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Question on Open Carry in Louisiana

Posted on 1/30/17 at 7:52 am
Posted by volod
Leesville, LA
Member since Jun 2014
5392 posts
Posted on 1/30/17 at 7:52 am
If you open carry, is it okay for an officer to ask for proof of purchase for your firearm.

Also, can an officer take your gun away based on suspicion. I would never challenge an officer, just curious if it's legal.

This is what I have
This post was edited on 1/30/17 at 8:22 am
Posted by Crimson Wraith
Member since Jan 2014
24717 posts
Posted on 1/30/17 at 7:54 am to
Have you googled it or called your local sheriff's dept?

What if the gun was a gift or you inherited it?

Posted by tke857
Member since Jan 2012
12195 posts
Posted on 1/30/17 at 7:54 am to
why dont you setup an appt at the State Police HQ and get these questions answered for you. I think they would be able to give you a lot of good info. Plus that is where you go for CCL anyways. (once youve got all the prereqs done)
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 1/30/17 at 7:55 am to
quote:

What if the gun was a gift or you inherited it?



even if it isnt registered in your name its ok as long as its not reported as stolen.
Posted by Puck82
Baton Rouge
Member since Mar 2009
23648 posts
Posted on 1/30/17 at 7:55 am to
quote:

If you open carry, is it okay for an officer to ask for proof of purchase for your firearm.


No. You do not have to register firearms in Louisiana.

quote:

Also, can an officer take your gun away based on suspicion. I would never challenge an officer, just curious if it's legal.


There is a lot of gray area here where many factors could change the answer. Where are you, what are you doing, are you intoxicated, gun free zone, etc...?
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
18253 posts
Posted on 1/30/17 at 7:56 am to
I haven't looked at the laws but I think it'd be silly to require someone carry a proof of purchase around with them. So I'd say no to the first one.

The second one, you'd likely have to be brandishing your gun (which is illegal) for an officer to take it from you. Also, if you're stopped for a traffic violation or stopped to be questioned by police I'd let them know you're carrying. Typically they'll temporarily take your weapon until they're sure you aren't going to use it.
Posted by Crimson Wraith
Member since Jan 2014
24717 posts
Posted on 1/30/17 at 7:57 am to
State Police HQ
that is where you go for CCL

We get ours at the sheriff's office.
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 1/30/17 at 7:58 am to
How many boards can you hit with gun questions . Can't ask for proof of purchase. Guns aren't registered. You can buy it from a neighbor if you want to as long as you live in the same state and have no felony record. Not like he has to give you a receipt for that.

If a cop stops you for doing something suspicious, comply with his requests if they are legitimate. But he can't take it away for no reason.

As someone who has had their CCL, open carry is a right in LA, but it's kind of dumb. I stand up for the right to do it, but don't know why anyone feels the need to.
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 1/30/17 at 7:59 am to
quote:

We get ours at the sheriff's office.




my bad i meant for Louisiana. We can also mail all of our info into them but that takes forever. Going in if possible is the route to go. In louisiana that is.
Posted by wickowick
Head of Island
Member since Dec 2006
45788 posts
Posted on 1/30/17 at 7:59 am to
quote:

even if it isnt registered in your name


There is no registration in Louisiana, even if you have the desire to register it, there is no place to do so...
This post was edited on 1/30/17 at 8:01 am
Posted by Screaming Viking
Member since Jul 2013
4434 posts
Posted on 1/30/17 at 7:59 am to
Puck is right.

The main issue is that the vast majority of the Carry laws have never been brought to court to narrow, or to verify, etc. Example: can you carry at a Mardi Gras parade? It is illegal to carry if you are "...in the parade". If you are in the crowd, is that considered "in the parade"?

Not asking if you agree, or not, but do you wanna be the one that brings this all to court? I don't, so I comply with the cops.
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108727 posts
Posted on 1/30/17 at 8:12 am to
quote:


even if it isnt registered in your name


There is no such thing as registering a gun in your name in the state of Louisiana.
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 1/30/17 at 8:16 am to
I know you dont have to but I believe there is a way too....unless this is for something else

Application To Register Firearm - Louisiana State Police



This post was edited on 1/30/17 at 8:22 am
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108727 posts
Posted on 1/30/17 at 8:26 am to
LRS 40:1783 Registration of Firearms applies only to firearms defined in LRS 40:1781 (3). It states that on the form you linked.

Firearms defined in LRS 40:1781 (3).

quote:

(3) "Firearm" means a shotgun having a barrel of less than eighteen inches in length; a rifle having a barrel of less than sixteen inches in length; any weapon made from either a rifle or a shotgun if said weapon has been modified to have an overall length of less than twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, flame thrower, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition.


Those are weapons that fall under NFA. So yes... if you carry around a machine gun or a rocket launcher then you need to register it.

All non-class 3 (NFA) weapons cannot be registered in the state of Louisiana. There isn't a requirement and there isn't a method for them to even collect that data.

This post was edited on 1/30/17 at 8:31 am
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 1/30/17 at 8:28 am to
thank for the clarification.
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108727 posts
Posted on 1/30/17 at 8:33 am to
quote:

thank for the clarification.


I've done a lot of research into the gun laws of the state of LA. The more you know, the better you are able to justify/defend yourself should the need arise. There are way too many laws for any 1 cop to know them all so it helps if you educate yourself.

The more you know...
Posted by RCDfan1950
United States
Member since Feb 2007
34845 posts
Posted on 1/30/17 at 9:04 am to
I could see where Open Carry would be no problem out in West Texas towns where everybody knows each other...but I could not - and would never - pack open heat of the streets of BR or NO.

One would become a potential target - easy mark for first strike at that - and furthermore lose the element of surprise.

That said, if I were visiting an area a saw good folk armed...I'd feel safer. Kinda like seeing Cops walking the beat.
Posted by WHS
walker LA.
Member since Feb 2006
3091 posts
Posted on 1/30/17 at 9:33 am to
Get your concealed carry permit and be done with it.

Open carry is your right but you never want to bring attention that you have a gun. It makes people nervous and you are asking for a cop to stop you.

If you want to know more about open carry call the state police because not all sheriffs departments or local cops are up to date on current laws.
Posted by WHS
walker LA.
Member since Feb 2006
3091 posts
Posted on 1/30/17 at 9:40 am to
quote:

Puck is right. The main issue is that the vast majority of the Carry laws have never been brought to court to narrow, or to verify, etc. Example: can you carry at a Mardi Gras parade? It is illegal to carry if you are "...in the parade". If you are in the crowd, is that considered "in the parade"? Not asking if you agree, or not, but do you wanna be the one that brings this all to court? I don't, so I comply with the cops.


I asked my conceal carry instructor this question and he said that it is a slippery slope. He said that the state police told him when he was certified to be an instructor that that you can conceal at a parade because you may have to walk through some bad streets to get to the parade etc. Now as open carry at a parade I would not suggest it.

Get your CC licence and you will be fine.
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