Open carried for the first time today

[gunz4me]

Damn, I always figured that if my concealed weapon was accidentally displayed, I would say "All right, open carry it is".

I open carried BEFORE obtaining my CHP but never after. I always figured since I have my permit, why bother with open carry?

 

[aroundlsu]

Damn, I always figured that if my concealed weapon was accidentally displayed, I would say "All right, open carry it is".

I open carried BEFORE obtaining my CHP but never after. I always figured since I have my permit, why bother with open carry?

The few times I have OC is when I was wearing a suit and needed to get out of the car for gas and didn't feel like putting my jacket back on just to run into the store. I have never heard of a law saying you give up your open carry right. Such a law would seem absurd to me.

 

[LouisianaCarry]

When it comes to open carry, there's such a thing as "right," and there's such a thing as immature.

Get a holster and cover it with a shirt or a jacket. Sheesh.

You have a right to an opinion, but when you go around telling others how your way is the only way, that just makes you come off as a jerk.

 

[LouisianaCarry]

The question was, do you "give up" your right to open carry by securing a concealed carry permit?

You and I met during a discussion about open carry, period. I never have said it was illegal; but it IS retarded, when a concealed carry permit is so easy to get.

Again... I am unaware that procuring a concealed carry permit somehow makes it suddenly illegal to carry openly.

.

Incorrect.

The thread title was "Open carry w- a CCW in Louisiana- Seeking Legal input..." amd the OP was about how many instructors/LEOs in LA thought that you gave up the right to OC when you have a CHP.

Not trying to argue, just being specific. It is not that big of a deal, either way.

Point is (to get back on topic), YOU DO NOT GIVE UP YOUR RIGHT TO OPEN CARRY WHEN YOU GET A PERMIT. ANYONE WHO SAYS DIFFERENTLY IS FULL OF CRAP.

 

[LouisianaCarry]

Here was the OP on that thread:



Glock Talk (http://glocktalk.com/index.php)
- Carry Issues (http://glocktalk.com/forumdisplay.php?forumid=21)
-- Open carry w/ a CCW in Louisiana- Seeking Legal input... (http://glocktalk.com/showthread.php?threadid=589255)
Posted by atimetobuild on 09-11-2006 10:14:
Open carry w/ a CCW in Louisiana- Seeking Legal input...
EVERY instructor & LEO I have met in LA seems to subscribe to what seems to me to be an Urban Myth that "once you have a concealed permit, you MUST carry concealed." I have a standing offer of $100 to anyone who can CLEARLY show me that in LA Law, but no one has done it yet. If I am wrong I would like to know.

I have even called the manager of the POST program in Baton Rouge (who is in charge of the training that all instructors in LA must have at an intermediate level or better to teach the legal part of the CCW class here), and he was not aware of any actual law. I also called the Sgt. in charge of the CCW Unit of the LSP (who issues the permits). He said he would revoke my permit if he found out I was open carrying. I don't believe he can do that unless I break a law or fall into a specific class of "prohibited persons." I have only been cited two laws to "support" the prevailing mindset:

LA RS 14:1382. Negligent carrying of a concealed handgun
A. Negligent carrying of a concealed handgun is the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun, under the following circumstances...
*
(2) When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.

The Sgt.'s mind was that open carrying automatically falls under the category of negligent carrying, because I will undoubtedly create a "reasonable apprehension" among the public. I say this does not apply because if I am open carrying it has nothing to do with my status as a permit holder, or with laws pertaining to concealed carry. The Atty. General has explicitly affirmed that LA law does NOT prohibit open carry, so I cannot see any DA making a case that open carry in and of itself in a non-prohibited area is a problem.


Also, I have been cited:


LA RS 40:1379.3. Statewide permits for concealed handguns; application procedures; definitions
*
*
B. A concealed handgun permit issued pursuant to this Section shall grant authority to a citizen to carry a concealed handgun on his person.

I have been told (by the Sgt. and my CCW instructor) that means I now MUST carry it concealed. I believe any thinking individual would agree with me that the AUTHORITY to do something is entirely different than the OBLIGATION to do something.

I have searched 131 documents in all of LA's legislative bodies that pertain in any way to firearms, and have come up with no further grounds to base this prevailing opinion.

I guess I am asking for help from any legally minded individuals here that may be familiar with any case law or other statutes or rulings that I may need to know. I am just stubborn enough to force this issue and get arrested or something just to create a precedent for others to use so that we don't GIVE UP OUR CONSTITUTIONAL RIGHT to open carry out of SHEEPISH IGNORANCE. The most frustrating part is that I have talked to many people about this and I seem to be the only person basing my stance on actual law and not just "what I was told;" and I am not even a lawyer! I am a contractor who didn't even finish 9th grade!

Anyway, if anyone knows any case law or has experiences dealing with educating the public and others about these types of issues.. sound off!

 

[LouisianaCarry]

My offer of anyone producing a law that says a CHP affects open carry was $100 in 2006. I have since upped it to $1000.

I have had no takers.

 

[Wes]

Going back to the OP, I open carry most of the time as well, and the most attention I've gotten goes like this:

You a cop?

No.

You ex-military?

No.

You got a permit to carry that?

You don't need one.

Really?

Yep.

Cool/Ok/huh/[nervous look] (pick one)

 

[Slow]

You and I met during a discussion about open carry, period. I never have said it was illegal; but it IS retarded, when a concealed carry permit is so easy to get

wtf! retarded? seriously?

a concealed carry permit is so easy to get all you have to do is spend a few hours down at the state police station to get finger printed, get a money order for the permit which is a $100 for 4 years or $50 for 2 years, a $10 money order to pay for your own ******* finger prints ( why it cost $10 for finger prints i have no idea ) but before you do all that you have to fill out a packet with all of your personal information, then have it notarized, which last time i check wasnt free. not to mention, whoever put the packet together was a ******* idiot because you have to have 3 different documents notarized instead of just one, brilliance!!

it seems like i remember it taking THREE MONTHS to get my permit in the mail.

 

[LouisianaCarry]

Not to mention asking permission of your lessers to exercise a right.

 

[Y.T.]

I open carried this morning at Starbucks. It was real muggy and it just didn't make since to put on a jacket.

I was dressed in slacks and a dress shirt with a fobus paddle holster. I'm pretty sure everyone just assumed I was leo.

I also made sure to hold the door open for a lady entering (which I would of done anyway).

I didn't get any funny looks.

 

[spanky]

Certainly valid points. I don't plan on doing it on a regular basis and I certainly feel much more comfortable concealed, even if it's just a t-shirt draped over my owb. I just wanted to give it a shot and had an excuse to do so.

 

[LouisianaCarry]

I have never argued that there are tactical advantages to concealing.

My position has always been that there are other factors to consider, and that some people feel that those factors outweigh the perceived tactical disadvantages of openly carrying.

I am not in the mood to list those various other considerations, mainly because you "OC is Stupid!" guys don't really care- you already have your mind made up.

What I AM saying is that I do not go around disrespecting or belittling you all for concealing. Do not disrespect others who make different choices than you.

Have some respect is all I ask. We are all adults here, and what or how we carry is our own choice to make- not yours. No one here answers to you.

 

[Request Dust Off]

Not to mention asking permission of your lessers to exercise a right.

Explain the "lesser" part & then how it fits in with:
"I have never argued that there are tactical advantages to concealing.

My position has always been that there are other factors to consider, and that some people feel that those factors outweigh the perceived tactical disadvantages of openly carrying.

I am not in the mood to list those various other considerations, mainly because you "OC is Stupid!" guys don't really care- you already have your mind made up.

What I AM saying is that I do not go around disrespecting or belittling you all for concealing. Do not disrespect others who make different choices than you.

Have some respect is all I ask. We are all adults here, and what or how we carry is our own choice to make- not yours. No one here answers to you.
Today 12:02 AM "

But hey man whatever it takes to get your post count up.

 

[LouisianaCarry]

Oh, ok. You're going to start being a jerk, too. That's fine.

I said the earlier point referring to the same thing- people who feel they have the right to deny (which is even a stronger issue than simply belittling) others their rights. My position is that they should have some respect, too. However, they also do not care, and enforce their views at the point of a gun.

I post here alot because I enjoy it. Don't like my posts? Don't read them. There is a back button on your browser, I'd be willing to bet.

 

[Manimal]

I open carry, it is my preference, and I certainly believe that it keeps me safer than concealed carry would.

Criminals do not open carry, I will not be mistaken as a criminal by law officers or most citizens when I do so. The sheeple need to wake up, their potential fear of me exercising my -rights- is not of my concern. It could -potentially- cause problems, but I am willing to face that possibility. It -does- ward off criminals...criminals are cowards and very few of them are willing to openly face a risk of death by confrontation, unless they are in numbers. I am a Sheepdog, and will face the wolves whenever they are on the hunt. No one is ever 100% safe, that is a false reality if it is imagined.

I've open carried to no less than 100 places over the last year. I have had 1 confrontation with an Unarmed officer(Constable?) who felt like trying to intimidate me by saying he could 'get me for being a public nuisance' if anyone said anything about me. A lot of people have been informed in those times I carried, many people asked questions about the laws regarding it, and a lot of people have expressed pleasure in knowing that I was carrying.

I will continue to open carry, and more so than ever when I get my CHP.(and a more comfortable carry pistol than my full sized XD .45 for my skinny 140lb frame.)

 

[Request Dust Off]

I do skip most of your post as many do not interest me. Same for other post by other people.

I'm being a 'jerk' by asking you to justify, clarify or have some accountability.
You don't want name calling or belittling don't start doing it.

You like it here because it is unencumbered by reality.

You want respect but you aren't willing to give it.

IANAL is in you sig - but you profess to know, understand, interpret and advise on the law.

Your crack about the "lessers" shows alot about you. I'd rather hang out with cops. At least they deal in realities.

I don't think you explained the "lesser" comment.

 

[LouisianaCarry]

I have never inferred anything about cops being bad or stupid. I have a huge amount of respect for LEOs, and there are many that know me in my area that can attest to that.

As others have said, LEOs do not make the law, they just enforce it.

My issue is with bad law makers, and that is who I was referring to, and I stand by it.

Abridging the rights of others by coercion is not as moral as not doing so.

The first part of your last post was not the 'being a jerk' part, anyway. I invite people to question me, and have no problem with that.

It was the snide little comment on the end that was unnecessary.

I do not recall ever having spoken to you in that fashion.

 

[spanky]

Certainly not driected at you, Spanky...

and again, I think the apparent division between "OC guys" and "CC guys" needs to be examined.

SAME TEAM!

While the thought process might be a little different, the end goal is the same.

Didn't realize what a minefield this topic was/is here.

(slowly backs away from the minefield)

I honestly debated with myself in even posting this here because I figured this might become the situation.

 

[Manimal]

I'm a librarian.

*flexes*

 

[LouisianaCarry]

How's the weather where everyone else is?

It was supposed to be clear/60 degrees here (according to the NWS), but I didn't see the sun all day, and I don't think it broke 50.