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open carry opelousas

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,337
Location
Valhalla
We are not lawyers and do not attempt to give legal advice. Seek the advice of an attorney AND follow it.

If all is as described, you would appear to have a slam dunk + may just be in line for some compensation.

If you request deletion of this thread and your other post you have but to request it.
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
A good lawyer will kick their ass and sue them to boot. The law as written should have no effect on Open Carry as long as you were carrying in an unrestricted area as far as Open Carry is concerned (no school areas, posted or alcohol served for consumption on the premises). Go to http://laopencarry.org and see our Lawyer List on our forum and look over the links to the various FAQs and laws there.
 
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Glockrunner

New member
Joined
Jun 26, 2013
Messages
14
Location
BR
This ordinance pre-dates exemption, it does not supersede it.

Opelousas also appears to prohibit OC, although I haven't seen the specific ordinance covering that.

As I see it the only wriggle room you have is being arrested for breaching 1 ordinance while not actually doing the specific activity it prohibits (OC'ing but arrested under the CC'ing ordinance)

I don't know if they can amend the charge now or not.

None of the above is legal advice.

Get a lawyer.
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
They have no law that prohibits OC. The law they quoted us specifically states "Concealed" so therefore has no effect on openly carried guns.

See the article here: http://www.laopencarry.org/newsletters/newsletter1409.shtml

Late last month LOCAL learned that an Open Carrier was told by an Opelousas Police Officer that citizens were not allowed to Openly Carry firearms in the city of Opelousas. LOCAL contacted the Public Information Officer for Opelousas PD, Sgt Jody White asking for clarification of the law that they said bans Open Carry in Opelousas. We received the following reply,
"LOCAL,
Due to recent nationwide developments regarding the open carry of firearms and inquiries by the general public, I did a little research to help aid in your response to the public if questioned.

LARS 14:95 is the statute that clearly defines the illegal carrying of a weapon.
Attorney General Opinion No. 78-0795 states that there are no Louisiana state statutes that prohibit the open carry of firearms, BUT, City Ordinance Section 18-10 prohibits "a weapon or weapons concealed on or about the person". This would mean that one Cannot carry a weapon on his/her body. This will not pertain to legally issued "Louisiana conceal carry permits" that, under Louisiana Law, must be concealed. This ordinance does not allow any other carrying of a weapon.
Some will cite "LARS 40:1796 Preemption of state law" that they will use as justification to nullify local ordinance. That preemption statute is Date Specific as of July 15, 1985 and does NOT nullify the Opelousas City Ordinance due to the fact that LOCAL ORDINANCE PREDATES the preemption clause in that statute. They fail to include that little detail in "Frequently Asked Questions". If you encounter questions regarding open carry, you should advise the public that they need to check local ordinances for open carry laws before making a decision to open carry. This jurisdiction prohibits open carrying of a weapon.
Contact the City of Opelousas Records Section at 337-948-2520 for copies of City Ordinances."
So we contacted the city Records Department and received this copy of their 18-10 code-
"18-8.1 OPELOUSAS CODE § 18.10

Sec. 18-10. Weapons-Carrying concealed.
Whoever shall carry within the corporate limits of the city, a weapon or weapons concealed on or about the person, such as pistols, bowie knives, dirks, razors, or any other dangerous weapons, shall on conviction thereof, suffer fine or imprisonment, the fine not to be less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00), and imprisonment not to be less than ten (10) days nor more than thirty (30) days, or both such fine and imprisonment at the discretion of the city judge, provided that the provisions of this section shall not apply to sheriffs, and their deputies, constables, city police officers and the city marshal, when in the actual discharge of their official duties. (Ord. No. 1, § 1,1-19-23)"
The code that Officer White cites clearly covers only the carrying of CONCEALED weapons. This law has nothing to do with openly carrying a firearm or other weapon. Officer White and the Opelousas PD are using an old law banning people from carrying concealed weapons to prevent the lawful exercise of open carry. This is dishonest and corrupts the law as it is written.
Officer White also made the point to state that some fail to address preemption in FAQs and tells us that we should advise the public to check local ordinances before open carrying. Since 2009 LOCAL has been making citizens aware of the right to open carry in Louisiana. We have always advised citizens to research local and parish laws as well as State laws. We have addressed the partial preemption that we live under numerous times. We find it hypocritical that a Law Enforcement Officer who is misapplying a city ordinance to ban a constitutionally protected right feels it is necessary to remind us to tell people about following the law.
LOCAL encourages you to stand up for your rights. Contact the Opelousas Police Chief, the Mayor and City Council members and tell them that illegally enforcing a ban on the constitutional right to openly carry a firearm for self defense puts citizens in danger from criminals as well as police officers who are enforcing this ban. Citizens not only face being detained or arrested but could be injured or killed by responding officers. The City could be subjected to lawsuits resulting from arrests under this ordinance. Tell the officers of the Opelousas Police Department that they are wrong and you know better.
 

cjbiv

New member
Joined
Nov 16, 2013
Messages
23
Location
Republic of West Florida (the Louisiana part)
Hello Quinn Meche

I see you deleted your original post. I understand.
PLEASE do get your attorney, have him/her defend you criminally and then represent you in a civil suit against the City of Opelousas, the Opelousas police department AND the officer(s) that arrested you.

ALSO, please consider filing a complaint with the Department of Justice (DOJ). Here is a link to a page of theirs that explains what avenues are available, and how to go about doing it. Remember, this is NOT just a gun case; this is a 4th Amendment case. You, by being falsely arrested, were illegally seized (that is what a false arrest technically is, an illegal seizure. YOU are the thing that is "illegally seized."

http://www.justice.gov/crt/about/spl/documents/polmis.php

The DOJ, if they act on your complaint, can proceed criminally or civilly (they seek an injunction if they proceed civilly) against the individual officer, the PD, or the City; or a combination of all three.


I understand that you do not want to discuss your situation here on the forum, and that is a good idea. But, if you do not mind, would you provide us with the docket number of your criminal case in Opelousas? I would like to follow it. If I know the number, I can follow it.

Whatever you do, don't give in; fight these bastards. They know they are wrong, they are just trying to bully you and others who carry openly. Either that, or they are too stupid to be carrying badges. We are here for you. If you end up going to federal court to sue these people, I am going to make the time to attend the proceedings. I feel for you. The s.o.b. that arrested you is scum. I hope the Fates give him what he deserves for abusing his authority.
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
This is publicly available info:

He was charged with: Entering Remaining after being Forbidden, Carrying concealed weapons. Both of these charges are pure BS as he was OPENLY Carrying and the call to report him stated such! Also, according to him, at no time was he ever asked to leave anywhere.
 
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HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
An extensive background check has revealed no prior criminal activity of any description and a squeaky clean past according to the site we used to verify him as someone we should support.
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
There IS one issue and that is it turns out he was asked to put his gun in his car twice then the cops were called. He was at a movie theater that was not posted when the incident occurred so the illegal Concealed Carry charge is BS but he will have to deal with a trespassing charge as I see it.
 

cjbiv

New member
Joined
Nov 16, 2013
Messages
23
Location
Republic of West Florida (the Louisiana part)
Yes, the Sec. 18-10, conceal carry, charge is bull because he was carrying in plain view/open carrying. But the "remaining after being forbidden" is going to stick, even if the theater wasn't posted. Hell, the guy was asked to leave twice!
People like this hurt the cause, it is as plain and simple as that.
I am really annoyed with this guy; how could he come on this site, ask for help, and not tell the whole story. Did he think the truth didn't matter?
Let him pay for an attorney out of his own pocket and try to get the best plea deal he can.

(It seems like it is always some guy being a jerk or an idiot.)
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
Like so many he THOUGHT he knew the law and thought he was in the right. This is exactly why LOCAL advises that you learn all you can AND contact and have at the ready a lawyer who will advise and represent you BEFORE you carry and after it all goes sideways.
:banghead:
 

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
Messages
5,831
Location
Southeast, Missouri, USA
I'm disappointed to read about the trespassing issue. Even if it hadn't been illegal it was bad form. It doesn't change the apparent inappropriate charge of CC but it certainly didn't help fellow OCers in the matter.
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
I am in the process of changing the info on our (LOCAL's) website and in our brochures to point out that, when asked to leave or take your gun to the car, politely excuse yourself and LEAVE! This will also be a featured post in our next newsletter!
 

HeroHog

Regular Member
Joined
Aug 26, 2008
Messages
628
Location
Shreveport, LA
I'm sorry you feel that way. We can only go on what we are told and make assumptions based on experience and what we have seen in past incidents. I am very glad that it worked out in the end and am sorry for what the system put you through. Hopefully, in the future, you will have a better understanding of how "being legal" can still get out of hand.
 
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