CCW Duty to Notify -CHP vs. Constitutional Carry

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  • Magdump

    Don’t troll me bro!
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    163   0   0
    Dec 31, 2013
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    Hammond, Louisiana
    So how close did you get to 1,000,000,000?
    Oh, no thanks. I haven’t done that kind of research to just spit out 10 digit speculations. I’ll leave that to you. But again, I get it. Just a small amount of bad outcomes compared to the overall picture, who cares why it went bad when it’s such a minuscule number, right? Nobody’s perfect after all. Why would anyone aspire to never make a lethal mistake? People just expect too much nowadays.
     

    323MAR

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    24   0   0
    Jan 15, 2014
    2,607
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    New Oeleans LA
    I'll never forget the time I was pulled over in Knowwhereville, Jackass County MS for doing 5mph over the speed limit. I showed the officer my permit, DL, VA card, and Dick Tracy Detective card that belonged to my Grandpa. The officer said, "Think fast, Marine!" and fired several times at my head! He then said, "I musta shot that old cap gun 20 times at ya! Just put'en the fear of God in ya young man!"
    I then told him how cool that old roll cap gun was and how jealous I was because they don't make them like that anymore.
    He gave me a warning and said, "Stay out of trouble son, cause next time I might have to use my old Smith .357!"
     

    Strick8

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    85   0   0
    Jan 16, 2018
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    Hammond, LA
    The CHP permit law at La. RS 40:1379.3.I, outlines the duty to inform and that failure to do so can result in permit revocation.

    At 40:1379.3.L an additional “catch all” penalty provision is set forth:

    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.

    Act 1 of the Session during which constitutional carry was passed amends 40:1379.3, and there are no added penalties specific to failure to inform for CC nor is there an amendment to L.

    So my guess is that the penalty will be up to $500 fine and/or 6 mos in jail. If you’re not an ass about it I’d imagine a $500 fine is worst case. I see nothing that would result in loss of CC rights.


    Current Law


    Act 1 Amending current law

     

    Jstudz220

    Well-Known Member
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    26   0   0
    Oct 14, 2020
    2,008
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    Harvey Louisiana
    The CHP permit law at La. RS 40:1379.3.I, outlines the duty to inform and that failure to do so can result in permit revocation.

    At 40:1379.3.L an additional “catch all” penalty provision is set forth:

    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.

    Act 1 of the Session during which constitutional carry was passed amends 40:1379.3, and there are no added penalties specific to failure to inform for CC nor is there an amendment to L.

    So my guess is that the penalty will be up to $500 fine and/or 6 mos in jail. If you’re not an ass about it I’d imagine a $500 fine is worst case. I see nothing that would result in loss of CC rights.


    Current Law


    Act 1 Amending current law

    I appreciate the info you provided for sure. The problem with the law is we have the info that’s given to us but the same questions still remain.
     

    krotsman

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    106   0   0
    Aug 2, 2012
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    OGs remember!

    1715805304461.png
     

    thperez1972

    ESSAYONS
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    10   0   0
    Dec 28, 2015
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    Baton Rouge, LA
    Oh, no thanks. I haven’t done that kind of research to just spit out 10 digit speculations. I’ll leave that to you. But again, I get it. Just a small amount of bad outcomes compared to the overall picture, who cares why it went bad when it’s such a minuscule number, right? Nobody’s perfect after all. Why would anyone aspire to never make a lethal mistake? People just expect too much nowadays.

    You're making a strawman argument. I did not say that police were perfect. Nor did I say bad outcomes shouldn't be looked at to see if something better could be done. It seems you are pretending I did because that's an easier question for you to answer. The suggestion was made that stories like the ones suggested earlier are not anomalies. To refresh your memory, here is the quote.

    I disagree. Just reading your first sentence saying situations like these are anomaly’s. If they were anomalies we wouldn’t all know several people with similar stories. I’ve met many of good men over the years with similar stories.

    If the stories are not anomalies (something that deviates from what is standard, normal, or expected) then the number of stories should be a significant portion of the number of interactions. If the stories represent a small fraction of the number of interactions, then the stories are, by definition, anomalies.
     

    Magdump

    Don’t troll me bro!
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    163   0   0
    Dec 31, 2013
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    Hammond, Louisiana
    You're making a strawman argument. I did not say that police were perfect. Nor did I say bad outcomes shouldn't be looked at to see if something better could be done. It seems you are pretending I did because that's an easier question for you to answer. The suggestion was made that stories like the ones suggested earlier are not anomalies. To refresh your memory, here is the quote.
    Hey bro, relax. I told you I get it. I’m in your corner. Straw man argument? What? Ain’t nobody arguing bro. It’s all good.
    Not sure what you mean about Jstudz quote. I didn’t say that. That ain’t even me bro. Anomalies… nah bro. Not my direct quote. I never said that word at all. Jstudz bro. Jstudz.
     

    thperez1972

    ESSAYONS
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    10   0   0
    Dec 28, 2015
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    Hey bro, relax. I told you I get it. I’m in your corner. Straw man argument? What? Ain’t nobody arguing bro. It’s all good.
    Not sure what you mean about Jstudz quote. I didn’t say that. That ain’t even me bro. Anomalies… nah bro. Not my direct quote. I never said that word at all. Jstudz bro. Jstudz.

    Although you didn't say it, you decided to jump in and quote my reply to his claim. It's reasonable to conclude you wanted to play his game too.
     

    Sainte70

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    57   0   0
    Jan 5, 2012
    655
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    NOLA
    There is zero harm in informing the cop if you are carrying vs he finds it on his own and now trust has gone out the window. It is also a matter of respect towards the cops if you inform whether you are “required” to or not. I know it goes a long, loooong way with me during an interaction.
     

    Sainte70

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    57   0   0
    Jan 5, 2012
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    NOLA
    I had a similar situation happen right before I approached the twin span heading back towards the NOLA. State troopers pulled me out of my car, disarmed me, and then sent me on my way. The cop that took my gun back to his patrol car unloaded it and put it back on my passenger seat. He took the magazine out and the round out of the chamber and stuck the round from the chamber into the magazine. I was confused for a second looking for the extra round considering I carry a Glock 17 with oem flush fit 17 round magazines.

    Overall it was a complete waste of time and making the traffic stop a lot more dangerous than it needed to be. The whole ordeal only took about 5 minutes.

    Oh and for those wondering I was doing something like 95 in a 70 so when the lights went on i already knew what to expect. It was around 2 or 3am in the morning with minimal traffic on the roads. I knew I was in the wrong and took the ticket I earned myself.
    The thing is, You know you, the cop doesn’t.
     

    La26

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    0   0   0
    Jan 4, 2011
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    Paulina, La.
    Gaining the Officer's trust and confidence will go a long way. If you advise him that you are carrying, he might advise you to be cool. Or he may disarm you, and after the encounter allow you to go on your way after returning your unloaded weapon back to you. Hint: I would never hand anyone a loaded weapon, or place it in their car where it is easily accessible to shoot me in the back while I'm returning to my unit. I wouldn't disassemble the weapon, but I might place it unloaded in the trunk or hatchback and advise you to retrieve it and reload it after I have left the scene. But IF you don't advise him, and he discovers you are carrying, it raises his "Spidey" senses, wonders what you might be trying to hide from him, etc. At that point he will probably run the gun to make sure it's not stolen, run you to make sure you don't fit the "95.1 Convicted Felon in possession of a firearm" criteria, or even check further to make sure he isn't missing anything. He might consider that you are into something a little more than just traffic violations, and if he happens to find any illicit narcotics, it would make you guilty of a felony by possession of a firearm while in possession of narcotics. And there you are standing on the side of the road, obviously wishing you could be on your way and could have been if only you advised him you were carrying. If you are up front and "cool" with the Officer, you might very well be on your way without even a ticket. So play it any way you wish. A decent attitude and compliance goes a long way.
     
    Last edited:

    Sainte70

    Well-Known Member
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    57   0   0
    Jan 5, 2012
    655
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    NOLA
    Gaining the Officer's trust and confidence will go a long way. If you advise him that you are carrying, he might advise you to be cool. Or he may disarm you, and after the encounter allow you to go on your way after returning your unloaded weapon back to you. Hint: I would never hand anyone a loaded weapon, or place it in their car where it is easily accessible to shoot me in the back while I'm returning to my unit. I wouldn't disassemble the weapon, but I might place it unloaded in the trunk or hatchback and advise you to retrieve it and reload it after I have left the scene. But IF you don't advise him, and he discovers you are carrying, it raises his "Spidey" senses, wonders what you might be trying to hide from him, etc. At that point he will probably run the gun to make sure it's not stolen, run you to make sure you don't fit the "95.1 Convicted Felon in possession of a firearm" criteria, or even check further to make sure he isn't missing anything. He might consider that you are into something a little more than just traffic violations, and if he happens to find any illicit narcotics, it would make you guilty of a felony by possession of a firearm while in possession of narcotics. And there you are standing on the side of the road, obviously wishing you could be on your way and could have been if only you advised him you were carrying. If you are up front and "cool" with the Officer, you might very well be on your way without even a ticket. So play it any way you wish. A decent attitude and compliance goes a long way.
    I always tell people, “it’s 90% attitude, 10% what you did”. When dealing with a person with a shitty attitude, well….i have refills for my ink pen for those special occasions.
     

    Magdump

    Don’t troll me bro!
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    163   0   0
    Dec 31, 2013
    9,645
    113
    Hammond, Louisiana
    Although you didn't say it, you decided to jump in and quote my reply to his claim. It's reasonable to conclude you wanted to play his game too.
    Ah, no games bro. I quoted your post and said I get it. I didn’t quote his post. I really didn’t even pay attention to his post. Your post is a fine stand alone statement. It’s a good post bro. I get it. I even liked your post. Nobody playing games with you bro. Not at all dude.
     
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