I was wondering what would be the law on being caught with a concealed weapon? Heres the thing. Lets say you were walking down the street and a cop stopped you and you had your pistol under your shirt. What would you think would happen?
laws on being caught with a concealed weapon
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You mean what would be the punishment, right? Well, if you were walking down the street and a cop thought you were up to no good and he searches you (for the sake of argument, it's a legal search) and he finds a concealed weapon on you, I can pretty much guarantee that you'll become friends with the back of the cruiser.
a quick pat down search for weapons is perfectly legal if done in the interest of officer safety with reasonable suspicion.
can they pat down every walking down a random street? no. can they make contact with you and based upon your behavior, location, time, circumstance, etc., make a call to search you? yes.
Its one of those split second decisions an officer must make hundreds of times a night that would take a room full of harvard law grads two months to argue.
As for the consequence...LRS 14:97, titled Illegal Carrying of Weapons, reads
illegal carrying of weapons with a controlled dangerous substance is an automatic felony as well.
can they pat down every walking down a random street? no. can they make contact with you and based upon your behavior, location, time, circumstance, etc., make a call to search you? yes.
Its one of those split second decisions an officer must make hundreds of times a night that would take a room full of harvard law grads two months to argue.
As for the consequence...LRS 14:97, titled Illegal Carrying of Weapons, reads
Fines go up if the weapon was used in a crime, as well as subsequent convictions. second offense becomes a felony, and possession of a stolen firearm is an automatic felony.
illegal carrying of weapons with a controlled dangerous substance is an automatic felony as well.
thanks, now heres a better circumstance. lets say I was in my car and had my pistol on me concealed, and the officer makes me get out of my car and asks me if I have any weapons on me and I say yes and pose no threat to him and he gets the gun. What do you think would result in that action?
if your in the car and the pistol is on your person and you don't have a valid CCP, it is illegal carrying of weapons. Think about it... do you have the weapon concealed on your person? check. do you have a permit allowing you to conceal a weapon on your person? negative. The fact that its in a car doesnt matter. Alot of people say "your car is an extension of your home", thats wrong, you dont have near the right to privacy in a vehicle as you do in your home. you have some, but not nearly as much.
you can have the weapon in the car anywhere you want, just not concealed on your person.
you can have the weapon in the car anywhere you want, just not concealed on your person.
Wrong. There have been NUMEROUS Supreme Court and appellate court decisions saying otherwise. You can have a weapon in your car ANYWHERE. Even totally concealed on your person. The right to privacy has nothing to do with the right to maintain your weapon in any fashion on your person whether you be in your car or your house. HOWEVER, the moment you step out of the car with that weapon on your person, concealed, without a CHP, you are now in violation of the law. If I were stopped and had a weapon on my person in the car and it was concealed and I was arrested for having a concealed weapon on my person while in my car you could bet I would file a civil complaint in that matter. And you can bet I would win. If you think otherwise you're 10-73
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In Louisiana you can carry a concealed handgun in your home, in your car (which is constitutionally an extension of your home, or in a business that you own (as long as is isn't a bar) without a Concealed Handgun Permit.
Concealed carry "everywhere else" in Louisiana, (e.g. Wal-Mart, Home Depot, your local convenience store) requires a permit. Of course there are certain places where concealed carry is prohibited by law, such as courtrooms, police stations, churches, polling places, etc.
Concealed carry "everywhere else" in Louisiana, (e.g. Wal-Mart, Home Depot, your local convenience store) requires a permit. Of course there are certain places where concealed carry is prohibited by law, such as courtrooms, police stations, churches, polling places, etc.
yes, a civil complaint. Louisiana law does not afford whole protection against filing charges against a LE agency.
I never asked for your approval nor your rating on my credibility. I do what I do and I am VERY good at it. In furtherance of the above; please expound. Explain WHAT LAW says that a person CAN NOT carry, ON HIS PERSON WHILE IN HIS AUTOMOBILE a weapon without a CHL? As a matter of fact, cite it right here and I'll be more than happy to admit I'm wrong. Just give me ONE case that hasn't been reversed or remanded regarding the above and I'll do same. Just ONE. That's all I'm looking for.
When you arrest someone that doesn't mean it's a legal or proper arrest. Just like when the legislature passes a law it doesn't mean it's enforceable. That's what the judiciary mets out. It's funny that alot of LEOs think they are attorneys. You may very well know what happens on the street, but Louisiana law is CERTAIN in what I said. I've divested myself from a few comments regarding what a LEO would do because they are the most qualified to answer what would happen in a particular situation. Now here comes someone who has spent 10 years in various courts and you try and say that wouldn't happen? Please.
And why is that? Because I want to support the LAW in the letter and spirit?
And what would be the proper mindset? Making an unlawful arrest because someone has a weapon on their person in their vehicle? So, are you saying, contradictory to state law, that if someone was pulled over for a moving violation and you asked them if they had any weapons and they said they had one on their person (while they are still in their car) you would arrest them for carrying a concealed weapon?
Sometimes just being a LEO isn't enough. People learn new things everyday. You even did on this board:
"I've been a state trooper for over 28 years; and I never knew the harbor cops in New Orleans were a state agency."
So if you come back by saying "well in the 28 years I've been...", just remember; you might not know it all (I'm not professing that I do - and anything inherent with LEO duties I won't comment on. What I will comment on is the judiciary and the laws themselves). It really is a shame that you feel so offended that someone who works on this side of the law rubs you the wrong way when they tell you about the law. I'm sitting here drafting on dilatory and peremptory exceptions as well as a Motion for Summary Judgment but I can't possibly know the law?
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Oh, and just to ensure that I wasn't misspeaking, I contacted the state AG's office and spoke with Agent Skeroe in investigations who confirmed that it is NOT illegal to carry a weapon, concealed on your person, in your car (he then stated that as soon as you step out of that car, it would be a different story). This was then confirmed with one of the attorneys (MeMe Hunley) in the AG's office. You can confirm if you'd need to by calling 225-326-3600.
If I'm talking out of my ass or if my info is way off base, please feel free to correct me. There is a hell of alot I don't know and there is alot that LEOs have knowledge of things I will be incorrect in. However, this is not one of those instances.
If I'm talking out of my ass or if my info is way off base, please feel free to correct me. There is a hell of alot I don't know and there is alot that LEOs have knowledge of things I will be incorrect in. However, this is not one of those instances.
Also, I want to point out that a serious discussion like this shouldn't devolve into a personal attack. Whether or not you agree with me LSP, why would you do so? I try to remain above that fray by stating my opinion, what I know and anything else I can offer without trying to tell the other person they are an ass (you generally will NEVER see me do that). People can have civil discourse WITHOUT resorting to petty name calling or derogatory remarks. I would hope that you could understand. We may not see eye to eye, but that doesn't mean either eye need be removed in spite.
I did a little looking around in my Wests book and can't find any reason to make me believe that having a weapon concealed on your person while in your car would be illegal.
Now having said that, would everyone please stop picking on the poor democrat.
Now having said that, would everyone please stop picking on the poor democrat.
West book? My dear boy, we need to get you into the 21st century with westlaw and Lexis-Nexis...lol. It's not illegal. Although there is no AG opinion, there are a few court cases that I can give you. I'll cite them in the morning when I get in the office. Yes, I'm a lowly demo. A demo whose party is in control of the house and senate
I guess saying 'I don't have the right mindset' isn't a personal attack? Wow, that mindset worked for 5 years in the Corps. I don't think you have the right mindset if you believe arresting someone for being within the law is proper and correct.
Yes, I am.
Tell me EXACTLEY where I said that. Please. Quote it. I want you to. You won't find it.
Again, QUOTE IT. What crawfishing? I said what I meant and I didn't back down or change my story. How is that crawfishing?
I didn't say that all democrats were like that. Again, you should re-read my quotes. I said centrist's. Should I post that here or can you find that on your own?
Your right. And if the reality is that a police officer would arrest me for carrying concealed in a car that means 1 of 2 things. 1) He DOES NOT know the law (sounds like you don't) or 2) He thinks he can make up the laws as he goes around. So, here's the question, WOULD YOU ARREST SOMEONE? I mean, since you 'aren't removed' from reality. Odd that the agents there usually have over 20 years of 'real world' experience and yet you would say they are far removed. But, what would I know. It seems you know everything there is about the law and the judiciary.
No that's not what others were trying to tell me. Do I need to quote or put up a PowerPoint slide for you? And that was never the point in the first place. The point was people saying it was illegal. As a matter of fact, you never before the above post said it WASN'T illegal.
Actually, I do know as much as I think I do. It's a shame that you are still stuck in that area where you think you know more than anyone. Ethics should play a big part in your job. If not, just turn your badge in. There is a reason why we have a police force. To usurp that duty and play by whatever rules you want to brings discredit to all the others who hold their position in an ethical fashion.
So answer this (as this is what it revolved around). If, during a routine traffic stop for a moving violation (illegal u-turn) and found NOTHING else wrong (including running his name) EXCEPT for the fact that the subject had a loaded concealed weapon on his person, would you arrest him? If so, what for and why?
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Wrong.
I have the answer to all of these questions posted in the Official Louisiana gun laws thread located HERE
Scroll down to the Misc State Gun Laws section, #7
7) Vehicle carry and transportation: Louisiana has no law covering firearms inside motor vehicles. Since there is no law, anyone who can legally possess a firearm can carry a loaded firearm inside a vehicle. It can be the glove box, console, under the seat, or concealed on one's person. Louisiana allows such carry. In Louisiana your vehicle is treated as an extension of your home so the castle doctrine extends to your motor vehicle.
It is indeed legal to have the firearm anywhere in your vehicle, including on your person without a permit. Upon exiting the vehicle, the firearm must be left inside the vehicle unless you have a CCW permit or un-conceal it and open carry. Open carry is legal without a permit.
Do your research people, cops are not lawyers. If you know the law, follow it, and are arrested anyway then they have to deal with the consequences later. If you don't know it, you will still face the judge. Ignorance is no excuse.
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Jeremyws1, I think it can go both ways. I can see how LSP972 would be worried about a situation arising wherein he has to protect himself or his partner. If it was just a straight up traffic stop with NO other infractions involved or nothing else to call for the need of arresting the individual, I could NOT see any reason to arrest a person for carrying a concealed weapon in their car. I'm still waiting on his response as to why he would. If he says that he would, I would then agree with your statement. And that would be one reason why alot of people have a disdain for LEOs. They expect them to enforce the laws, but if they don't enforce the laws as they are written and designed, what respect should be given them?
4sooth
enthusiast
Louisiana law
I recently had a conversation with a friend who teaches security personnel and also teaches CCW instructors. The topic of open carry in La. came up.
In his previous CCW class a student asked if open carry was legal in Louisiana.
Not sure of the law--he called a local judge.The judge stated that "the mood of the court is that civilians should not possess firearms so it should not be allowed".But he did not actually say it was or was not allowed.
I showed him various court decisions saying it is allowed and is in fact prescribed by the state constitution.After reviewing the documents I showed him he is going to contact the judge again!!!
The PD,the SO and even some local criminal defense lawyers have no idea open carry is legal.It is amazing that in this age of the internet there is so much mis=informatiion!
I have to thank atimetobuild for the information that open carry is indeed legal and the research I've been able to do as a result of one of his posts.
I recently had a conversation with a friend who teaches security personnel and also teaches CCW instructors. The topic of open carry in La. came up.
In his previous CCW class a student asked if open carry was legal in Louisiana.
Not sure of the law--he called a local judge.The judge stated that "the mood of the court is that civilians should not possess firearms so it should not be allowed".But he did not actually say it was or was not allowed.
I showed him various court decisions saying it is allowed and is in fact prescribed by the state constitution.After reviewing the documents I showed him he is going to contact the judge again!!!
The PD,the SO and even some local criminal defense lawyers have no idea open carry is legal.It is amazing that in this age of the internet there is so much mis=informatiion!
I have to thank atimetobuild for the information that open carry is indeed legal and the research I've been able to do as a result of one of his posts.
My .02:
What I don't understand is why anyone would chose to carry concealed in their vehicle. If you already have CCW and you are carrying, then that would explain why you had a concealed pistol on you in the vehicle. BUT....drawing a weapon from a CONCEALED LOCATION on your person in a SITTING and CONFINED position in a car would be a nightmare, especially under stress. So why would anyone without a CCW choose to do that in the first place?
Lets just pretend for a second that you don't have a CCW but are legally allowed to have a firearm. OK, for some reason you decide to carry a handgun concealed on your person while you are in your car and now you get pulled over.
The first thing I would do is remove that gun from my person, put it on the seat or in the glove box and then exit the vehicle. The first thing I would tell the officer is that there is a pistol in my vehicle when they ask. Would this be wrong?
What I don't understand is why anyone would chose to carry concealed in their vehicle. If you already have CCW and you are carrying, then that would explain why you had a concealed pistol on you in the vehicle. BUT....drawing a weapon from a CONCEALED LOCATION on your person in a SITTING and CONFINED position in a car would be a nightmare, especially under stress. So why would anyone without a CCW choose to do that in the first place?
Lets just pretend for a second that you don't have a CCW but are legally allowed to have a firearm. OK, for some reason you decide to carry a handgun concealed on your person while you are in your car and now you get pulled over.
The first thing I would do is remove that gun from my person, put it on the seat or in the glove box and then exit the vehicle. The first thing I would tell the officer is that there is a pistol in my vehicle when they ask. Would this be wrong?
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