Constitutional Carry Bill SB1 will be RS? (Now going to be the Law!)

[dantheman]

The new law says that folks are subject to the exact same stipulations.

So, if you don't have a permit and carry a concealed firearm while being drunk, you have broken the law....and made a poor decision. Guns and alcohol don't belong together.

But if you have a permit and are over the limit , you are subject to losing the permit . If you do not have a permit , what is the actual consequences ?

 

[Xeon64]

But if you have a permit and are over the limit , you are subject to losing the permit . If you do not have a permit , what is the actual consequences ?

So this is really not constitutional carry..

 

[brian.ebarb]

So if you do NOT have a permit , and your BAC is over the limit , what happens ?

SB1 will require that people carrying w/o a permit will still have to comply with R.S. 40:1379.3(I). (link)

N. Any person lawfully carrying a handgun pursuant to Subsection M of this Section shall be subject to the restrictions contained in R.S. 40:1379.3(I) ...

First, know that the BAC limit for CHP holders is currently 0.05%. For a man, this can be as little as two beers (link).

La. R.S. 40:1379.3(I)(1) (link)

A permittee shall be considered under the influence as evidenced by a blood alcohol reading of .05 percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.

Second, be aware that if an LEO approaches a CHP holder with an official purpose, the CHP holder is required to inform the LEO that they're carrying and then allow themselves to be disarmed during the investigation into intoxication.

La. R.S. 40:1379.3(I)(2) (link)

A permittee armed with a handgun in accordance with this Section or a person carrying a weapon pursuant to R.S. 14:95(M) shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him.

So anyone carrying a concealed firearm--even without a permit--will have to comply with the BAC and disarmament restrictions.

 

[AustinBR]

But if you have a permit and are over the limit , you are subject to losing the permit . If you do not have a permit , what is the actual consequences ?

I've referenced the laws, below. But the TLDR is this:
Carrying a concealed handgun while intoxicated is classified as "Negligent Carrying of a Concealed Handgun."

The new law doesn't make this law go away. It just allows people to carry without a permit. If you break this law, your handgun will get seized and you will likely go to jail.

Laws:

Louisiana Laws - Louisiana State Legislature

www.legis.la.gov

I.(1) No individual to whom a concealed handgun permit is issued or a person carrying a weapon pursuant to R.S. 14:95(M) may carry and conceal such handgun while under the influence of alcohol or a controlled dangerous substance. While a permittee is under the influence of alcohol or a controlled dangerous substance, an otherwise lawful permit is considered automatically suspended and is not valid. A permittee shall be considered under the influence as evidenced by a blood alcohol reading of .05 percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.

(2) A permittee armed with a handgun in accordance with this Section or a person carrying a weapon pursuant to R.S. 14:95(M) shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer is made aware that an individual is carrying a concealed handgun and the law enforcement officer has reasonable grounds to believe that the individual is under the influence of either alcohol or a controlled dangerous substance, the law enforcement officer may take temporary possession of the handgun and request submission of the individual to a department-certified chemical test for determination of the chemical status of the individual. Whenever a law enforcement officer is made aware that an individual is behaving in a criminally negligent manner as defined under the provisions of this Section, or is negligent in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement officer may seize the handgun, until adjudication by a judge, if the individual is issued a summons or arrested under the provisions of R.S. 40:1382. Failure by the permittee to comply with the provisions of this Paragraph shall result in a six-month automatic suspension of the permit.

Louisiana Laws - Louisiana State Legislature

legis.la.gov

§1382. Negligent carrying of a concealed handgun

A. Negligent carrying of a concealed handgun is the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun, under the following circumstances:

(1) When it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge.

(2) When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.

B. It shall be within the discretion of the law enforcement officer to issue a summons to a person accused of committing this offense in lieu of making a physical arrest. The seizure of the handgun pending resolution of the offense shall only be discretionary in the instance where the law enforcement officer issues a summons to the person accused. If the law enforcement officer makes a physical arrest of the person accused, the handgun and the person's license to carry such handgun shall be seized.

C. Whoever commits the offense of negligent carrying of a concealed handgun shall be fined not more than five hundred dollars, or imprisoned without hard labor for not more than six months, or both. The adjudicating judge may also order the forfeiture of the handgun and may suspend or revoke any permit or license authorizing the carrying of the handgun.

Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996.​

So this is really not constitutional carry..

It is. You just can't carry while drunk. Or at airports (past security). Or at courthouses. None of these are unreasonable restrictions.

 

[dantheman]

Thank you .

 

[Xeon64]

I've referenced the laws, below. But the TLDR is this:
Carrying a concealed handgun while intoxicated is classified as "Negligent Carrying of a Concealed Handgun."

The new law doesn't make this law go away. It just allows people to carry without a permit. If you break this law, your handgun will get seized and you will likely go to jail.

Laws:

Louisiana Laws - Louisiana State Legislature

www.legis.la.gov

I.(1) No individual to whom a concealed handgun permit is issued or a person carrying a weapon pursuant to R.S. 14:95(M) may carry and conceal such handgun while under the influence of alcohol or a controlled dangerous substance. While a permittee is under the influence of alcohol or a controlled dangerous substance, an otherwise lawful permit is considered automatically suspended and is not valid. A permittee shall be considered under the influence as evidenced by a blood alcohol reading of .05 percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.

(2) A permittee armed with a handgun in accordance with this Section or a person carrying a weapon pursuant to R.S. 14:95(M) shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer is made aware that an individual is carrying a concealed handgun and the law enforcement officer has reasonable grounds to believe that the individual is under the influence of either alcohol or a controlled dangerous substance, the law enforcement officer may take temporary possession of the handgun and request submission of the individual to a department-certified chemical test for determination of the chemical status of the individual. Whenever a law enforcement officer is made aware that an individual is behaving in a criminally negligent manner as defined under the provisions of this Section, or is negligent in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement officer may seize the handgun, until adjudication by a judge, if the individual is issued a summons or arrested under the provisions of R.S. 40:1382. Failure by the permittee to comply with the provisions of this Paragraph shall result in a six-month automatic suspension of the permit.

Louisiana Laws - Louisiana State Legislature

legis.la.gov

§1382. Negligent carrying of a concealed handgun

A. Negligent carrying of a concealed handgun is the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun, under the following circumstances:

(1) When it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge.

(2) When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.

B. It shall be within the discretion of the law enforcement officer to issue a summons to a person accused of committing this offense in lieu of making a physical arrest. The seizure of the handgun pending resolution of the offense shall only be discretionary in the instance where the law enforcement officer issues a summons to the person accused. If the law enforcement officer makes a physical arrest of the person accused, the handgun and the person's license to carry such handgun shall be seized.

C. Whoever commits the offense of negligent carrying of a concealed handgun shall be fined not more than five hundred dollars, or imprisoned without hard labor for not more than six months, or both. The adjudicating judge may also order the forfeiture of the handgun and may suspend or revoke any permit or license authorizing the carrying of the handgun.

Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996.​

It is. You just can't carry while drunk. Or at airports (past security). Or at courthouses. None of these are unreasonable restrictions.

.05 means if you drank one beer you are over the limit.

 

[AustinBR]

.05 means if you drank one beer you are over the limit.

Depends on the person.

One beer absolutely does not get me above 0.05. We've even confirmed this with a really fancy breathalizer.

 

[brian.ebarb]

I've referenced the laws, below. But the TLDR is this:
Carrying a concealed handgun while intoxicated is classified as "Negligent Carrying of a Concealed Handgun."

The new law doesn't make this law go away. It just allows people to carry without a permit. If you break this law, your handgun will get seized and you will likely go to jail.

In the past, I've framed concealed carry with a permit as an illegal activity with certain legal exceptions. Now, I'm wondering if I'll have to re-frame it as a legal activity with certain illegal exceptions.

 

[SVT Bansheeman]

So this is really not constitutional carry..

O fcourse it isn't. You have to be 18, a resident and there's still all sort of restrictions where you can go as you had when you needed the permit.

Anyway, I forgot we go to Mississippi every so often and they recognize our permit. Yet another reason to keep mine.

 

[AustinBR]

O fcourse it isn't. You have to be 18, a resident and there's still all sort of restrictions where you can go as you had when you needed the permit.

Which of the restrictions would need to go away to make it a true "constitutional carry" in your opinion?

 

[Xeon64]

Which of the restrictions would need to go away to make it a true "constitutional carry" in your opinion?

All of them.

 

[AustinBR]

All of them.

So....carrying on a commercial airplane is something you think people should be allowed to do?

 

[Xeon64]

There was a time when that was allowed. Not a good idea thou.

 

[AustinBR]

There was a time when that was allowed. Not a good idea thou.

My stance is that constitutional carry allows you to carry with reasonable restrictions, just as the first amendment allows freedom of speech....with reasonable restrictions. You can't yell "fire" in a movie theater and you can't use speech to incite violence.

Now folks can carry however they choose in what is likely more than 99% of the state. A few reasonable exceptions apply: jails, courthouses, on airplanes, while intoxicated, and etc.

 

[Horrible]

O fcourse it isn't. You have to be 18, a resident and there's still all sort of restrictions where you can go as you had when you needed the permit.

Anyway, I forgot we go to Mississippi every so often and they recognize our permit. Yet another reason to keep mine.

MS is also a Constitutional Carry state, so no permit required to carry

 

[AustinBR]

MS is also a Constitutional Carry state, so no permit required to carry

But MS has an "Enhanced Carry Permit" that allows folks to carry into additional places that those exercising constitutional carry cannot:

Why You Should Obtain The Mississippi Enhanced Permit | Mississippi Concealed Carry Class And Resources

The State of Mississippi will issue you a basic (non-enhanced) concealed carry permit without taking any training. However, an enhanced permit does require

mississippi.concealedcarry.com

 

[Horrible]

My stance is that constitutional carry allows you to carry with reasonable restrictions, just as the first amendment allows freedom of speech....with reasonable restrictions. You can't yell "fire" in a movie theater and you can't use speech to incite violence.

Now folks can carry however they choose in what is likely more than 99% of the state. A few reasonable exceptions apply: jails, courthouses, on airplanes, while intoxicated, and etc.

I guess I can understand airplanes, courthouses, and jails but many “gun-free” zones (schools, college campuses to name a few) are simply victim disarmament zones and have only led to active shooters piling up huge body counts (VA Tech) without any worry of someone firing back

 

[Horrible]

But MS has an "Enhanced Carry Permit" that allows folks to carry into additional places that those exercising constitutional carry cannot:

Why You Should Obtain The Mississippi Enhanced Permit | Mississippi Concealed Carry Class And Resources

The State of Mississippi will issue you a basic (non-enhanced) concealed carry permit without taking any training. However, an enhanced permit does require

mississippi.concealedcarry.com

Thank you for the info! Learn something new everyday

 

[AustinBR]

I guess I can understand airplanes, courthouses, and jails but many “gun-free” zones (schools, college campuses to name a few) are simply victim disarmament zones and have only led to active shooters piling up huge body counts (VA Tech) without any worry of someone firing back

I agree with you.

I would LOVE for schools to catch up and setup programs for staff to get training to carry firearms. It would be great if there were resources to allow for that, but man the LA school systems are so far behind in general that this will be one of the last things the state throws money at.

 

[Xeon64]

But MS has an "Enhanced Carry Permit" that allows folks to carry into additional places that those exercising constitutional carry cannot:

Why You Should Obtain The Mississippi Enhanced Permit | Mississippi Concealed Carry Class And Resources

The State of Mississippi will issue you a basic (non-enhanced) concealed carry permit without taking any training. However, an enhanced permit does require

mississippi.concealedcarry.com

This says MS will issue you a basic permit. Does that mean I have to get a permit still and it is free?