Louisiana now strongest gun laws in country

[madwabbit]

As of January 1, 2013 your state concealed carry license trumps any "No Firearms Allowed" plastered to businesses, etc. The only places you cannot carry are courthouses, jails, polling stations, or other federal buildings. The business owner retains the right to refuse to service anyone they please, its just no longer a violation of your permit by ignoring their posted signs. ie: they can make you leave, but it is no longer a criminal offense. You can also now carry in places of worship. (which many do anyway...just sayin) The biggest impact here for me is church functions and movie theaters. I'm in the practice of "rather have it and not need it", but it's nice to know that I'm no longer being forced to choose between the lesser of two evils in regards to either obeying the law or practicing my 2nd amendment rights.

What we must remember is not so get too comfortable with our new liberties that we forget them when we travel.

 

[NavyLCDR]

Louisiana now strongest gun laws in country

Respectfully....not even close. You must also realize the new amendment to the Louisiana Constitution in no way shape or form repeals or modifies any existing restrictions contained in statute. The amendment only allows for strict scrutiny. Until a court scrutinizes a statute and nullifies, the existing statute still remains in effect.

One can't believe everything they read in the media. Alaska, Vermont, Arizona and Wyoming will continue to have the "strongest gun laws" in the country - which is actually an oxy-moron. They have the least laws relating to guns.

 

[NavyLCDR]

Louisiana Ballot Measure Could Mean More Guns on Campuses, Professor Says - Decision 2012 - The Chronicle of Higher Education

"What does this amendment do?It allows all Louisiana gun laws to come under the “strict scrutiny” doctrine. For example, let’s say a Southeastern Louisiana University student decides he wants to carry his Glock to class, which is currently illegal, and he gets the National Rifle Association or some other group to file suit on his behalf for free. Well, if a state judge says the campus policy is a violation of Amendment No. 2, the policy is struck down."

 

[NavyLCDR]

How does this amendment legalize carrying in places of worship?

 

[madwabbit]

Now I may be wrong, but im near certain that in those states (except alaska) it is still a violation to carry your firearm into any building with a posted "no firearms" or "anti-gun zone" sign. They treat it as a business owners right that cannot be violated, and is a criminal infraction that you agree into by accepting the license.

 

[madwabbit]

FYI this isn't from the media, its from the baton rouge concealed handgun unit. they verified that the major changes are that carrying into a place of worship -would no longer be- a violation of my permit and that I may carry CONCEALED onto public or private buildings with posted "no weapon" signs, ie: mom n pop grocery stores, etc. I cannot OC into these areas.

Just relaying what I was told, can provide number if you'd like to ring them up.

 

[Rhino]

Now I may be wrong, but im near certain that in those states (except alaska) it is still a violation to carry your firearm into any building with a posted "no firearms" or "anti-gun zone" sign. They treat it as a business owners right that cannot be violated, and is a criminal infraction that you agree into by accepting the license.

You're wrong. There are several states where that isn't true. And technically it's still true in Louisiana. It's still illegal, but you may have better options now if you get caught, assuming you have the money to go to court and fight.
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FYI this isn't from the media, its from the baton rouge concealed handgun unit. they verified that the major changes are that carrying into a place of worship -would no longer be- a violation of my permit and that I may carry CONCEALED onto public or private buildings with posted "no weapon" signs, ie: mom n pop grocery stores, etc. I cannot OC into these areas.
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Just relaying what I was told, can provide number if you'd like to ring them up.

Post a link. I will.
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http://d20b91ibeoos7k.cloudfront.net/static/billtext/40072.pdf
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Nothing whatsoever in there about places of worship or posted buildings. In fact, you can search all day and find absolutely no change whatsoever to Lousiana law because it doesn't change at all. The only change is that courts must apply strict scrutiny to restrictive gun laws that come before them. To do that, somebody has to go to court. To do THAT, they either have to break the law or file a lawsuit. Which one are you planning to do?

 

[NavyLCDR]

FYI this isn't from the media, its from the baton rouge concealed handgun unit. they verified that the major changes are that carrying into a place of worship -would no longer be- a violation of my permit and that I may carry CONCEALED onto public or private buildings with posted "no weapon" signs, ie: mom n pop grocery stores, etc. I cannot OC into these areas.

Just relaying what I was told, can provide number if you'd like to ring them up.

You were told wrong. For one thing, why would you NOT be able to open carry in the same areas that you could carry concealed? Where in the Louisiana Constitutional Amendment does the word CONCEALED appear? No where. The amendment reads:

Section 11. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.

I don't see the word CONCEALED in there at all, do you? Maybe it's hidden.....

 

[madwabbit]

You were told wrong. For one thing, why would you NOT be able to open carry in the same areas that you could carry concealed? Where in the Louisiana Constitutional Amendment does the word CONCEALED appear? No where. The amendment reads:

Section 11. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.

I don't see the word CONCEALED in there at all, do you? Maybe it's hidden.....

Just called again for clarification- exact words: "Openly carrying into any location with a displayed "No Weapons" sign is an infringement on the property owners rights. It is and always has been a violation of your permit. Carrying CONCEALED in these locations is no longer a direct violation. Example: Bobs Used Cars has a !weapon sign outside. I conceal in anyway, and end up using it in a self-defense scenario. I can no longer be charged with willfully disobeying his sign. (and in her exact words, i COULD be charged, but itd be unlikely and you'd have a clear case in court.) Whereas, carrying OPENLY is a direct violation of the property owners request, and could even be considered trespassing as the owner has a posted sign on his own property.

Number for your kicks and giggles is (225) 925-4867.

I'm not saying I am the know-all, and hell I'm not saying the cop at the handgun unit is either ...im just telling you correct or not, the information being provided over the telephone.

And with regards to places of worship: It is not a blanket policy of "illegal because its a place of worship" so long as you have the expressed permission of the property owner. Owners rights trump the generality of "a place of worship". - she said this was not a november change as i thought, it has always been true though not advertised.

 

[madwabbit]

I like that you guys have the exact sections and links- it's awesome to know that there are guys out there doing homework; We all know how far "the lady told me I could do it" would get you in court.

 

[NavyLCDR]

Just called again for clarification- exact words: "Openly carrying into any location with a displayed "No Weapons" sign is an infringement on the property owners rights. It is and always has been a violation of your permit. Carrying CONCEALED in these locations is no longer a direct violation. Example: Bobs Used Cars has a !weapon sign outside. I conceal in anyway, and end up using it in a self-defense scenario. I can no longer be charged with willfully disobeying his sign. (and in her exact words, i COULD be charged, but itd be unlikely and you'd have a clear case in court.) Whereas, carrying OPENLY is a direct violation of the property owners request, and could even be considered trespassing as the owner has a posted sign on his own property.

Number for your kicks and giggles is (225) 925-4867.

I'm not saying I am the know-all, and hell I'm not saying the cop at the handgun unit is either ...im just telling you correct or not, the information being provided over the telephone.

And with regards to places of worship: It is not a blanket policy of "illegal because its a place of worship" so long as you have the expressed permission of the property owner. Owners rights trump the generality of "a place of worship". - she said this was not a november change as i thought, it has always been true though not advertised.

Like we said...nothing in the law has changed. The new amendment simply gives a person standing in court to possibly have the law they are charged with violating tossed out under strict scrutiny.

 

[adatiowa]

In Iowa we can carry open or concealed anywhere with few exceptions (ie: federal, some state/municiple, casinos, fair grounds and schools) regardless of a sign being posted.

Signs are NOT law in that aspect here in Iowa and if you visit handgunlaw.us it gives you a list of states that are in a similar position outside of the Constitutional Carry States themselves.

I have carried in church and many other places that either people usually "disapprove" or that directly post signs up and have the full understanding that if asked to leave (sign or no sign) that I must do so or get a trespass charge just as you would in any other state.

We need to focus on creating more Constitutional Carry States and having the separate filing process (per state...so they can get their money) with a nationwide acceptance of reciprocity and very limited differences of law so that this country can get back to its original roots and concentrate on something else other than a RIGHT that the Constitution says we already have.

Just like a DL...you get your own state issued card but its accepted Nationwide so that way it benefits the state in terms of monetary collection (easier way to keep them on our side) and still helps those who carry so they don't have to worry about reciprocity or the gregarious "you can do this in our state but not in another" statutes that muddy interpretation and cause confusion when traveling.

Glad to see everyone active on this issue but the fact that its been an issue for so long is a sad considering this country's Rights and Freedoms were won with the very thing that is being removed as a right to bare...GUNS!

 

[Rhino]

Just called again for clarification- exact words: "Openly carrying into any location with a displayed "No Weapons" sign is an infringement on the property owners rights. It is and always has been a violation of your permit. Carrying CONCEALED in these locations is no longer a direct violation. Example: Bobs Used Cars has a !weapon sign outside. I conceal in anyway, and end up using it in a self-defense scenario. I can no longer be charged with willfully disobeying his sign. (and in her exact words, i COULD be charged, but itd be unlikely and you'd have a clear case in court.) Whereas, carrying OPENLY is a direct violation of the property owners request, and could even be considered trespassing as the owner has a posted sign on his own property.
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Number for your kicks and giggles is (225) 925-4867.
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I'm not saying I am the know-all, and hell I'm not saying the cop at the handgun unit is either ...im just telling you correct or not, the information being provided over the telephone.

You're confusing criminal violations with civil violations. It's still illegal to enter there with a concealed firearm, but it's only a civil offense. That means it's a simple civil trespass the police won't arrest you for unless you refuse to leave after the owner tells you to. If you refuse to leave after being told to, or if you return after being told to leave, then it becomes a criminal trespass and you'll be arrested. But it's still against the law either way.
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And with regards to places of worship: It is not a blanket policy of "illegal because its a place of worship" so long as you have the expressed permission of the property owner. Owners rights trump the generality of "a place of worship". - she said this was not a november change as i thought, it has always been true though not advertised.

It isn't a policy. It's in the statute. There's also an additional eight hour training requirement that must be repeated annually for carry in places of worship (RS 40:1379.3).
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You really shouldn't trust the word of someone (including me) over the actual laws themselves. People misunderstand them all the time, even people in law enforcement. Look these things up. The Louisiana statutes are available to you.
Link Removed

 

[madwabbit]

thanks for helping me get a clear picture of how this works- I'm going to print those out and have on hand for future review as well.

 

[NavyLCDR]

Just like a DL...you get your own state issued card but its accepted Nationwide so that way it benefits the state in terms of monetary collection (easier way to keep them on our side) and still helps those who carry so they don't have to worry about reciprocity or the gregarious "you can do this in our state but not in another" statutes that muddy interpretation and cause confusion when traveling.

Why should we support the taxation and obtaining the permission of the government to exercise a right? Would you also support a permit that you had to pay for to go to church? Or how about if you had to pay for a permit to vote? The poll tax was struck down by the Supreme Court decades ago. Would you support paying for a permit to post on the internet? Or how about paying for a 4th amendment permit that you would be required to show the poice officer during a traffic stop to prevent them from searching you and your car?

 

[madwabbit]

Ive got to say that im in total agreement there- I'm not even keen on paying for a drivers license, and while I keep my vehicles in perfect working order I only do the inspection tax every 3-4 years. When pulled over, they say "just get that fixed and theyll drop the ticket" ...well when I get pulled over, ill pay it. It's saved me $120 since I moved to louisiana... a few more years and thats like getting a free gun!

 

[snatale42]

Removing force of law from signs is great, but LA is far from strongest in the country.

 

[madwabbit]

Noted: should state "among strongest in country", especially if you ignore the states that technically do not have laws restricting them.

 

[NavyLCDR]

Removing force of law from signs is great, but LA is far from strongest in the country.

Not even the force of law of signs was removed, however. This statute still stands exactly as it always has:

Link Removed

RS 14:63.3
§63.3. Entry on or remaining in places or on land after being forbidden
A. No person shall without authority go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any structure, watercraft, or any other movable, or immovable property, which belongs to another, including public buildings and structures, ferries, and bridges, or any part, portion, or area thereof, after having been forbidden to do so, either orally or in writing, including by means of any sign hereinafter described, by any owner, lessee, or custodian of the property or by any other authorized person. For the purposes of this Section, the above mentioned sign means a sign or signs posted on or in the structure, watercraft, or any other movable, or immovable property, including public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place or places where such sign or signs may be reasonably expected to be seen.
B. Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned in the parish jail for not more than six months, or both.

This statute also still stands, exactly as it always has:

RS 40:1379.3
N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:
(1) A law enforcement office, station, or building.
(2) A detention facility, prison, or jail.
(3) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.
(4) A polling place.
(5) A meeting place of the governing authority of a political subdivision.
(6) The state capitol building.
(7) Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage.
(8) Any church, synagogue, mosque, or other similar place of worship, eligible for qualification as a tax-exempt organization under 26 U.S.C. 501, except as provided for in Subsection U of this Section.
(9) A parade or demonstration for which a permit is issued by a governmental entity.
(10) Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises.
(11) Any school, school campus, or school bus as defined in R.S. 14:95.6.
O. The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person.


Nothing in the actual laws of Louisiana have changed due to the amendment to the State Constitution. The ONLY thing in Louisiana that has changed is the ability for the laws to be struck down by a court. There will be no more "freedom to carry" in Louisiana after January 1, 2013 than there was before. There will ONLY be a better chance of winning a court case against a firearms law.

 

[madwabbit]

(8) Any church, synagogue, mosque, or other similar place of worship, eligible for qualification as a tax-exempt organization under 26 U.S.C. 501, except as provided for in Subsection U of this Section.

I dont know what subsection U is, but my attorney in lafayette just confirmed that with the permission of the property owner I can carry into church as I please... and I do so. He stated that the "change" has provoked a direct evaluation of the ability for individual rights to supersede the state issued permit. ie, "No Guns Allowed" on a private business window do NOT trump a concealed carry permit authorized by the state, because they do not have the legal right to demand that you forfeit yours. It'd be no different than them posting a "No freedom of speech" sign. doesn't make it legal, just makes it a pretty decal in the window

*confirmed by two attorneys, 1 lafayette 1 crowley- both clients of mine.

Edit: One did, however, acknowledge that it'd take a case in court to concrete this idea. No, id rather not volunteer.