Louisiana Open carry thread over at THR

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  • jmcrawf1

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    Jan 20, 2008
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    Reading that guy's story made me mad on so many levels. Even though he's 19, I hope the kid fights the good fight and doesn't lay down and take it in the a$$.

    It scares me, as someone who occasionaly OC's and someone who's young and with limited resources that in my state, I may be facing an expensive legal battle for excercising my legal right. I mean, the kid obeyed the business owner and put the gun in the car, non-incident.

    UGH! :mad:
     

    4sooth

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    Harahan Open Carry Mishap

    Chibajoe--I posted the relevant La. Supreme Court cases for Comfortador over on THR.These are State vs Fluker and State vs Ferrand.Both of these indicate the open carry of a firearm is perfectly legal in this state--in fact it is prescribed by our State Constitution.

    My attorney and I talk about open carry frequently.Until we met he did not know that open carry was legal(he is a criminal defense lawyer) and he said he wished he knew this long ago for it would have saved him (and his clients)much grief.

    It is of note that none of the officers actions were legal and therefore in this state they are not protected under color of law.Louisiana does not offer qualified imunity--only partial immunity.

    I will offer several reasons for the officers actions.

    Most police depts in this state do not like the idea of the citizenry going around armed--the law not withstanding.In compounding this the local courts will often suborn this atitude.You would be exonerated at the next higher court but the system is counting on individuals at or below certain economic levels not being able to mount effective defense.And so you have the actions of the Harahan PD.In short--they are accustomed to "getting away"with these types of actions.

    Another causal is the judiciary themselves.A friend who is a firearms trainer questioned a local judge about open carry after I gave him copies of Fluker and Ferrand.His honors grudging reply was that while it was legal "the mood of the court is that it should not be permitted".So here you get what I call a "home town" decision which invariably sides with the actions of the local constabulary--proper or not.

    Of note is the Gonzales PD who performed the same type of arrest and are now being sued for various infactions of state constitutional rights.

    As soon as I figure how I will post State vs Fluker and State vs Ferrand on this forum for any and all to copy.Keep these with you to show to the police.
     

    Slow

    I Support Human Culling
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    Jan 23, 2008
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    that situation is a disaster. i cant say i am surprised though. it is a sad day when someone who cooperated with the police and the wishes of the private establishment, is slapped with a citation of udder ********. its a disgrace, it makes those officers look like a bunch of bumbling morons who should be immediately relieved of their position as law enforcement officers.

    that kid is going to go through months and months of ********, not to mention drive himself into debt trying to clear this crap up.

    he better do all he can. i got my fingers crossed.
     
    Last edited:

    chibajoe

    Pratertium terminus est
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    I just checked in on that thread; man, what a bunch of chicken shits over there! Can you believe those two guys who are actively railing against the kid for OCing? So, has anybody heard from the OP of that thread?
     

    LouisianaCarry

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    The courts disagree, as they should, since that is completely ridiculous. Your choices would, if that were true, be only between concealment or brandishing.

    State v. Fluker 311 So. 2d 863 said:
    La. R.S. 14:95(A)(1) (1950), as amended, La. Acts 1968, No. 647, § 1.
    Clearly, the present version of the statute differs from its predecessors by requiring intentional concealment. Thus, the old formula, which required that the weapon be carried in full open view, is obsolete. By making the offense of concealment a crime of specific intent, the legislature has abandoned the old rule that a partially hidden weapon is a concealed weapon in favor of a more realistic proscription that contemplates that a weapon, although not in "full, open view," is nonetheless not a "concealed" weapon if it is sufficiently exposed to reveal its identity. If the weapon is carried in a manner that reveals its identity, its carrier cannot be presumed to have intended to conceal it and, accordingly, is not in violation of the statute.
     

    mark edward marchiafava

    mark edward marchiafava
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    Mar 1, 2008
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    I'm tired, no, I'm BEYOND tired of these, exact sets of circumstances being replayed all over the state and the country. It's time for the truly faithful to create a fund to litigate against these criminal cops. ALL proceeds from any victories would go back into the fund. Monthly dues, $25 or so, should get it up and rolling. We'd need ONE dedicated, HONEST attorney, one who has a passion for our cause.
    Comments?
     

    LouisianaCarry

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    I posted on that other thread for the OP to get with me, and maybe we could have a raffle or something to help him out. I had others PM at THR wanting to be a part of that. He has yet to respond.

    I like your idea, though. There is certainly an element in LE that doesn't care about the law, but only about enforcing their opinions. If we could jump all over that, like the VCDL does in VA, we could do alot to make the citizenry more secure.

    I have been looking for a pro-gun lawyer willing to get involved for awhile yet. I have had a few Circuit Court judges up here in North LA see what we are doing, and express their gratitude, but no actual lawyers seem to have the time/inclination to get involved. Like I said the other day, I am thinking hard about going to school to get a Law degree to do just this- pursue municipalities for civil rights violations. People that overstep the law need to get smacked for it.
     

    mark edward marchiafava

    mark edward marchiafava
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    Until you finish 6 years of law school, consider this. If one of us could appear before a grand jury, present testimony/evidence of CRIMINAL wrongdoing by the rogue cops, have them indicted/prosecuted under CRIMINAL law.
    This is how you overcome all attorney's objections of:
    1. it's not polite to litigate against cops;
    2. I've got to practice law for years to come in front of these judges;
    And at the same time, you won't be affected by judges who will "allow" civil rights suits against cops but limit "awards" as a deterrent to others who have been violated by the thin blue line.
     

    George

    Don't tase me bro!
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    Sep 18, 2006
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    So how would you open carry? Duct tape?

    i dont have to worry. If i OC ill ahve a badge sitting next to it.

    For civies: Id carry conceald. I dont want a would be criminal who was about to rob me know i have a gun, cause when i pull it to defend myself id like to see his expression on his face.

    then again, i really dont know why people would want to OC. I personally dont like people around me knowing what im carrying.
     

    George

    Don't tase me bro!
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    Until you finish 6 years of law school, consider this. If one of us could appear before a grand jury, present testimony/evidence of CRIMINAL wrongdoing by the rogue cops, have them indicted/prosecuted under CRIMINAL law.
    This is how you overcome all attorney's objections of:
    1. it's not polite to litigate against cops;
    2. I've got to practice law for years to come in front of these judges;
    And at the same time, you won't be affected by judges who will "allow" civil rights suits against cops but limit "awards" as a deterrent to others who have been violated by the thin blue line.

    Cops also work under GOOD FAITH.

    Ill give a quick example. 2 brothers call in and say they heard some people outside their door saying they were going to rob them. The brothers call the cops. Cops get there talk to the brothers and see no one around their residence.

    Couple hours later get the same call. Arrive and as cops are wlaking up to the residence Dispatch says the caller says they are in the apt and have guns. cops set up SWAT is called out after 5 hours the brothers are finally talked out of the house.(brothers were inside the bathroom with a gun and their mom, scared) Residence was searched no one founf besides the brothers and mom. Brother's were tkaen into Protective Custoday adn brought to the hospital for Mental Eval. GUN was taken and placed into Found property, for safe keeping.

    come to find out the brothers had been doing COKE and were wigging out.

    were the cops wrong for taking the gun??? Techincally the gun could have been given to the mother right? or is it GOOD FAITH to take it so that this doesnt happen again when they get released, until they are Evaled and Dr's decided?
     

    mark edward marchiafava

    mark edward marchiafava
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    Okay, and what association does that have with my post?
    Some cops "work under good faith," most work under the premise that THEY are the law, the rule of law be damned.
    I could write a book on this subject, all drawn from firsthand experience.
     

    George

    Don't tase me bro!
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    Okay, and what association does that have with my post?
    Some cops "work under good faith," most work under the premise that THEY are the law, the rule of law be damned.
    I could write a book on this subject, all drawn from firsthand experience.

    well i could say most gun carrying people are crazy and shouldn't carry a gun.

    I understand your point and im not saying there aren't those types of Cops out there, but you can't punish a whole for a part.


    oh and there is a book its called "The Great New Orleans Gun Grab".

    ive just started reading this and ya'll should check it out

    http://www.neworleansgungrab.com/
     
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