laws on being caught with a concealed weapon

[4sooth]

Vermiform---I work in the city(New Orleans) quite often.The trucks I use do not have air cond.We frequently go in bad areas with the windows down.a favorite trick of the rif-raf is to reach into your vehicle at at a stop light and grab things from the seat---generally a purse but most wouild grab a firearm if presented the chance.

What I do is to place the weapon inside my pants just over my right hip where it is readily available.Having to retrieve the gun from the glovebox is too slow if someone comes up to the vehicle.

I have had to point firearms at people on more than one occasion to keep them from getting in my car or truck at a stoplight.

 

[Y.T.]

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.

When cops start making what lawyers make then they will start learning every law there is in book. It's simple really. If you want quality personell then you have to pay a quality salary.

 

[spanky]

Where can I purchase some law books to carry with me incase I ever get harassed?

 

[jeremyws1]

When cops start making what lawyers make then they will start learning every law there is in book. It's simple really. If you want quality personell then you have to pay a quality salary.

I am not asking cops to know the entire law code, but they should only arrest someone on violations they KNOW. Just because cops THINK ("truthiness" is a good word here) an act is wrong doesn't give them the right to arrest someone. Don't enforce a "fake" law. Is that asking too much at any pay grade?

http://en.wikipedia.org/wiki/Truthiness

 

[penguin]

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?

I agree, it would be hard to draw from a sitting position if concealed, but if someone wanted to, so be it.

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?

I would be wary of pulling the gun from your person as the officer is walking up. You're obligated to tell them you are carrying and it would be a very wise thing to do if you have it concealed on your person (especially if he asks for you to step out). However, I've had my pistol next to me when I've been pulled over and all the officer did was run a check on my name ( guess to make sure I wasn't a felon or had any warrants). He gave me no issue with my sidearm being in my car after that (Slidell PD).

 

[penguin]

When cops start making what lawyers make then they will start learning every law there is in book. It's simple really. If you want quality personell then you have to pay a quality salary.

You don't become a cop for the pay. If the answer to a police officer NOT wanting to learn the law as it pertains to his duties (I'm not talking about interpretation or the spirit, rather just the letter) is his low pay, then they need to find a new line. Saying pay is an excuse is without merit. If a cop were to say "hey, I would learn what codes are out there that I am expected to enforce but they don't pay me enough to learn everything" they they need to turn their badge in.

No one is asking them to learn every law in the book. That's in impossibility. But don't you think that they should know what the laws are in regard to carrying a weapon? That would be a biggie in my book. I mean, they can delay the class on farm conveyances, but the gun thing is kind of important.

I do agree that the pay needs to be substantially higher. However, you don't strap a bullet proof vest and sidearm and go out LOOKING for the bad guys because the PD ended up paying more than Home Depot.

 

[Top Kek]

Where can I purchase some law books to carry with me incase I ever get harassed?

if i were a LEO and you pulled some book out and started citing from it, i'd probably hit you over the head with it.

the side of the road isn't the place to make your plea.

 

[jeremyws1]

if i were a LEO and you pulled some book out and started citing from it, i'd probably hit you over the head with it.

the side of the road isn't the place to make your plea.

That is exactly the problem. One would have to go through the court BS even though he or she is clearly innocent.

 

[Y.T.]

You don't become a cop for the pay. If the answer to a police officer NOT wanting to learn the law as it pertains to his duties (I'm not talking about interpretation or the spirit, rather just the letter) is his low pay, then they need to find a new line. Saying pay is an excuse is without merit. If a cop were to say "hey, I would learn what codes are out there that I am expected to enforce but they don't pay me enough to learn everything" they they need to turn their badge in.

No one is asking them to learn every law in the book. That's in impossibility. But don't you think that they should know what the laws are in regard to carrying a weapon? That would be a biggie in my book. I mean, they can delay the class on farm conveyances, but the gun thing is kind of important.

I do agree that the pay needs to be substantially higher. However, you don't strap a bullet proof vest and sidearm and go out LOOKING for the bad guys because the PD ended up paying more than Home Depot.

I believe you have missed my point. My argument is that if you want better people (people that take the time to learn the laws) then you have to pay a better salary. This holds true for whatever kind of business you are talking about. The more you get payed, the more motivated you are.

Yes, the cops should learn the laws regardless of whatever they make. Will they though?

 

[4sooth]

Knowing the law

Spanky---TheAntiRice here are two decisions--one a Attorney General's and the other is from the Louisiana Supreme Court(circa1995).

Print these out and carry a copy of them with you in the glovebox or some readily accessible place----both show the right to carry openly and that no town,city,village or municipality may pass or enforce(legally) any law in conflict with these opinions.

State of Louisiana Opinion NO.78-0795,last part of the opinion---"the carrying of an exposed handgun is not illegal,except as provided in LSA R.S. 14:94.1." "Parishes and Municipalities MAY NOT ENACT ordinances regulating the carrying of illegal handguns because the state has pre-empted the legislative control and has IMPLICITLY AUTHORIZED THE CARRYING OF UNCONCEALED WEAPONS".

Note "unconcealed weapons" not just firearms.Knives,hatchets and various pointy-sharpy things carried openly are legal.There is no length rule or law in this state.Nor may any be passed except by the state.

State vs Ferrand S.O.2d 396 (1995) the last paragraph--"the public possession of an opely displayed handgun is not a crime in Louisiana and does not alone provide probable cause for an arrest".

Make copies of these and keep them with you.If stopped and the firearm comes into question--BE POLITE---and explain to the officer that he may not be aware of the actual law and ask to speak to a supervisor.Politely show them the decisions.

If they persist then simply submit to the arrest and start figuring how you will spend the money from the settlement.

Call the Gonzales PD and ask them what happens when you arrest someone for open carry!!!One of their officers as a matter of public record said "We don't care what the law is or what the Supreme Court says we are not having anyone carrying guns around here".

These remarks and the dept's actions have caused them no end of grief.

 

[jeremyws1]

If they persist then simply submit to the arrest and start figuring how you will spend the money from the settlement.

That's one way to get your taxes back.

 

[4sooth]

Good point---lets see---new AR,Les Baer 45---the possibilities are endless!!!

 

[Vermiform]

I believe you have missed my point. My argument is that if you want better people (people that take the time to learn the laws) then you have to pay a better salary. This holds true for whatever kind of business you are talking about. The more you get payed, the more motivated you are.

Yes, the cops should learn the laws regardless of whatever they make. Will they though?

I agree 100%. As pay increases, competition for that job class increases and you get a better quality of workers. Increased salary = increased standards employees are held too. Increase salary enough and then we could require all LEO to have a collge education and pay tuition for those who don't.

LEO have always been underpaid for the amount of work they do and ammount of ******** they put up with. They are forced to face life threatening situations daily with one arm tied behind their back by politics all the while being second guessed by their superiors and ostracized by the media.

This of course excludes all BATF "Agentz". They are the epitome of corruption and misconduct. The Second Amendment will never be safe until that entire "politi-Bureau" is disbanded and outlawed forever.

 

[spanky]

Call the Gonzales PD and ask them what happens when you arrest someone for open carry!!!One of their officers as a matter of public record said "We don't care what the law is or what the Supreme Court says we are not having anyone carrying guns around here".

These remarks and the dept's actions have caused them no end of grief.

I have a CWL so i dont have to worry about open carry but I would be interested to know what officer had issues with arresting someone. Please do tell.

 

[Y.T.]

Spanky---TheAntiRice here are two decisions--one a Attorney General's and the other is from the Louisiana Supreme Court(circa1995).

Print these out and carry a copy of them with you in the glovebox or some readily accessible place----both show the right to carry openly and that no town,city,village or municipality may pass or enforce(legally) any law in conflict with these opinions.

State of Louisiana Opinion NO.78-0795,last part of the opinion---"the carrying of an exposed handgun is not illegal,except as provided in LSA R.S. 14:94.1." "Parishes and Municipalities MAY NOT ENACT ordinances regulating the carrying of illegal handguns because the state has pre-empted the legislative control and has IMPLICITLY AUTHORIZED THE CARRYING OF UNCONCEALED WEAPONS".

Note "unconcealed weapons" not just firearms.Knives,hatchets and various pointy-sharpy things carried openly are legal.There is no length rule or law in this state.Nor may any be passed except by the state.

State vs Ferrand S.O.2d 396 (1995) the last paragraph--"the public possession of an opely displayed handgun is not a crime in Louisiana and does not alone provide probable cause for an arrest".

Make copies of these and keep them with you.If stopped and the firearm comes into question--BE POLITE---and explain to the officer that he may not be aware of the actual law and ask to speak to a supervisor.Politely show them the decisions.

If they persist then simply submit to the arrest and start figuring how you will spend the money from the settlement.

Call the Gonzales PD and ask them what happens when you arrest someone for open carry!!!One of their officers as a matter of public record said "We don't care what the law is or what the Supreme Court says we are not having anyone carrying guns around here".

These remarks and the dept's actions have caused them no end of grief.

Ummm, this thread is about concealed weapons. What does this have to do with anything.

 

[LouisianaCarry]

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.

Please cite a single case of that happening.

 

[LouisianaCarry]

This could, very quickly, degenerate into another slug-fest like that ridiculous open-carry thread on GlockTalk awhile back. Ain't happening on my end.

I can only imagine you mean this thread: http://glocktalk.com/showthread.php?s=&threadid=589255 (maybe I am wrong).

Look, LSP972, I have tried ot be respectful to you thusfar. You have illustrated on more than one occaision that you are not interested in the letter of the law, only the nuances. I am not faulting you for that, many LEOs are the same way. Not everyone has time to research the law. However, when you become aware that something is indeed not illegal, why don't you start fighting for people's rights instead of spreading fear tactics around everywhere?

From that thread (speaking about a mindset that you defend):

Originally posted by MalumProhibitum
Those "cops" need to get a new job.

That is why they call it law enforcement, not "opinion enforcement."

And my final words from that thread:

Originally posted by atimetobuild
LSP- we keep misunderstanding each other. I was not trying to imply that you do not care about the law. I was saying that it SOUNDED like you were saying that the quote from the Gonzales officer is the LIKELY scenario when open carry happens.

Please stop being insulting to me. It has not been my intention to attack or retaliate since this thread started. You, however have:
analogized talking to me as similar to talking to a pig
seemed to imply I was a non-native (Yankee liberal maybe?) who needed to get out of the South
implied that I might be RETARDED to be exploring the concept of OC

and so on.

I simply like the law, and was trying to have a civil conversation with other gun / law enthusiasts about it. I do not feel that the repeated attacks on my character are warranted.

Again, sorry if I upset you at any time. I know sometimes it is easy to misread others' tones and intentions in this impersonal medium of electronic type. It was never my intention to cause affront. HOWEVER, since I seem to keep being attacked despite my continued attempts to make peace and clarify my position, I feel that I am warranted in bringing up something.

Certain individuals in life are (and should be) held up to higher standards than others.

Me, for example, when I am around my employees. I am expected to set an example of professionalism and integrity. If I am "just one of the guys," I make way for a disintegration of productivity and efficiency.

Me, for example again, when I am working with youth in my ministry, or when I am teaching a lesson at church. If I turn around start emotionally abusing my own children, that offense is even more grievous because I have been put forth as a teacher or leader.

Judges, Pastors... many people (like it or not) have a moral responsibility to reign in their tongue and treat others with more respect than they otherwise might, if they were only representing themselves. I put forth the thought to you (I know I am probably going to upset you, and I don't necessarily want to, but I have accepted enough abuse at this point to feel the risk is appropriate) that if you are going to use a handle like LSP, you are putting yourself forth as one of Louisiana's role models. I ask you, as a fellow Louisianian and human being, to please treat others with more respect if you are putting yourself forth as an Officer of this Great State.

One last time, I am sorry that I am having to say things that are likely to upset you. Please try to consider that my intention is not to upset, but to put forth a Truth that needs to be addressed. I would not do so in this public forum if
1) I have not been affronted repeatedly myself in this same thread
and 2) I did not think that other people might not benefit as well from reading these thoughts.

One last time: case law and the written law are on our side. That is a fact. Deal with it.

 

[dawg23]

I still ain't no lawyer - but.......

If I can carry concealed in my home,

AND

If my car is constitutionally designated to be an extension of my home,

THEN

I believe I can carry concealed in my car (even if my Concealed Handgun Permit were to expire).

But that's just my opinion.

 

[LouisianaCarry]

I still ain't no lawyer - but.......

If I can carry concealed in my home,

AND

If my car is constitutionally designated to be an extension of my home,

THEN

I believe I can carry concealed in my car (even if my Concealed Handgun Permit were to expire).

But that's just my opinion.

Technically, that is correct. I would venture to say, though, that there are several LEOs that would pop you for it (people get charged with bogus stuff all the time- that is why we have Appeals Courts). I should think you could certainly win the case, or at least an appeal. Especially since the law specifically outlines vehicles as constitutionally protected. I hope to get an AG opinion on that, though, as soon as I can find an elected official to rubber-stamp my requests.

 

[gunz4me]

Wow, I am surprised no one has ever mentioned this, but I do pose a question:

Do you know how hard it is to draw your IWB concealed handgun while in a vehicle?

I am sorry, but concealed carry while in the vehicle is virtually useless to me because my guns are too damn hard to get to while sitting down and belted in. That is why I put my CCW pistol between the passenger seat and console while driving!