Open Carry?

[Phaetos]

I can't find anything on open carry regulations for Louisiana. I have a CCW, but sometimes, it's nearly impractical in summer around here. Anyone got links to this info?

And if you do carry open in public, any reactions? I'm thinking even though it may be legal here, that the general cop is not going to think too highly of you.

 

[Speedlace]

opencarry.org
Mainly http://opencarry.mywowbb.com/forum26/ for the LA section.

As for reaction, I've never had anyone freak-out and/or call the police. People just ask questions.The most asked question seem to be: "Is that real?" I just laugh.
Just recently I went to CVS at 12:50 A.M. and the security guard(which didn't have a gun) asked "Do you always carry that thing around?" I simply said, "Yea. " as I walked out.

 

[topgunz1]

it's nearly impractical in summer around here

I've carried concealed every day since I became an LEO, dress accordingly and you have no problems. The only time I'm not able to carry is in workout type clothes, and I dont wear those in public. Gotta wear your big boy clothes. During the summer I'll usually be in khaki cargo shorts and a t-shirt.

The only time I open carry is at the range or when required by dept. policy.

 

[spanky]

I haven't, yet, but I've had the itch. After reading about the incident of the guy that was harassed & arrested at Tanger for open carry, I think I'm going to give it a go next week and see how it goes.

Can anyone link me to the court cases and laws that make it legal so that I can print them and put them in my wallet?

 

[LouisianaCarry]

Court cases don't actually make anything legal. An action is legal because there is no law prohibiting it. There is no LA law that prohibits OC (except school zones and alcoholic beverage establishments) in LA.

Here is an AG opinion that goes into more depth: http://www.ag.state.la.us/ShowDoc.asp?DocID=3165

Here are Louisiana's laws that pertain to weapons and self defense: http://louisianacarry.org/laws/lalaw.htm

Here is a GT thread that discusses this at length, there are several cases toward the end of the thread that further confirm the legality of open carry: http://glocktalk.com/showthread.php?s=&threadid=589255

 

[penguin]

Court cases don't actually make anything legal. An action is legal because there is no law prohibiting it. There is no LA law that prohibits OC (except school zones and alcoholic beverage establishments) in LA.

Court cases set precedent which defines an action within the parameters of set laws. If there is a case that provides an opinion on a certain aspect of the law, you are correct in saying it doesn't then legislate that law and provide for a new action; however, that opinion would then become de facto interpretation of the current legislation, or the lack thereof, and provide a basis for current standing and future renditions of the interpretation of that issue. For example, if there is a law saying eggs are good but there is no language in that legislation saying eggs are bad and a person goes to court saying eggs can be bad, too - the court can rule on the opinion of the fact of the eggs being bad. That does not impact the law itself, but the interpretation can be held to future issues of bad eggs in court as saying a ruling has been made on the fact and courts can rule in based on that opinion. However, it is not de facto law and does not hold the same weight in every suit. But, in a declaratory action (motion for summary judgement or other) it can be brought as already ruled on.

Here is an AG opinion that goes into more depth: http://www.ag.state.la.us/ShowDoc.asp?DocID=3165

The AG opinion is GREAT; the only issue I would have is the age of it. I wish they would make a new opinion on it (based on the change of federal laws that impact the state, etc.). I'm sure it hasn't changed much, but it would be nice. **** it all if we can't request an opinion from the AG. We should do a letter writing campaign to Jindal to see if he can request a new opinion (post-K) regarding this.

I haven't read the cites you posted because I'm too damn tired now...lol I'll try to read them later.

 

[LouisianaCarry]

Yeah, I've got about 10 questions for the AG. I will get them asked, eventually. All I need is an elected official. I have a cousin who is a mayor (of a tiny little town, but size doesn't matter), and I am planning on bugging him for a 'rubber stamp' on my questions. Haven't seen him in a long time, though.

I knew all that about case law.

 

[penguin]

Yeah, I've got about 10 questions for the AG. I will get them asked, eventually. All I need is an elected official. I have a cousin who is a mayor (of a tiny little town, but size doesn't matter), and I am planning on bugging him for a 'rubber stamp' on my questions. Haven't seen him in a long time, though.

I knew all that about case law.

Yeah, I kind of figured you knew about case law and precedent but really posted for the edification of others who might not have understood what you posted.

GL on getting your uncle's help. I would think that Jindal, as posted by another member regarding his form response on gun legislation, might pose the question. But then again, just because it's paramount on our minds doesn't mean that it's paramount on theirs.

BTW, I open carry (selective) alot. So far, so good!

 

[Tantrix]

I open carry alot in the Pineville/Alexandria/Colfax/Montgomery areas when I'm out and about. I haven't had any issues, besides having to cover it up in most sporting goods stores (Academy comes to mind) due to their store policies requiring all guns brought in have to be checked at the door (except for the one they can't see under my shirt )

Depending on how you're dressed most people think you're an undercover/off-duty cop most of the time although when I'm just wearing jeans and a t-shirt I get looks occasionally. It depends on the people you're around. Democrat soccer moms usually stare me down like I'm a mass murderer...but I'm used to them.

The biggest problem with open carry in public is being kicked out of places, you won't be arrested (if you are get ready to sue the pants off of the department) but they can ask you to leave. I went in Outlaws barbecue in Alexandria a couple years ago open carrying and the manager there at the time freaked out and told me if I wasn't a cop I had to leave...I left my $10 plate of food at the register and told him I'd be happy to go eat somewhere else and I left.

 

[dawg23]

I can think of fewer activities that do more to make gun owners appear irresponsible. If you have a belt and holster that allow you to carry openly, you can easily pull out your shirttail and conceal the weapon.

I think topgunz1 has it right. Wear your big boy clothes and then (my opinion here) act like a big boy.

It's simply a matter of common courtesy to avoid making someone (soccer moms) feel uncomfortable. Yes, you have the right to do it. But why flaunt it? Just so more and more stores will (legally) post their premises?

I can't help but think there are some real issues of emotional insecurity, not to mention lack of tactical training, when people seek to provoke an incident in a shopping mall.

 

[Yrdawg]

Whippin a dead horse

I read all the threads and post (s) about open carry. I understand most of the reason for both sides of the argument. BUT I still like to dream of a world where people carrying guns openly is socially acceptable. I live in the woods and many days unless I'm at work I don't see another person. I carry openly around here and all over the woods when I'm out. I'd like to not have to hide my gun when I go to town. I know it disturbs some folks, especially the Barneys. So, I pull my shirt over my gun and make a store run. Catch 22. I wanna but I know it'll bring pain.

To quoter the famous line, you might beat the rap but you won't beat the ride.

Just 1 Dawgs thoughts

 

[Phaetos]

Sheesh, after reading the replies and the off-site threads, I think CCW is a safer option. I really don't trust any LEO around this state to know the law and abide by it.

 

[bayouteche85]

I agree with all that you gentlemen have said, it isn't really the greatest idea to open carry in the city. It tends to lend itself to the idea that all gun owners are backwoods, country fanatics. However, I love to open carry when I'm in the woods, at the camp, and on my personal property. Its just one of those things that makes you feel like you really still have some sort of freedom out there.

 

[LouisianaCarry]

Open carry has many good aspects. Among others, it gives others an opportunity to see that we can do it. There are many people who, if introduced to the fact that they could carry a weapon, would do so. But since they don't see people do it they assume it is illegal. I like starting conversations about guns. I am not out to convert anti-gunners as much as I am out to turn on new shooters to how many rights they have.

As to soccer moms: let's remember one thing, folks. We have a Constitutional and God-given right to protect ourselves / bear arms. There is no such thing as a right not to be offended.

 

[LACamper]

I asked this question when I first took the CCW class. It was taught by a Jefferson Parish police officer w/ 20 years experience. His answer was that it was legal. On the other hand, someone (like the previously mentioned liberal soccer mom) can complain that I am disturbing their peace. THEN I can be arrested for that... odds are that the charges wouldn't stick, but that won't keep me from going through the hassle of being arrested, handcuffed, body cavity searched (I'll pass), etc. Plus the odds are that I'd never see my favorite Springfield .45 again...

 

[LouisianaCarry]

I asked this question when I first took the CCW class. It was taught by a Jefferson Parish police officer w/ 20 years experience. His answer was that it was legal. On the other hand, someone (like the previously mentioned liberal soccer mom) can complain that I am disturbing their peace. THEN I can be arrested for that... odds are that the charges wouldn't stick, but that won't keep me from going through the hassle of being arrested, handcuffed, body cavity searched (I'll pass), etc. Plus the odds are that I'd never see my favorite Springfield .45 again...

I am only aware of one time that has happened in Louisiana. It was a politicaly motivated arrest and the arresting agancy is being sued in federal court. I only mention it because if we refuse to excersize our rights on the mere implication of a possible hassle we have let the second amendment be effectively repealed without a fight. I OC nearly every day in Shreveport and have never had any trouble.

 

[LACamper]

Police attitudes are a little different in S'port than down here around New Orleans... Walking into a local bank while open carrying would be interesting. I wouldn't be surprised to walk out and find half of NOPD and a few National Guard soldiers w/ M-16's pointed at me. I can live with concealed here.

What do ya'll think about carrying badly concealed? Carry a 1911 or .454 under a t-shirt, let the gun print and let them deal with it. The rules only say it has to be covered... That at least avoids the legal issues.

 

[LouisianaCarry]

I am not trying to be argumentative here, but I do consider it my responsibility to keep info correct for the LA shooting community. Please cite any law anywhere on any books in Louisiana that state your weapon must be concealed in any circumstance. Please post your findings here.

If you did get arrested for open carry in LA, it would be like winning the lottery if you know a good laywer. You could buy every model Springfield makes after you were done.

 

[dawg23]

Police attitudes are a little different in S'port than down here around New Orleans... Walking into a local bank while open carrying would be interesting. I wouldn't be surprised to walk out and find half of NOPD and a few National Guard soldiers w/ M-16's pointed at me. I can live with concealed here.

What do ya'll think about carrying badly concealed? Carry a 1911 or .454 under a t-shirt, let the gun print and let them deal with it. The rules only say it has to be covered... That at least avoids the legal issues.

I think that's probably marginally better than open carry. Tactically, you could still do better. And, despite the folks who feel compelled to assert (flaunt) their rights in somewhat inappropriate circumstances and at inappropriate times, I think we have an obligation to CCW responsibly. In my opinion, "responsibly" means doing so discreetly, in conformance with the laws and rules which apply to CCW.

The T-shirt is fine. Just consider wearing one that isn't too tight and that is darker colored or has a pattern. I do this all the time, and it is quite easy to conceal a Glock 19 in an OWB holster. Not only will the soccer moms not know I have it, neither will the gang-bangers that might be in the same mall, the same movie theater or the same convenience store that I happen to enter.

I understand that one or two members on this forum feel a duty and/or obligation to open carry in an attempt to help all of "us" (pro gun people) preserve our rights. At the same time, despite their possibly good intentions, they subject all of "us" to derision (or worse) from law makers as well as law enforcement. And don't ever think the law enforcement community doesn't have a lot of influence when law makers draft and debate legislation.

Some of the open carry "evangelists" are well intentioned. Others are clearly immature attention-seekers. And some push Open Carry as one element in a longer list of handgun issues they espouse. I appreciate the efforts of that third group - as long as those efforts aren't carried out in a fanatical manner (or in a manner that gives the appearance of being fanatical).

The NRA has only recently come to the realization that it had to modify its image as a radical group. As a long-standing member of the NRA, and a NRA Handgun Instructor, I think I can say that there was a time that the NRA opposed EVERY piece of "gun control" legislation. EVERY PIECE. Now they take a much more reasoned view, and try to effect compromises that will enhance safety as well as appease some of the rabid anti-gun nuts.

An example would be the recent proposals on handgun restrictions following the VT rampage that involve keeping guns out of the hands of those with a history of psychiatric problems. I am convinced that 10 years ago the NRA would have rejected this sort of proposal in a knee jerk fashion using the "slippery slope" argument. Now they sit down and discuss, and suggest improvements to these sorts of rules.

I think there is a similar risk on "our" (pro gun) side if we stake out aggressive positions on a host of issues. Pick your battles, and do it in an open, cooperative manner that can't be misconstrued as being fanatical. Personally, I think open carry in public places is one of those "battles" that need to be set aside while focusing on other issues.

Those other issues ? The need for "30.06 signs," better reciprocity with other states, a CCW application process that will satisfy the BATF's point-of-sale background check requirements, and workplace restrictions on carrying firearms in vehicles are topics that affect a large percentage of gun owners. But I think there's a better chance of making progress on these issues if they are tackled one at a time rather than being components of a veritable laundry list of "rights that are under attack."
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Dawg now climbs down from his soapbox. [/rant]

 

[LouisianaCarry]

Those other issues ? The need for "30.06 signs," better reciprocity with other states, a CCW application process that will satisfy the BATF's point-of-sale background check requirements, and workplace restrictions on carrying firearms in vehicles are topics that affect a large percentage of gun owners.

Working on all those already.

The OC/CCW is a debate that has gone on for longer than I'm sure we care to remember. There are pros and cons to both sides. Everyone should do what their conscience dictates. My only concern is that we get to the point that we forget we can open carry.