statutory penalty for section O of 1379.3 is 14:95 (up to six months/$500 fine).

I have no doubt that certain cops, especially one that's in a bad mood anyway, would probably write up all sorts of charges. How many would stick would depend on how fair of a judge you went before. And we all know that judges in LA are known for being fair, right?

Section O is one of those items that's not worded to describe a "thou shalt not" and have a penalty associated. It describes the rights of others, not what you can or can't do. I'm not sure if it can be directly linked to 14:95 or not. Do you have any court cases as precedent?

I did run this scenario by a lawyer, and he responded saying that notice of a "no firearms" policy would have to be posted "conspicuously" for it to be valid. LA doesn't have any requirements for how it's posted, so the daycare can be within their regs without giving you conspicuous due notice. Without due notice, they are not formally prohibiting or restricting access. If you receive due notice, either by a conspicuously posted sign, or verbally, and you continue, then you run the risk of being arrested. Whether it's for 14:95, or trespassing is debatable.

 

[LouisianaCarry]

not trying to argue, and in the spirit of the constructiveness of the thread, I'm not fluent in the particulars of the law, what I was referring to was the same provision that covers carrying a firearm in places such as bars etc., I don't know the exact wording of this law and I don't know if it even applies. I have heard the charge simply referred to as "carrying in prohibited places"... if it really is that general, it may apply.

There are two laws that deal with alcoholic beverage outlets.

RS 14:95.5 Possession of firearm on premises of alcoholic beverage outlet

RS 40:1379.3 Statewide permits for concealed handguns; application procedures; definitions

The former is a blanket prohibition (with ambiguous conflict with the latter, which only prohibits Class A establishments).

Besides that, we have the school zone law and various parts of statutes that prohibit carry in certain public buildings and commercial establishments (eg. the daycare regulation we are currently discussing).

To my knowledge (IANAL, but am very studied on this), there is no general law covering posted establishments at all, besides those specific things. Besides the school zone statute and the public building laws, I know of no law besides RS 14:95 that attaches a specific penalty.

There is not much else to say that I did not already elaborate on previously. If you are carrying somewhere where your permit is not valid, you are illegally carrying a concealed weapon. Whether they charge you with 14:95 or a violation of Paragraph L of 1379.3 (L. Anyone who carries and conceals a handgun in violation of any provision of this Section, unless authorized to do so by another provision of the law, shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.)- the penalty is the same, so it doesn't really matter.

If openly carrying, you would simply be in for a fight.

 

[vsound]

There are two laws that deal with alcoholic beverage outlets.

RS 14:95.5 Possession of firearm on premises of alcoholic beverage outlet

RS 40:1379.3 Statewide permits for concealed handguns; application procedures; definitions

The former is a blanket prohibition (with ambiguous conflict with the latter, which only prohibits Class A establishments).

BTW, LC, I asked the lawyer about such conflicting laws as those you listed. He said "rule of interpretation" applies, which means the latter rule trumps the former. This sort of thing is rampant in LA law, so judges will look to the later legislation as the controlling law. It's certainly not as optimal as repealing the former, but it's better than nothing.

 

[LouisianaCarry]

Yes, I agree with and understand.

All I have noted is that it is an ambiguity.

I act accordingly (carry concealed only in non-Class A, do not go to Class A places).