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open carry under 21

fat00cajun

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i was wondering, i have read about the fact that you can carry a handgun at 17 and up as long as it is open carry. now heres my question, you cant purchase a handgun untill youre 21 so how would that work. also i have read you cant transport your firearm while it is loaded??? i have tried to obtain a concealed weapons license but you cannot obtain one until you are 21. i have been trying to find out the legalities. thankyou. here is my source of my questions.



Office of the Attorney General
State of LOUISIANA

Opinion No. 78-1288
September 29, 1978

47-A FIREARMS
An off duty deputy sheriff cannot carry a concealed weapon beyond the parish
where he is commissioned without a permit by the State Police superintendent.
R.S. 14:95 & R.S. 40:1379.1

Hon. Huntington B. Downer, Jr.
State of LOUISIANA
House of Representatives
District 52
P. O. Box 7015
Houma, LA 70361

Dear Mr. Downer:

This office is in receipt of your recent letter requesting an opinion. Your
question, as I appreciate it, is as follows:
Whether a deputy sheriff or other law enforcement officer of a parish can
carry his weapon off duty beyond the parish where he is commissioned?
Pursuant to R.S. 14:95 it is illegal for a private citizen to carry a
concealed weapon, but deputy sheriffs, among certain other designated law
enforcement officers, are excepted. However, beyond the territorial limits of
his jurisdiction an off duty deputy sheriff would be governed by the same laws
as every other citizen.
Therefore, it must be concluded a deputy sheriff could not legally carry a
concealed weapon while off duty and outside of his parish unless he has
received a concealed hand gun permit from the superintendent of state police as
set forth in R.S. 40:1379.1.
Of course, it is pertinent to observe that any citizen may bear arms that are
not concealed. In this regard the LOUISIANA Supreme Court ruled in State v.
Fluker, 311 So. 2d 863, that a weapon is not concealed, even if not in full,
open view, if it is sufficiently exposed to reveal its identity. Thus, a gun
in a holster on one's hip is not illegal.
We hope this sufficiently answers your question but if we may be of further
assistance, please do not hesitate to contact us.

Sincerely yours,

William J. Guste, Jr
Attorney General

By: Barbara B. Rutledge
Assistant Attorney General
La. Atty. Gen. Op. No. 78-1288, 1978 WL 32438 (La.A.G.)
END OF DOCUMENT







RS 14:95.8

[align=justify]§95.8. Illegal possession of a handgun by a juvenile[/align]
[align=justify]A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.[/align]
[align=justify]B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars and imprisoned for not less than ninety days and not more than six months.[/align]
[align=justify](2) On a second conviction, the offender shall be fined not more than five hundred dollars and imprisoned with or without hard labor for not more than two years.[/align]
[align=justify](3) On a third or subsequent conviction, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.[/align]
[align=justify](4) A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not less than five hundred dollars and not more than one thousand dollars and shall be imprisoned with or without hard labor for not less than six months and not more than five years. At least ninety days shall be served without benefit of probation, parole, or suspension of sentence.[/align]
[align=justify]C. The provisions of this Section shall not apply to any person under the age of seventeen years who is:[/align]
[align=justify](1) Attending a hunter's safety course or a firearms safety course.[/align]
[align=justify](2) Engaging in practice in the use of a firearm or target shooting at an established range.[/align]
[align=justify](3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.[/align]
[align=justify](4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an unloaded gun.[/align]
[align=justify](5) On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee of the property.[/align]
[align=justify](6) At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun.[/align]
[align=justify](7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.[/align]
[align=justify]D. For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the barrel length shall not exceed twelve inches.[/align]
[align=justify]Acts 1999, No. 1218, §1.[/align]
 
Last edited:

fat00cajun

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sorry about that i went back and read the passage about possession i posted.now i fully understand it(that's what happens toyou when you stay up till 3 trying to read laws).


i apologise for how old the information is. I'm searching for as much information as possible before i leave my house open carrying. i know i will be stopped while walking so i will need as much information as possible to explain to the police officer.



Thank you

Cajun
 

charlie12

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Sep 7, 2007
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Location
Baton Rouge, Louisiana, USA
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fat00cajun wrote:
sorry about that i went back and read the passage about possession i posted.now i fully understand it(that's what happens toyou when you stay up till 3 trying to read laws).


i apologise for how old the information is. I'm searching for as much information as possible before i leave my house open carrying. i know i will be stopped while walking so i will need as much information as possible to explain to the police officer.



Thank you

Cajun
I'm sorry I can't help on you open carrying at you age I'm old :lol:and haven't read much about someone your age.
 
Joined
May 19, 2007
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I do not understand why people start a discussion about a right by looking at a piece of paper spewed forth by the legislature, ESPECIALLY the Louisiana version, or worse yet, the attorney general's office.

Try this instead. Read the supreme law of the state, the Louisiana state constitution. It trumps anything those bozos in the state capitol could ever concoct.

Article 1, sec 11 clearly states YOU have a right to bear arms. I see NO exceptions, conditions, etc. It's a right, not a privilege. In the POLICE STATE OF LOUISIANA, at 17 you're considered to be "of age."
 

fat00cajun

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i understand it is my right to bare arms. i exercise my right as much a possible. that is why i am trying to find out as much information as i can and everywhere i go i find conflicting information. i will invest some more time into the information you have provided. what i am trying to do exactly right now is trying to find out all the information i can and print up the documents.



Thankyou

Cajun
 
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Joined
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Yes, being arrested and having your firearm confiscated is something to avoid, BUT be prepared to have that happen despite how many times you've read the law and been in strict compliance. To intentionally ignorant cops, that makes no difference. The law is what they say it is, screw the constitution and your rights. As the late, great Nathan Earl Miller often said, "the only rights you have are the ones they allow you to exercise." Truer words were never spoken.
 
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