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Conflicting Information - Real Deal About LA School "Zones"

vermonter

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I have seen threads where Jindal eliminated the STATE school zone thing for permit holders. On the Concealed Handgun Unit website it says they are off limits. What is the deal with this. If you get a resident LA permit and you are out walking near (within 1000 FT) are you legal or not)? I am not talking entering the grounds, just walking with a resident LA CCW permit and carrying concealed?
 

Seigi

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Take a look at the state shall-issue permit.
R.S. 40:1379.3(N)(11) at: http://legis.state.la.us/lss/lss.asp?doc=97451
It doesn't list the school zone, only the school itself and any buses.

Definitions of which are in R.S. 14:95.6: http://legis.state.la.us/lss/lss.asp?doc=78745

R.S. 14:95.2(C)(4) at: http://legis.state.la.us/lss/lss.asp?doc=78741
It lists the permit as an exception.

This is the Act that did it: http://legis.state.la.us/billdata/byinst.asp?sessionid=10RS&billid=HB556&doctype=ALL
2010 Regular Session's Act 925.


Best I can figure, the 1000 foot radius is legal if you have the state permit, though concealed carry on the campus itself, or in a bus, is not. I think the police are running an outdated page...
 

estcrh

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Were does it say that you have to actually have your firearm concealed if you have a concealed carry permit?

RS 40:1382
§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:

(1) When it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge.

(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.

B. It shall be within the discretion of the law enforcement officer to issue a summons to a person accused of committing this offense in lieu of making a physical arrest. The seizure of the handgun pending resolution of the offense shall only be discretionary in the instance where the law enforcement officer issues a summons to the person accused. If the law enforcement officer makes a physical arrest of the person accused, the handgun and the person's license to carry such handgun shall be seized.

C. Whoever commits the offense of negligent carrying of a concealed handgun shall be fined not more than five hundred dollars, or imprisoned without hard labor for not more than six months, or both. The adjudicating judge may also order the forfeiture of the handgun and may suspend or revoke any permit or license authorizing the carrying of the handgun.

Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996.
 

estcrh

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This used to be an open carry forum.
You can not open carry unless you take gun free school zones into consideration and people who open carry "FOR REAL" need accurate information on all aspects of open carrying, including were and when a concealed permit will help someone open carry without breaking any laws. If you do not like the content of a post just complain to the forum administration and they will decide what is and is not relevant.
 

sraacke

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My arguement is that the permit is for CONCEALED firearms and the carrying of CONCEALED firearms. While it obvioulsly fulfills the requirement for legal Concealed carry within 1000 feet of a school campus, I don't see it having any impact on legal carry of an Openly carried firearm in that same GFZ. The GFZ law mentions carrying persuant to a state issue permit. The La CHP is to allow one to conceal. By open carrying you are not pursuant to the CHP. The arguement would be different if our permit was like the one issued in Tennessee which covers both Open and Concealed. In that case I could see the state issue permit meeting the requirement to OC in a GFZ.
 

turbodog

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Independence, Louisiana, USA
The GFZ law mentions carrying persuant to a state issue permit. The La CHP is to allow one to conceal. By open carrying you are not pursuant to the CHP. The arguement would be different if our permit was like the one issued in Tennessee which covers both Open and Concealed. In that case I could see the state issue permit meeting the requirement to OC in a GFZ.

Yale is correct. Having a LA CHP allows you to circumvent the state GFSZ law now, but you must carry concealed.
Sorry, no OC in a school zone.
 

georg jetson

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georg jetson

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My arguement is that the permit is for CONCEALED firearms and the carrying of CONCEALED firearms. While it obvioulsly fulfills the requirement for legal Concealed carry within 1000 feet of a school campus, I don't see it having any impact on legal carry of an Openly carried firearm in that same GFZ. The GFZ law mentions carrying persuant to a state issue permit. The La CHP is to allow one to conceal. By open carrying you are not pursuant to the CHP. The arguement would be different if our permit was like the one issued in Tennessee which covers both Open and Concealed. In that case I could see the state issue permit meeting the requirement to OC in a GFZ.

Let's be clear so as not to confuse... a pemit is not needed to OC inside of a STATE gfsz. However, a permit IS necessary to carry in ANY manner in a FEDERAL GFSZ.
 

estcrh

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My arguement is that the permit is for CONCEALED firearms and the carrying of CONCEALED firearms. While it obvioulsly fulfills the requirement for legal Concealed carry within 1000 feet of a school campus, I don't see it having any impact on legal carry of an Openly carried firearm in that same GFZ. The GFZ law mentions carrying persuant to a state issue permit. The La CHP is to allow one to conceal. By open carrying you are not pursuant to the CHP. The arguement would be different if our permit was like the one issued in Tennessee which covers both Open and Concealed. In that case I could see the state issue permit meeting the requirement to OC in a GFZ.
Can you show me were in the regulations there are any guide lines as to how much of your gun has to be concealed. Does it specifically say that your gun has to be either partially or completely concealed? Its not what the intent of the law is, its what the law actually says that counts. The gun free schools zones require you to have a concealed permit in order to be in that zone with a gun, unless proved otherwise you just need to have a concealed permit, there is no actual requirement to conceal your weapon. On the other hand local law enforcement authorities will probably not have any real knowledge of the laws regarding either open or concealed carry and that is were your problem would come from.
 

georg jetson

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Can you show me were in the regulations there are any guide lines as to how much of your gun has to be concealed. Does it specifically say that your gun has to be either partially or completely concealed? Its not what the intent of the law is, its what the law actually says that counts. The gun free schools zones require you to have a concealed permit in order to be in that zone with a gun, unless proved otherwise you just need to have a concealed permit, there is no actual requirement to conceal your weapon. On the other hand local law enforcement authorities will probably not have any real knowledge of the laws regarding either open or concealed carry and that is were your problem would come from.

Ya know... I've already explained this ONCE...

It is what the INTENT of the law is 'cause that's what it SAYS...

The concealed permit codes are there to give PERMISSION to do that which is otherwise ILLEGAL... namely...

§95. Illegal carrying of weapons

A. Illegal carrying of weapons is:

(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or

Do you see the word INTENTIONAL!!!???
This is the code that DEFINES CONCEALED CARRY.

...yes Barf... this WAS once an OC forum... :)
 

KBCraig

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Let's be clear so as not to confuse... a pemit is not needed to OC inside of a STATE gfsz. However, a permit IS necessary to carry in ANY manner in a FEDERAL GFSZ.

You did a good job of explaining how the LA state GFSZ is invalid per the state constitution, in this thread, Post #5:

http://forum.opencarry.org/forums/s...reveport-man-arrested-for-guns-in-school-zone

Open carry is a constitutionally protect activity in Louisiana. The state GFSZA doesn't apply to any constitutionally protected activity. So, OC is legal even in a school zone. (Again, we're not talking about federal law.)
 

sraacke

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(Again, we're not talking about federal law.)
I don't see how we CAN't be talking about Federal law. It's the Federal law that pretty much started all of this and is the reason for the State law. The Federal Law says you need a State issued permit to carry a firearm within 1000 feet of a school. Our State issue permit is to conceal carry. Thus it can't fulfill the Federal requirements for entering a GFSZ with an Openly Carried pistol.
 

estcrh

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Ya know... I've already explained this ONCE...

It is what the INTENT of the law is 'cause that's what it SAYS...

The concealed permit codes are there to give PERMISSION to do that which is otherwise ILLEGAL... namely...

§95. Illegal carrying of weapons

A. Illegal carrying of weapons is:

(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or

Do you see the word INTENTIONAL!!!???
This is the code that DEFINES CONCEALED CARRY.

...yes Barf... this WAS once an OC forum... :)
And once again were does it say anywere that you have to have your weapon concealed in order to be covered by a concealed permit in a gun free school zone? And once again this is a open carry topic, as this subject is helpful to people who want to open carry FOR REAL and have to worry about what is and is not legal to do in a gun free school zone.
 
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georg jetson

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And once again were does it say anywere that you have to have your weapon concealed in order to be covered by a concealed permit in a gun free school zone? And once again this is a open carry topic, as this subject is helpful to people who want to open carry FOR REAL and have to worry about what is and is not legal to do in a gun free school zone.

If you're NOT carrying concealed, then you DON'T need a permit to OC in a STATE GFSZ. If you're not carrying concealed then you're NOT in violation of RS 14:95 and you don't need a permit.
 

georg jetson

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I don't see how we CAN't be talking about Federal law. It's the Federal law that pretty much started all of this and is the reason for the State law. The Federal Law says you need a State issued permit to carry a firearm within 1000 feet of a school. Our State issue permit is to conceal carry. Thus it can't fulfill the Federal requirements for entering a GFSZ with an Openly Carried pistol.

My bad Yale... you're right that we ARE talking about Fed law. However, the the state issued CC permit DOES "fulfill the Federal requirements for entering a GFSZ with an Openly Carried pistol." ...and that's MAINLY because MOST legislators are EFFING MORONS... buts that's the way it is for now...
 

georg jetson

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Next time you see a federal cop working a school zone, let me know.

That's a clever observation HOWEVER, if you are MISTAKENLY arrested by LOCAL law enforcement and properly have you case DISMISSED, then the local prosecutor MAY hand the case over to the FED prosecutor. Being prepared to handle the UNCONSTITUTIONAL federal charge would be prudent.
 

KBCraig

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That's a clever observation HOWEVER, if you are MISTAKENLY arrested by LOCAL law enforcement and properly have you case DISMISSED, then the local prosecutor MAY hand the case over to the FED prosecutor. Being prepared to handle the UNCONSTITUTIONAL federal charge would be prudent.
All that is true enough.

However, the simple truth is that unless you were carrying a load of drugs or child porn at the time, the AUSA won't care. Absent any other serious federal violation, it just won't be prosecuted. I've seen people convicted of it, but only as a plea bargain over other, much more serious charges, and only if they're spilling their guts.

Please note, I'm only making this statement regarding pro-gun states. In much of California, NY, Mass., or Maryland, the USAs tend to share the political views of the locals.

The risk of unlicensed OC in a school zone, or unlicensed cary carry in a school zone, is the same has having your LA license and driving through a school zone in another state. Even if your license is recognized there, or even if that state doesn't require a license for car carry (just like LA), passing through a school zone is both inevitable, and illegal under federal law if you have a loaded firearm.

Obviously your chance of being noticed while OCing on foot through a school zone are greater than being noticed while driving. But, school zones are strict enforcement zones for traffic laws, so the chances of a police encounter there are greater than while driving in general.

I'd be very interested in seeing any cites to cases where simple possession of a loaded firearm has lead to federal GFSZA charges.
 
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