[[Official Louisiana gun laws reference thread]]

[Ike]

Thanks for showing me that. I remember reading that but it didn't stick out in my mind enough to remember it. I guess he didn't see it. lol

 

[aroundlsu]

Has anybody tried calling 925-GUNS and asking them directly instead of speculating? They are going to be the ones revoking/suspending your license anyway if you get caught.

We were told explicitly in the CCW class by one of the longest running State Police CHL instructors in the state that carrying in a restaurant with alcohol was OK.

I understand we all want the law to read exactly a certain way, but if we keep pushing it someone is going to say OK.. you want a written clarification? Here you go.. NO carrying in restaurants. Period.

Does anyone know of a single case where a CHL holder was arrested for carrying in a restaurant? No. So leave it alone at least until something comes up.

 

[LouisianaCarry]

I have called the LSP and been told things that were specifically in direct violation of State code before. To wit, that carrying your weapon openly- would be considered brandishing and illegal carry. I was not unclear on this, and was told this specifically. My point is, they should be relied on to issue permits and various other duties, but not considered reliable to interpret law. I do not claim to be a lawyer, either, but I do have a penchant for reading comprehension and a good memory, so I can at least tell you what the law says.

We do not have to speculate as to what the law says. We do have to speculate as to what we might actually be charged with. What you or I might be 'OK' to do in one area, might get someone else charged with a crime in another area with non-2A-friendly LEOs and DAs. That is called the 'nuances' of the law.

In the mean time, it should be our goal to remove ambiguous aspects of the law that could conceivable result in a law abiding citizen having to bear the burden of a criminal defense.

 

[gman]

I've read all the foregoing, and am still unclear on this:

Can you legally carry a concealed handgun into a restaurant in Louisiana that serves alcohol?

In Texas, an establishment has to make at least 51% of their income from the sale of liquor by the drink to prohibit a person from carrying. This means you CAN carry in most Texas restaurants.

I'm asking because my wife and I dine in Louisiana quite regularly and we both are Texas CHL. We don't drink, but go to places that serve alcohol.

Thanks for any clarifications!

 

[LouisianaCarry]

It is ambiguous, at best.

The law says no outright. There is a chance that you might could argue in court that 1379.3 infers that you might be able to.

At this point, we need legislative clarification or case law to decide with complete surety, and we have neither.

 

[Psychic Bacon]

I have called the LSP and been told things that were specifically in direct violation of State code before. To wit, that carrying your weapon openly- would be considered brandishing and illegal carry. I was not unclear on this, and was told this specifically.

Unfortunately I don't really have anything productive to add here, except to give another example of what LC is talking about here?

My girlfriend's dad is NOPD. Before I got my CHP and found BayouShooter and other forums directing me to relevant laws, I was under the assumption from him that open carry was illegal. So it's not just the state police.

I'd like to open carry, but I don't have time to go to court, even if it may mean I don't have to work for a while. Heh.

 

[noob]

What are the Louisiana laws about guns at home? I can't conceal on my person at home right? I have No children at home, just me and my older brother, can i keep my gun in my nightstand? or do i NEED to keep it in a lock box? (I have a lock box, but figure it would take me a while to grab my keys and get it out)

 

[spanky]

You can keep your gun wherever you want in your home.

 

[Jimmy Dean]

REading through 14.95.2 again, I took a look at C.4 and C.8 Now, I live on a college campus, actaully in apartments on campus, own room, share a living room etc.

Does 14.95.2.C.8 say that I can carry in my dorm room then? And with referance to C.4, I know that the police cannot search my apartment without a warrant, they cannot enter without my permission or a warrant either, is my campus apartment considered private property?

(I know I still need to do some research on the rental agreement I signed, if it specifically says in there that I agree to no firearms in the apartments, then I could be evicted for it, but that is a slightly differant can of worms and opens up diff possibilities

 

[Louisiana Shooter]

A "no firearms" clause in a dwelling lease is no more valid than a "no blacks" clause. If one rents it, and it has a bed or bedroom, then one can carry his gun there.

I had a doctor tell me that I couldn't carry in a hospital room once. I asked him if he was paying the rent there, or if I was.

 

[mcinfantry]

A "no firearms" clause in a dwelling lease is no more valid than a "no blacks" clause. If one rents it, and it has a bed or bedroom, then one can carry his gun there.

I had a doctor tell me that I couldn't carry in a hospital room once. I asked him if he was paying the rent there, or if I was.

im not a lawyer, but isnt that a stretch??

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability)

im pretty sure a landlord can restrict firearms on the property. anyone have any case law otherwise?

 

[Nolacopusmc]

im not a lawyer, but isnt that a stretch??

im pretty sure a landlord can restrict firearms on the property. anyone have any case law otherwise?

Losing battle brother. Losing battle.

 

[Lion_hunter]

This is confusing to me. In the following, it seems to be saying I cannot carry concealed in my home or on my property without a permit:

*********************************************************************************************************
-- OPEN CARRY LAW --


It is lawful to carry a firearm provided it is not concealed. A firearm in a holster is not concealed. It is lawful to carry a handgun in the glove compartment of a motor vehicle. The law makes no exception for carrying a firearm concealed "on one's person" even in the home.
*********************************************************************************************************
Yet,

*********************************************************************************************************
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.
***********************************************************************************************************

This sounds like you can conceal carry in your car, and since the car is an extension of your home, you can conceal carry in your home.

Is this confusing to anyone else?

thanks

 

[gun man]

1751. Definitions. For purposes of this Part,
"machine gun" includes all firearms of any calibre,
commonly known as machine rifles, machine
guns, and sub-machine guns, capable of
automatically discharging more than eight cartridges
successfully without reloading, in which
the ammunition is fed to the gun from or by
means of clips, disks, belts, or some other separable
mechanical device. "Manufacturer" includes
all persons manufacturing machine guns;
"Merchant" includes all persons dealing with
machine guns as merchandise.

 

[gun man]

is and ar15 a maching gun or is the is a3 round burst a maching gun

 

[Hitman]

is and ar15 a maching gun or is the is a3 round burst a maching gun

1751. Definitions. For purposes of this Part,
"machine gun" includes all firearms of any calibre,
commonly known as machine rifles, machine
guns, and sub-machine guns, capable of
automatically discharging more than eight cartridges
successfully without reloading, in which
the ammunition is fed to the gun from or by
means of clips, disks, belts, or some other separable
mechanical device. "Manufacturer" includes
all persons manufacturing machine guns;
"Merchant" includes all persons dealing with
machine guns as merchandise.

Not sure where you got that, but it's not LA's Definition of a Machine Gun.


Let's look at our own definitions;

RS 40:1781

§1781. Definitions

For the purpose of this Part, the following terms have the meanings ascribed to them in this Section:

(1) "Dealer" means any person not a manufacturer or importer engaged in this state in the business of selling any firearm. The term includes wholesalers, pawnbrokers, and other persons dealing in used firearms.

(2) "Department" means the Department of Public Safety.

(3) "Firearm" means a shotgun having a barrel of less than eighteen inches in length; a rifle having a barrel of less than sixteen inches in length; any weapon made from either a rifle or a shotgun if said weapon has been modified to have an overall length of less than twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, flame thrower, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition.

(4) "Importer" means any person who imports or brings into the state any firearm.

(5) "Machine gun" means any weapon, including a submachine gun, which shoots or is designed to shoot automatically more than one shot without manual reloading, by a single function of the trigger.

(6) "Manufacturer" means any person who is engaged in this state in the manufacture, assembling, alteration, or repair of any firearm.

(7) "Muffler" or "silencer" includes any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, submachine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive and is not limited to mufflers and silencers for firearms as defined in this Section.

(8) "Transfer" includes the sale, assignment, pledge, lease, loan, gift, or other disposition of any firearm.

Amended by Acts 1964, No. 51, §1; Acts 1975, No. 381, §1; Acts 1977, No. 532, §1; Acts 1988, No. 424, §1.

Now ask yourself that question again

 

[Hitman]

This is confusing to me. In the following, it seems to be saying I cannot carry concealed in my home or on my property without a permit:

*********************************************************************************************************
-- OPEN CARRY LAW --


It is lawful to carry a firearm provided it is not concealed. A firearm in a holster is not concealed. It is lawful to carry a handgun in the glove compartment of a motor vehicle. The law makes no exception for carrying a firearm concealed "on one's person" even in the home.
*********************************************************************************************************
Yet,

*********************************************************************************************************
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.
***********************************************************************************************************

This sounds like you can conceal carry in your car, and since the car is an extension of your home, you can conceal carry in your home.

Is this confusing to anyone else?

thanks

Where did you get the above information ?

 

[gun man]

atf state law and published cd 2007 this is what the atf gave me i am get and 01 lic

 

[gun man]

it also got 1751. Definitions. establishments and public buildings.
B. Nothing in this Section shall prohibit a local
governing authority in a high-risk area from
developing a plan with federally licensed
firearms manufacturers, dealers, or importers to
secure the inventory of firearms and ammunition
of those licensees in order to prevent looting of
the licensee’s premises in a state of emergency
or disaster. Such plan shall be renewed on a
periodic basis. The information contained in the
plan shall be deemed security procedures as
defined in R.S. 44:3.1 and shall be released only
to the sheriffs of the parishes or police chiefs of
the municipalities in which the declared state of
emergency or disaster exists.
C. For purposes of this Section:
(1) “Declared emergency or disaster” means
an emergency or disaster declared by the
governor or parish president pursuant to the
provisions of the Louisiana Homeland Security
and Emergency Assistance and Disaster Act.
(2) “High-risk area” means the parishes of
Assumption, Calcasieu, Cameron, Iberia,
Jefferson, Lafourche, Orleans, Plaquemines, St.
Bernard, St. Charles, St. James, St. John, St.
Martin, St. Mary, St. Tammany, Tangipahoa,
Terrebonne, and Vermilion.

 

[Hitman]

Ok I need you to speak clearly. If you got questions ask them, but I'm not sure why your posting paragraphs of ATF stuff with no substance as to why.

I'll help you but you got to be clear about what your asking.

If AR-15's were defined as Class 3 machine guns, then every Gun Dealer I know is bound for jail. In short they are NOT a Class 3 firearm.