lSU player arrested for weapons possession

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  • met7881

    Former Yankee
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    0   0   0
    Feb 26, 2013
    133
    18
    mandeville,La.
    Read an AP story that a LSU football player was arrested for illegal weapons possession during a Mardi Gras parade. Whats interesting in this AP article there was a statement that NOPD officers asked him if he had a permit. When he responded NO, he was arrested. So are CCW permit holders ok at Mardi Gras parades?
     

    John_

    Shooter
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    21   0   0
    Nov 23, 2013
    3,455
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    Hammond, LA

    source: http://www.lsp.org/handguns.html#prohibited

    PROHIBITED LOCATIONS

    R.S. 40:1379.3 (N) states that no concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

    • A law enforcement office, station, or building.
    • A detention facility, prison, or jail.
    • A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.
    • A polling place.
    • A municipal building or other public building or structure, only if the building or structure is utilized as the meeting place of the governing authority of a political subdivision.
    • The state capitol building.
    • Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage.
    • Any church, synagogue, mosque or similar place of worship, eligible for qualification as a tax-exempt organization under 26 U.S.C. 501, unless authorized by the person who has authority over the administration of the church, synagogue, mosque, or other similar place of worship.
    • A parade or demonstration for which a permit is issued by a governmental entity.
    • Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises.
    • Any school, school campus, or school bus as defined in R.S. 14:95.6.
     

    Jstudz220

    Well-Known Member
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    26   0   0
    Oct 14, 2020
    1,931
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    Harvey Louisiana
    So if someone who is legally able to purchase, own, and conceal carry a firearm is caught with one somehow on a parade route is that a felony or misdemeanor? Would that then make them a prohibited person? Assuming this individual is committing no other crime than carrying a firearm on a parade route. Anyone?
     

    gamma_ray

    Member
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    1   0   0
    Feb 12, 2013
    14
    3
    I believe the article said he was charged with a misdemeanor for illegal carrying of a weapon. There aren’t any parades running directly on Bourbon I don’t think. So it seems like the parade route thing is a non-issue in this case. It’s just that he was carrying without a permit. If I remember correctly the penalty for that is max fine of $500 and max sentence of 6 months so I don’t think he would be prohibited afterwards even if he served jail time. It’s certainly not a felony. I guess we have to wait and see what happens.
     

    drill sgt

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    Oct 19, 2019
    650
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    denham springs ,la
    LSU football player special treatment because they are now saying that charges will be dropped if he surrenders the weapon... .... permit or no permit it is still illegal to carry on or while at a parade as per the restrictions on carry restrictions.......... But just remember that these incedents are happening in "Chocolate City"/ " Big Easy" / "where the good time roll" / look at the criminal justice system at the limp wristed judges / limp wristed lawyers / police dept that refuses to do their job by either not responding to calls for service or taking extreme amounts of time to respond even if they do respond................................ drill sgt.
     
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    DBMJR1

    Madame Mayor's Fiefdom
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    23   0   0
    Jul 27, 2008
    2,340
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    New Orleans, La.
    Orleans Parish would like you to think that Bourbon St is a place where it is prohibited to carry.

    This is simply not the case.

    The LSU player was arrested because he did not have a permit.

    Many people get in trouble because they are seen entering/exiting a bar, where permitted carry is prohibited.

    Otherwise, if you are sober, and you don't wander into bars, it is perfectly legal to carry on Bourbon.

    No idea why you'd want to do it. Whole point of being on Bourbon is to wander into bars, and get drunk.
     

    charlie12

    Not a Fed.
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    4   0   0
    Apr 21, 2008
    8,528
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    Pride
    He's 19 so he couldn't have a CHP. Wonder if he went in any of those place that serve booze? He couldn't carrying in them. I would like to know about the gun and it's history.
     

    swampfoxx

    Well-Known Member
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    4   0   0
    Jul 15, 2014
    732
    43
    Ponchatoula, LA
    Once again, this issue arises. See below:

    PROHIBITED LOCATIONS​

    R.S. 40:1379.3 (N) states that no concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:
    • A parade or demonstration for which a permit is issued by a governmental entity.
    It doesn't say AT a parade, it says IN a parade. This comes up at every CHP course and renewal I have been at, and it seems that no one has ever tested it in court. If there is a court case that clarifies this, please site it.

    BTW - Even if something is legal, the cops on Bourbon Street make their own laws, and if you decide to challenge them, you get screwed. Ask me how I know.
     

    Abby Normal

    Well-Known Member
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    1   0   0
    Apr 16, 2014
    1,540
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    Metry
    And now for act 2.
    “Assistant District Attorney Emily Maw refused charges at first appearance hearings on Tuesday. Fifteen of the cases were gun charges refused on the condition the individuals not get their guns back.”
     

    krotsman

    Well-Known Member
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    104   0   0
    Aug 2, 2012
    1,399
    113
    Baton Rouge
    Once again, this issue arises. See below:

    PROHIBITED LOCATIONS​

    R.S. 40:1379.3 (N) states that no concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:
    • A parade or demonstration for which a permit is issued by a governmental entity.
    It doesn't say AT a parade, it says IN a parade. This comes up at every CHP course and renewal I have been at, and it seems that no one has ever tested it in court. If there is a court case that clarifies this, please site it.

    BTW - Even if something is legal, the cops on Bourbon Street make their own laws, and if you decide to challenge them, you get screwed. Ask me how I know.
    Agreed, I have been advised that parade viewers can carry. YMMV
     

    John_

    Shooter
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    21   0   0
    Nov 23, 2013
    3,455
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    Hammond, LA
    And now for act 2.
    “Assistant District Attorney Emily Maw refused charges at first appearance hearings on Tuesday. Fifteen of the cases were gun charges refused on the condition the individuals not get their guns back.”

    This article goes on to state totally different response the day before in court. Zero free passes issued. Now after the fact DA Jason Williams says Maw was wrong to do so, the free passes. No doubt in response to Nunguesser and public outcry. I bet somebody associated with LSU football called (or perhaps a well connected booster/alumni) and asked them to make the charges against Malik Nabors go away. And the other 14 got the same treatment that day by association. The NOLA justice "special deal", one day only. I bet Williams had full knowledge of it too, just my opinion. He has been known to lie before. It's all a smoke screen. Bottom line is nothing will come of any of this, and the gun charges for Nabors and the other 14 simply go away. Not even a fine. Might even get their gun back at a later date, wouldn't surprise me one bit.

    No consequences - Billy Nungesser
     

    SouthernUnderGod

    Well-Known Member
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    0   0   0
    Nov 28, 2016
    202
    18
    Baton Rouge, LA
    I’m going to try to find a cite for this…
    I believe there is a specified distance from a parade that is a “not permitted zone.” No closer than 100 yards is what I have been told. It might be more. There was a case several years ago involving a guy trying to get to his own residence, but a parade was in progress. Any attorneys or officers out there who know about this?
     

    SouthernUnderGod

    Well-Known Member
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    0   0   0
    Nov 28, 2016
    202
    18
    Baton Rouge, LA
    One place to read is LA Rev Stat § 14:14:95.2.1 – 2.2.

    Basically it’s illegal to:
    1. Bring a firearm to a parade that was used in the commission of a crime.
    2. Negligently or recklessly discharge a firearm within 1000 feet of a parade route.
    3. Concealed carry without a permit (of course.)
    4. Even if you have a permit, it's illegal to carry a concealed handgun at any
    permitted event like demonstrations or parades, including Mardi Gras. There are exceptions for LEO on duty or as required by the agency.

    The incident involving the guy coming home was an incorrect application of the law. He was arrested for having a firearm “within 1000 feet of a parade.” Someone got the statutes mixed up. I do not know the final result.

    You can’t bring a weapon to a parade.
    The discharge of a firearm within 1000 feet of a parade is a separate offense. In the statutes above, it does not say that a legally owned and legally carried firearm must be at least 1000 feet away.

    There may be other regulations that specify a minimum distance, or there could be case law that creates precedent for a specific distance.

    Regardless, it is not advisable to concealed carry without a permit at a parade.

    It is also egregious to blackmail people into forfeiting a firearm to avoid being prosecuted.
     
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