Disturbing the peace

[LouisianaCarry]

I hear this all the time. "You can be charged with disturbing the peace for openly carrying a weapon."

I am not saying this has never happened, but it would surprise (and upset) me.

Can anyone please post any case where someone was indeed charged thusly?

I am not at all meaning people who were charged with a disturbance while carrying (eg. not leaving after being asked to), I am meaning an instance where someone was charged with disturbing the peace simply for open carrying.

Please post a link to the case, or the docket/text.

Thanks.

 

[chadwickMS]

what about the mark machifavia (sp?) deal in gonzales, what was it he was charged with? Or was he actually ever formally charged...?

 

[chadwickMS]

by the way here is the LA statute on DTP for y'all's convenience:

RS 14:103

SUBPART C. OFFENSES AFFECTING THE GENERAL PEACE AND ORDER

§103. Disturbing the peace

A. Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public:

(1) Engaging in a fistic encounter; or

(2) Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty; or

(3) Appearing in an intoxicated condition; or

(4) Engaging in any act in a violent and tumultuous manner by any three or more persons; or

(5) Holding of an unlawful assembly; or

(6) Interruption of any lawful assembly of people; or

(7) Intentionally engaging in any act or any utterance, gesture, or display designed to disrupt a funeral, funeral home viewing, funeral procession, wake, memorial service, or burial of a deceased person.

(8) Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering with access into or from any building or parking lot of a building in which a funeral, wake, memorial service, or burial is being conducted, or any burial plot or the parking lot of the cemetery in which a funeral, wake, memorial service, or burial is being conducted.

B.(1) Whoever commits the crime of disturbing the peace shall be fined not more than one hundred dollars or imprisoned for not more than ninety days, or both.

(2) Whoever commits the crime of disturbing the peace as provided in Paragraphs (A)(7) and (8) of this Section shall be fined not more than one hundred dollars or imprisoned for not more than six months, or both.

Amended by Acts 1960, No. 70, §1; Acts 1963, No. 93, §1; Acts 1968, No. 647, §1; Acts 1979, No. 222, §1; Acts 2006, No. 805, §1.

 

[LouisianaCarry]

I forget what he was charged with, but this was a special case. His arrest was politically motivated, and the PD was getting sued in Federal Court last time I heard an update. I have spent several hours searching the internet for contact information for him or his lawyer, but all the numbers and email addresses I found are not good anymore.

He had upset some local lawmakers by being a civil rights activist, and they arrested him more than just that time at the Tanger Outlet because of it.

 

[LouisianaCarry]

RS 14:103

Thank you. I should have posted that, myself. As you can see, simply having a holstered weapon falls nowhere in that list.

 

[LouisianaCarry]

Still awaiting any cases...

 

[southernk9cop]

You probably aren't going to find any. I've never heard of anyone being charged with DTP for carrying only. A "disturbance" caused by open carrying would probably end up with charges other than DTP.

Say you go into Walmart. They don't have a sign up on the door saying you can't carry on their property....which is their right due to the whole private property thing. Someone reports it to Walmart management, who in turn reports it to local LEO's. The managers wait until the LEO's get there. You are then approached. You (not meaning you specifically, a general you) get pissed because it is your constitutional right to carry a firearm. You then start yelling and let out an expletive while you are angry. You would then get charged with DTP under (A)2. If you refuse to exit the building and place the weapon in your car then you could be charged with remaining after being forbidden, and resisting when you get drug out the front door.

And yes, some people take it to extremes when they could just say...."I won't shop here as long as this policy is in place". Walmart doesn't give a crap, but at least you tried.

If you run across any case where someone was charged directly for that, let us all know.

 

[LouisianaCarry]

Your example I totally believe.

The answer is, of course, have some respect and don't be stupid.

 

[vsound]

The Marchiafava case is still pending, but it looks like it's going nowhere quickly. It's turned into a battle between his lawyer, the infamous Ashton O'Dwyer, and the Judge, Christine Noland.

However, the case is Marchiafava suing the Gonzales PD, not GPD pressing criminal charges on Marchiafava. The charges agains Marchiafava were dropped once it got to the prosecutor's office.

 

[Jon]

However, the case is Marchiafava suing the Gonzales PD, not GPD pressing criminal charges on Marchiafava. The charges agains Marchiafava were dropped once it got to the prosecutor's office.

I'm glad.

 

[4sooth]

In State vs Ferrand the Louisiana Supreme Court in diciding for the defendent said "The public display of a openly carried handgun IS NOT A CRIME in Louisiana and alone is not cause for arrest".

"Is not a crime" is the crux here.Open carry is not ANY KIND of crime.Not disturbing the peace,creating a disturbance,alarming the public,scaring the sheep or some other inventive charge.It is not legal for a police officer to approach you only on the basis of your OC'ing a firearm.If,absent the firearm,your actions would be legal then there is no PC to approach.

Consider the 911 call "man with a boat paddle!"I don't believe the police would rush over to this event but would instead ask"What is he doing with the paddle?"

"Well he is walking along the road"

"Okay--call us if he does something illegal"

We need to educate the public,the police and the lawmakers so this would be the response instead of Swat call outs and heavy handed arrests.

 

[CajunTim]

Handgun only or can you have a rifle slung?

 

[Vermiform]

OK, what if I am open carrying..........butt ass naked.......

 

[LouisianaCarry]

Handgun only or can you have a rifle slung?

There are no laws against either that I am aware of. I am not advising it, just making an observation.

 

[LouisianaCarry]

OK, what if I am open carrying..........butt ass naked.......

Post pics.

 

[Vermiform]

Nuh uh!

 

[chadwickMS]

Post pics.

Please don't. KPLZTHX.

 

[jphilp87]

The answer is, of course, have some respect and don't be stupid.

I think this pretty much sums this one up!

 

[mark edward marchiafava]

In the Marchiafava case, the exact charge was LRS 14:95, illegal carrying of a weapon. If you read it, I was not in violation of any subsection thereof. Hence, the DA, Tony Falterman, had enough sense to realize it. There were NO other charges.

 

[CEHollier]

If you are open carrying and asked by the management of a store or a LEO on their behalf to leave and you leave peacibly I find it hard to believe you would be charged with DTP. Start yelling, cursing, or making a scene you may be charged. If you are asked to leave go peacibly. You gain nothing from creating a scene. Contact the company's corporate headquarters and take it up with them. Being an ass makes all gun owners look bad.