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Charges for Defying governor's non-gathering order Criminal law

Posted on 3/29/20 at 12:13 pm
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 3/29/20 at 12:13 pm
I see a lot of people wondering what you can be charges with when defying the stay at home order. For instance the arrest warrant that was issued for the organizer of the 2nd line in the city.

This would be the actual charge you would be arrested for.
RS14:329.6 Proclamation of state of emergency; conditions therefor; effect thereof

This would be the court ramifications.
RS14:329.7 Punishment

Hope this resolves the confusion.

Geaux Tigers.

This post was edited on 3/29/20 at 12:17 pm
Posted by Paul Allen
Montauk, NY
Member since Nov 2007
75215 posts
Posted on 3/29/20 at 12:14 pm to
Thanks, Coach O!
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 3/29/20 at 12:18 pm to
Just trying to help.
Posted by OleWar
Troy H. Middleton Library
Member since Mar 2008
5828 posts
Posted on 3/29/20 at 12:20 pm to
quote:

five hundred dollars or be imprisoned not more than six months


Well it looks like everyone is loosing more than that amount of money anyway, and the prison sentence compared to the stay at home rule remains to be seen.

In any case the people of Gert Town scoff at that punishment.
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 3/29/20 at 12:22 pm to
Would probably be dismissed in court or done through a diversion program. $500 is the max, which never happens.
Posted by Redbone
my castle
Member since Sep 2012
18845 posts
Posted on 3/29/20 at 12:26 pm to
Thanks for info.

I would have downvoted if it weren't for the "Geaux Tigers".

What person with a I.Q. over 80 could downvote a post with that in it??
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 3/29/20 at 12:29 pm to
quote:

Just trying to help.
why didn't you also post this, then

quote:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
if that right is not absolute, then the founders never would have written it to begin with
Posted by Fat and Happy
Baton Rouge
Member since Jan 2013
17010 posts
Posted on 3/29/20 at 12:32 pm to
A felony charge?

This can’t be real

Posted by BACONisMEATcandy
Member since Dec 2007
46643 posts
Posted on 3/29/20 at 12:33 pm to
How does the governors order get around the Supremacy Clause for the first amendment?

I’m genuinely asking, you seem somewhat knowledgeable.
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 3/29/20 at 12:37 pm to
We have certain laws within state of emergencies and declaration of emergencies where the government can do almost whatever they want as long as it is reasonable.

Look there is no point in fighting this with opinions. I don’t like it either. Unfortunately it is what it is. We just have to deal with it for a short period of time. We still live in the greatest country on earth with the most freedom.
Posted by Chuck Barris
Member since Apr 2013
2146 posts
Posted on 3/29/20 at 12:38 pm to
quote:

if that right is not absolute, then the founders never would have written it to begin with
Yes, it's just as absolute as our freedoms of speech and religion, which as we all know, have no legal limits whatsoever.
Posted by michael corleone
baton rouge
Member since Jun 2005
5810 posts
Posted on 3/29/20 at 12:38 pm to
Not sure how you read it, but I don’t see the authority to prohibit 10 plus people from coming to my private property to eat crawfish in the back yard.
Posted by SadSouthernBuck
Las Vegas
Member since Dec 2007
748 posts
Posted on 3/29/20 at 12:46 pm to
quote:

if that right is not absolute, then the founders never would have written it to begin with

This just says that the US Congress can’t pass a law prohibiting these freedoms. To my knowledge, they haven’t.

The 10th amendment says
quote:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

This is a state law. Most states have similar laws.

The 1st amendment doesn’t say that the people have a right to freely assemble - just that the US Congress can’t pass a law stating prohibiting free assembly.
Posted by cable
Member since Oct 2018
9646 posts
Posted on 3/29/20 at 12:52 pm to
So you’re saying that a state can outlaw abortion and force racial segregation?
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16461 posts
Posted on 3/29/20 at 12:54 pm to
quote:

So you’re saying that a state can outlaw abortion and force racial segregation?


Yeah. Old boy clearly doesn’t understand the supremacy clause.
Posted by BACONisMEATcandy
Member since Dec 2007
46643 posts
Posted on 3/29/20 at 12:56 pm to
So can you explain the national firearms act to me under that logic?
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 3/29/20 at 12:56 pm to
From what I’ve seen on the news, the cops aren’t arresting anyone. Hell, they’re emptying the jails. And I just saw the BRPD as well as fire/ems say they weren’t responding to calls that aren’t “life or death” (ems) or “serious”.

So I’m thinking our “first responders” aren’t responding to much of anything. So who is gonna come and arrest me?
Posted by Hangit
The Green Swamp
Member since Aug 2014
39128 posts
Posted on 3/29/20 at 12:58 pm to
quote:

In any case the people of Gert Town scoff at that punishment.


How about the 21 years if someone dies?
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 3/29/20 at 12:59 pm to
quote:

How about the 21 years if someone dies?


From what?
Posted by Lsutiger2424
Member since Dec 2016
989 posts
Posted on 3/29/20 at 1:00 pm to
They are writing a summons for most things. Unless it’s a violent felony, domestic, or felony drug violations.
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