Louisiana Open Carry

by rex on April 18, 2010

in Gun Rights,State

Denver Gangs targeting white people

Ok – so let’s address the typical first questions that I am asked: (1) Why I am concerning myself with open carry?  (2) Am I a crazy gun-toting right-winger? (3) Why not Concealed Carry?

To answer the first question involves a bit of background on me. I consider myself a Conservative, and as such I am very much into personal responsibility. I do not believe it is the job of the police or any government agency to protect me and my family. I believe that job ultimately falls upon me.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Does that mean that I don’t believe in the police or our Armed forces? Of course not – I certainly support my tax dollars spent on one of the primary functions of the Federal government and the local government. After all, it is clearly stated in the Preamble to the US Constitution. However, if someone threatens me or my family or my property (or even my neighbors), then my first thought is not going to be calling the police. My first thought is using whatever force necessary for protection, and that certainly means lethal force. No warning shots, no opportunity to run – lethal force.

shreveport current crime

What are the chances of someone trying to assault me or my family? Probably slim, but not zero. Just take a look at the racially motivated gangs in Denver or the current crime in Shreveport. Bossier City certainly has it’s own share of crime, including my own neighborhood.

Let me put it simply. At my core I believe in God, family, and country (no I am not a Marine). Don’t jack with my stuff, and I certainly won’t jack with yours. If you do jack with my stuff, you will suffer the consequences.

No free man shall ever be debarred the use of arms. — Thomas Jefferson

Now – let’s answer the 2nd question. No, I am not crazy. No, I am not a “right-winger” by the popular definition. Yes, I am gun-toting. Simple enough to answer, right?

Louisiana may be known for a lot of bad things (corruption, etc); however, it does have 2 very good things going for it – awesome hunting and outdoors AND fully supporting its citizens’ rights to protect themselves.

Louisiana Constitution - Article 1 Section 11

To answer the 3rd question, it’s simple. I just haven’t applied for my Louisiana Concealed Carry yet. However, there are some very interesting stats since the 1996 Legislature amended and re-enacted R.S. 40:1379.3 allowing for concealed carry again. Also, here are links to the reciprocal states and the FAQ’s on concealed carry in Louisiana.

You will also hear a lot of “urban legend” concerning the rights of Louisiana citizens when it comes to use of force in defending themselves or their property. Now, I am not an attorney, but the Revised Statues of Louisiana make it abundantly clear. A citizen can defend with deadly force against attacks of their property, home, or even if in a vehicle.

LS RS 14:19 Use of Force

Now, granted IANAL (i am not a lawyer), but I encourage all responsible citizens to review your own state and local laws. Take responsibility for yourselves and your families. Part of the reason violence and crime spread in neighborhoods (of all races) is due to inaction by citizens.

Shreveport Municipal Code

Bossier City Municipal Code

Louisiana Criminal Law
http://www.legis.state.la.us/lss/lss.asp?folder=88

Louisiana Attorney General, Opinion No. 78 795, June 19, 1978
State v. Fluker 311 So. 2d 863, a 1975 case which discusses the determination of concealment of a firearm

Credit to Louisiana Carry for excellent links (below):

RS 9:2800.19 Limitation of liability for use of force in defense of certain crimes
RS 9:2800.60 Liability of manufacturers and sellers of firearms
RS 14:3 Interpretation of Criminal Laws
RS 14:16 Mistake of fact
RS 14:17 Mistake of law
RS 14:18 Justification; general provisions
RS 14:19 Use of force or violence in defense
RS 14:20 Justifiable homicide
RS 14:21 Aggressor cannot claim self defense
RS 14:22 Defense of others
RS 14:91 Unlawful sales of weapons to minors
RS 14:94 Illegal use of weapons or dangerous  instrumentalities
RS 14:95 Illegal carrying of weapons
RS 14:95.1 Possession of firearm or carrying concealed weapon by a person convicted of certain felonies
RS 14:95.1.1 Illegally supplying a felon with a firearm
RS 14:95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone
RS 14:95.4 Consent to search; alcoholic beverage outlet
RS 14:95.5 Possession of firearm on premises of alcoholic beverage outlet
RS 14:95.6 Firearm-free zone; notice; signs; crime; penalties
RS 14:95.7 Possession of or dealing in firearms with obliterated number or mark
RS 14:95.8 Illegal possession of a handgun by a juvenile
RS 14:103 Disturbing the peace
RS 14:329.2 Inciting to riot
RS 32:292.1 Transportation and storage of firearms in privately owned motor vehicles
RS 33:120 Zoning of heavily populated areas from hunting and shooting of firearms
RS 33:4879 Purpose; firearms buyback program; authorization
RS 28:183 Furnishing weapons [to a mental health patient]
RS 40:1379.1 Special officers; powers and duties; concealed handgun permit
RS 40:1379.3.1 Concealed Handgun Permit Fund; assessment and disposition of fees
RS 40:1379.3 Statewide permits for concealed handguns; application procedures; definitions
RS 40:1382 Negligent carrying of a concealed handgun
RS 40:1796 Preemption of state law
RS 33:1236 Powers of parish governing authorities –  (37)  To regulate the use of air rifles within the limits of the parish

CCRP Art. 214 Arrest by private person; when lawful
CCRP 215.1 – Temporary questioning of persons in public places; frisk and search for weapons

Added 3-11-2011: LA Open Carry also has some great information started on their website.

http://www.laopencarry.org/how-do-i-know-open-carry-is-legal-in-louisiana-t73.html

RS 32:292.1RS 32:292.1

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  • http://andysredneckramblings.blogspot.com/ Andy

    Good piece, Rex. Did you see that Arizona just passed, and their Governor signed in to law “concealed carry” for almost all residents?

    I was kinda surprised. They are not even requiring a permit to conceal carry now. I’m not sure it’s such a great idea to require “nothing,” but then again, the bad guys are gonna conceal carry anyway.

    As I read about it, the police officer unions got behind the legislation big-time.

    I don’t conceal carry…just haven’t been to the class yet. My wife and I both have sworn to each other for years that we’re going to get it done…but something always seems to prevent us. We do open carry while traveling, though.

    Guess we’d better “make time” to get the cc classes done.

    Good post. Thanks.

    • http://www.conservativedrink.com rex

      Hey Andy,

      Yep, I saw that. If you think about it, really that’s the way it should be. After all, how many criminals sit and think “Oh my goodness, I don’t have a concealed carry permit so I won’t conceal my weapon!”. That’s about as stupid as the “gun free zones” around schools.

  • Glenn

    Love it.
    Thanks for the post

  • Jim

    Just getting a chance to read your article. Very good and informative. Your prep. must have taken a lot of time, very nicely done.

  • mark edward marchiafava

    Just strap it on, open carry, no permission slip needed.

    • cellblock776

      For those who don’t know, the Louisiana Carry website is no longer active. The owner decided not to renew it. Other sites like Bayou Shooter ( http://www.bayoushooter.com/forums/index.php) and Louisiana Open Carry Awareness League (www.laopencarry.org ) have forums where those interested in the subject can ask questions and get infromation.

      • http://pulse.yahoo.com/_DUFKFR3JF4AVBZKFFFPA2VC27U mark edward marchiafava

        Bayou shooter about open carry? LOL, that is just too funny.  Obviously, you haven’t been there and promoted OC.  Nothing there but a bunch of statists.

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