|
|
 |
PLEASE NOTE: LouisianaCarry neither advocates nor discourages the carrying of weapons openly. We do however vehemently defend the legality of open carry, and strongly encourage those who choose to open carry to act as ambassadors for firearm owners while interacting with the rest of the populace. Certain of our members have a low tolerance for people who disrespect citizens who choose to open carry. This is because it is solely up to each individual as to what method of self defense is right for them, and no one else has the moral right to make that choice for them.
Also, remember that this page should not be used as a substitute for legal advice- this information is provided for informational purposes only. Always consult a legal professional with questions regarding your legal rights and responsibilities.
Louisiana State Constitution- Article I, Section 11
Right to Keep and Bear ArmsThe right of each citizen to keep bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit carrying of weapons concealed on the person.
Important Documents
Louisiana Attorney General Opinion No. 78 795
June 19, 1978 RE: Legality of Open Carry of Weapons
Discussion Boards
If you wish to connect with other armed individuals to discuss the topic of open carry, here are a few links that you may find useful:
- OpenCarry.org - Discussion Forum Louisiana-specific forum
- Carry Issues forum at GlockTalk
- BayouShooter.com Carry Forum (Some members there are vehemently and rudely against open carry, but others are not)
Highly recommended discussion threads:
Other specific discussion threads worth reading:
- How much of my gun needs to be showing?
- Open carry OK where CCW not?
- Carrying poorly can have CONSEQUENCES beyond the legalities.
- I'm Gonna do it, Im Gonna Open Carry!!
- I have a question about open carry
- Someone needs to explain this whole open carry thing
- Some Questions Answered About OCing
- The Open Carry Argument, long article that I seen on the Patriotpages website
- What good does it to do open carry?
- Why not just take the time to finish a concealed carry class & get a license?
- Why Open Carry?
- Why Shouldn't I Open Carry?
- Would you show ID to LEO if asked while OC'ing?
- LA: Open Carry Conversation with Sheriff's Office
- Louisiana Open Carrier gets arrested, wins a settlement, makes the paper
Frequently Asked Questions
(if you have a question not answered here,
drop us a line)
- Is it legal to openly carry weapons in Louisiana?
Yes, as a general rule- however, certain places and people are restricted by law.
- What kind of weapons can I carry?
There are no restrictions on what types of weapons that can be openly carried, provided no other laws are being broken (e.g. LA places a restriction on switch-blade knives, and felons may not possess weapons).
- Can my handgun be loaded?
Um, yeah... why would you carry it if it weren't?
- Where can't I openly carry weapons in Louisiana?
Anywhere where the carrying of weapons is prohibited by law, if you do not want to risk arrest. See our LA Law Index page for more information. In general, any establishment that sells alcohol for consumption on the premises, most government buildings (including local government), and school zones (when not in your car or on private property) are the main three. LA preemption law does allow for certain firearm related laws that were on the books before the passing of the law, so you will need to check your local laws to see if there is anything specific to your area.
- Can I open carry in other States?
Yes, open carry is allowed by law in many States. However, Texas and Arkansas have laws against it, and Mississippi, while not prohibited by statute, has very unfavorable case law regarding open carry by those not carrying a valid concealed weapon permit. For a list of all the States and more specific information, visit OpenCarry.org
- What are some other web sites where I can learn about open carry?
OpenCarry.org is the main one. Also, visit the discussion board links provided near the top of this page.
- How old do I have to be to open carry?
According to LA law, seventeen. However, Federal law prohibits, except in certain limited circumstances,
anyone under 18 years of age from knowingly possessing a handgun, or any person from selling, delivering, or otherwise transferring a handgun to a person under 18. So, for all practical purpose, eighteen years old.
- Who is prohibited from openly carrying weapons?
Anyone who is prohibited from owning weapons. In general, this means drug addicts, felons, those convicted of a misdemeanor crime of domestic violence, and those under eighteen years of age. Here is a link to the BATFE web site for a slightly more comprehensive list. Louisiana does have some laws prohibiting possession of firearms, but Federal laws are more strict, so if you are OK by Federal law, you are likely OK by LA law.
- What holster method should I use for open carry?
That is a personal preference. However be advised that if you do not have a concealed carry permit you are at an increased risk of a criminal charge if your carry method can be construed as having been intended to conceal or obscure your weapon. The LA Supreme Court case linked near the top of the page goes into more detail on this matter. Also, there is a discussion thread about this here.
- Do local law enforcement officers know that open carry is legal?
Some do, some don't- just like non-LEOs. Do not assume that someone who has been trained to enforce the law somehow knows everything there is to know about the law. Most localities provide a very scant amount of legal training for officers, and they have to do the best they can with what they are provided. Always seek a lawyer for legal advice and not an LEO or your friend or cousin or someone on the internet.
- Has anyone been arrested for open carry?
Yes. Carrying weapons always carries with it an increased risk of potential legal complications. However, open carry, in and of itself, is not illegal. One citizen who corresponds with our organization recently won a cash settlement for being falsely arrested for open carrying (link to news article) (discussion thread). Other people have been arrested for openly carrying, and not pursued a settlement. Be aware that you could be at a significantly increased risk for being falsely arrested for openly carrying a weapon in some areas.
- Do I give up my right to open carry if I get a concealed handgun permit?
NO! This is misinformation that has spread around the State for some time now. Supposedly, certain individuals working for the State Police at one time were informing concealed handgun instructors to inform those who applied for a permit that, if approved, they would no longer allowed to open carry. There is no basis for this in law, and can be ignored without breaking any law.
- Do I have to be a resident of Louisiana to Open Carry in Louisiana?
No.
- Can I open carry in my vehicle?
Yes.
- Can I open carry on private property?
Yes, provided you are not on someone else's property who does not want you to.
- Can businesses prohibit me from open carrying?
Yes. A private property owner has the right to prohibit weapons on their property.
- Can I be charged with disturbing the peace for open carry?
Not legally. This is another popular bit of misinformation. Here is the LA statute regarding disturbing of the peace. Here is a link to a discussion of this subject.
- Can I be charged with brandishing for open carry?
Again, not legally. Brandishing, by definition, requires more than an item to simply be visible. However, there has been at least one instance of an open carrier being falsely charged with violating RS 40:1382 (Negligent carrying of a concealed handgun). Be aware that you could be at a significantly increased risk for being falsely arrested for openly carrying a weapon in some areas.
- Am I required to consent to a search of my person, home or vehicle simply because I open carry?
No. In order to be legally detained, and consequently searched or arrested by a law enforcement officer, a person must give that officer a valid and specific reason to believe that a crime is either being committed, has been committed, or is about to be committed. Since open carry is not against the law, no valid reason for a detainment is present. If you are being legally detained for a separate and valid reason, according to LA law, an officer may temporarily disarm and/or frisk the detainee if he or she has cause to believe such action is necessary for the officer's safety (see LA CCRP 215.1).
Be advised that arguing with a law enforcement officer can often result in grief for the detained party. If you choose to refuse to a search or detainment, be absolutely sure that the entire body of law is on your side, and accept that you may go to jail anyway. We recommend your acting polite and respectful with all people you may encounter while open carrying, particularly (for your own peace of mind) law enforcement officers.
- Are there places where I can legally open carry but not carry concealed?
Yes. Here is a link to a discussion of this topic: Open carry OK where CCW not?
As always, if you have a link or document you feel merits
inclusion on this page, please let us know.
Special thanks to RussP on GlockTalk.com, for the use of his images.
