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Open carry OK where CCW not?

D

Dustin

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Lake Charles Area, Louisiana, USA
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Louisiana Carry wrote:
Again, don't forget that I can legally carry concealed in school zones, churches and other places with my parish permit. State permit only holders do not have that option. Get both was my theory.

Should the day come when permits are still legally required, but the restrictions on where you can carry are relieved with the State permit, I would have no use for the parish permit. That day has not arrived, yet. LA Carry is working on it, though.
Click to expand...

Is this just for the Parish that YOU reside in ?
 
J

Jared

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Michigan, USA
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Dustin wrote:
Since when/why would a STATE permit, NOT OVERIDE a Parish/Municipal permit ?

That's the whole reason the State came out with it. So the State could make a "one for all" permit. Again regulated and issued by the STATE & LSP.

I'd like anyone to see if they could actually get a Parish permit, to see if it's possible now. As in today, not 4 years ago.
Click to expand...

That is all incorrect.

A parish permit has been around since at least 1975. A parish permit may be issued to ANYONE who can possess a firearm legally. A parish permit is valid EVERYWHERE within the parish in which it was issued.

The Deputy Secretary of the state police can also issue a statewide version of the parish permit as long as they have a parish permit from their place of domicile.

The language of the law allows the Deputy Secretary to place restrictions on his permit as he deems necessary and they are legally binding. There is no language for a sheriff to place restrictions on a parish permit.

These two permits are issued under 40.1379.1 The law is still valid and it is still on the books. Again, your girlfriends grandfather could not be any more incorrect on this. If 40.1379.1 was repealed, then he would be correct. But it is alive and well and more amendments have been made to the section as late as 2006, 10 years after the shall-issue law was passed.



40.1379.3 is the shall-issue law. This section has a laundry list of places where a concealed handgun can not be carried if the permit was issued under this section.

The school carry ban can be found in Title 14, also that section of law clearly states that holders of permits issued under 40.1379.1 are exempt.

The law also states in 40.1379.3 that out of state carry permits that are valid are carried as if they were a LA permit holder of a 40.1379.3 permit.
 
D

Dustin

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Lake Charles Area, Louisiana, USA
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Jared wrote:
Dustin wrote:
Since when/why would a STATE permit, NOT OVERIDE a Parish/Municipal permit ?

That's the whole reason the State came out with it. So the State could make a "one for all" permit. Again regulated and issued by the STATE & LSP.

I'd like anyone to see if they could actually get a Parish permit, to see if it's possible now. As in today, not 4 years ago.
Click to expand...

That is all incorrect.

A parish permit has been around since at least 1975. A parish permit may be issued to ANYONE who can possess a firearm legally. A parish permit is valid EVERYWHERE within the parish in which it was issued.

The Deputy Secretary of the state police can also issue a statewide version of the parish permit as long as they have a parish permit from their place of domicile.

The language of the law allows the Deputy Secretary to place restrictions on his permit as he deems necessary and they are legally binding. There is no language for a sheriff to place restrictions on a parish permit.

These two permits are issued under 40.1379.1 The law is still valid and it is still on the books. Again, your girlfriends grandfather could not be any more incorrect on this. If 40.1379.1 was repealed, then he would be correct. But it is alive and well and more amendments have been made to the section as late as 2006, 10 years after the shall-issue law was passed.



40.1379.3 is the shall-issue law. This section has a laundry list of places where a concealed handgun can not be carried if the permit was issued under this section.

The school carry ban can be found in Title 14, also that section of law clearly states that holders of permits issued under 40.1379.1 are exempt.

The law also states in 40.1379.3 that out of state carry permits that are valid are carried as if they were a LA permit holder of a 40.1379.3 permit.
Click to expand...

Uh, Yea, that's the saem thing LA Carry said above. And being that I asked TWO questions, how can a question be incorrect ?
 
J

Jared

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Michigan, USA
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Louisiana Carry wrote:
Dustin wrote:
Since when/why would a STATE permit, NOT OVERIDE a Parish/Municipal permit ?

That's the whole reason the State came out with it. So the State could make a "one for all" permit. Again regulated and issued by the STATE & LSP.

I'd like anyone to see if they could actually get a Parish permit, to see if it's possible now. As in today, not 4 years ago.
Click to expand...

Again, don't forget that I can legally carry concealed in school zones, churches and other places with my parish permit. State permit only holders do not have that option. Get both was my theory.

Should the day come when permits are still legally required, but the restrictions on where you can carry are relieved with the State permit, I would have no use for the parish permit. That day has not arrived, yet. LA Carry is working on it, though.
Click to expand...


Keep in mind that you can open carry everywhere in the state except for schools (parish permit holders exempt but open carry is not recommended in schools for obvious reasons). All restrictions in 40.1379.3 only hold to concealed handguns . The school zone restrictions apply to OC because they are mentioned in Title 14. It sounds like Louisiana is VERY open carry friendly, not the education of the different departments begin :).
 
J

Jared

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Messages
892
Location
Michigan, USA
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KBCraig wrote:
whoopingllama wrote:
which states exactly?
Click to expand...
I don't recall exactly, so don't trust this as reliable information, but off the top of my head I believe South Dakota and one of the Carolinas.
Click to expand...
North Carolina and Montana restrict banks, but it only applies to CCW, open carry is ok.
 
L

Louisiana Carry

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Feb 28, 2008
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Location
Keithville, Louisiana, USA
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Jared wrote:
Keep in mind that you can open carry everywhere in the state except for schools .
Click to expand...

Not exactly true.

State preemption law allows for local restrictions that were in place prior to it's passing, as well as government buildings and "certain commercial establishments."

Beside that, firearms are prohibited inside any establishment licensed to sell alcohol of high or low content for consumption on the premises, whether or not such sale is incidental to the primary purpose of the business.

RS 40:1796 Preemption of state law

RS 14:95.5 Possession of firearm on premises of alcoholic beverage outlet
 
L

Louisiana Carry

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Keithville, Louisiana, USA
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mark edward marchiafava wrote:
Micah,
In your picture, you look GLAD to be photo'd and fingerprinted by the state !!!
The concept of the state taking your picture, fingerprint and cataloging a citizen is totally foreign to my interpretation of liberty and freedom.
Such a concept would be more at home in the Fatherland of the 1930's - 40's.
Click to expand...

Would not taking a gun rights case to trial rather than accepting a confidential settlement also be more in line with such an absolutist view?

Don't get me wrong, I am not taking issue with the way you handled things, I am just witnessing my earlier point that we have to pick our battles to be effective.

icon_smile_wink.gif
 
M

mark edward marchiafava

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May 19, 2007
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baton rouge, Louisiana, USA
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When all that started, I had NO idea a non-disclosure agreement even existed.
It wasn't until it came time to sign the papers the attorney brought that up.
I'd imagine anyone applying for a permit is well aware of what they are doing beforehand.
Again, if MORE, not ALL, persons desiring to bear arms would bypass the permit process and openly carry, the state would have very few customers. At some point, CCW permits would be reduced for quick sale, fade into oblivion.
 
Y

Yrdawg

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Jul 28, 2008
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South Starks ( not near water tower ), ,
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[align=justify](4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.[/align]
[align=justify][/align]
[align=justify][/align]
[align=justify]Does this mean I can carry in a privatly owned convenience store ?? Within 1000ft ??[/align]
[align=justify][/align]
[align=justify]I asked the CHP office a few years ago and was told no, that means private residence.[/align]
[align=justify][/align]
[align=justify]However as we see stipulation is made for private residence.[/align]
[align=justify][/align]
[align=justify]My limited research says La has only two types property[/align]
[align=justify]Private or Public[/align]
[align=justify]SO..I'm saying on private prop within 1000 ' is legal, store, shop, whatever, if not other wise posted.[/align]
 
Y

Yrdawg

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South Starks ( not near water tower ), ,
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Yea me too



I was so happy when La voted in CHL......Mike Foster signed it and I swore to be his friend 4 ever



We have made a lot of progress in our state laws, castle doc, stand yer grnd, upgraded trespass law, all lean toward individual responsibility to protect you and yours



I'm still impatient to see all restrictions lifted on carrying



However, and I don't know how, I still believe we need some standardized form of training and law . If for nothing else to set a LTC person apart from thugs and gang bangers who have no respect for others



That should be another thread I guess.....somebody start it :question::question:
 
D

Dustin

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Lake Charles Area, Louisiana, USA
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Yrdawg wrote:
I was so happy when La voted in CHL......Mike Foster signed it and I swore to be his friend 4 ever
Click to expand...



Speaking Of,

Mike Foster made many a Duck Hunt on our land north of Marksville around Lake Ophelia.

Believe it or not, his favorite beer is, Miller High Life.

He always brought 2 cases for one weekend :cool:
 
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