Louisiana Concealed carry law question

Discussion in 'The Constitutional & RKBA Forum' started by Doug.38PR, Dec 21, 2008.

  1. Doug.38PR

    Doug.38PR Member

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    I live up near Monroe in NE Louisiana. (or I am going to.)
    I go to the mall up there all the time.

    A friend of mine who is also a cop, told me that his brother told him that the mall up there has a "rules" sign somewhere off on the side wall of a couple of the entrances and on that rules sign it says, among 60 some-odd rules, "no weapons allowed."

    Now 1) I have read that sign several times...I don't remember seeing anything that refers to CHL or even weapons and have hence been carrying in that mall for years 2) I know for a fact that these rules are NOT at all entrances (the dept store entrances I know do not have them) so even if weapons is listed, it can't be binding as I don't THINK it would be legally binding if notice is not placed on all entrances to the property. Also, as my cop friend believes, it has to be placed in a conspicuous place clearly visible to the public (which off on the side wall among 60 some odd rules he doesn't believe it applies).

    Now, this is his opinion and mine. BUT it is all based on "what I or he thinks" I am basing a lot of my beliefs based on his thinking as a cop and my knowledge of TEXAS (not Louisiana) law. In Texas you have to have a 30.06 postin with certain language, etc. and has to be clearly visible and at all entrances. I'm not 100% sure about LA. I know they don't require a specific sign (A "No Guns" sign I think will do for creating a victim disarmed Zone) My question is: How does Louisiana law handle this. I've been to the LA gov sight and etc. and all it says is that property owners or lessees can keep people from carrying...but it doesn't specify how? Does anybody from LA know anymore or can they cite the law regarding this? What does it require for a property owner to legally keep you from carrying (besides verbally telling you)?
    Last edited: Dec 21, 2008
  2. hkruss

    hkruss Active Member

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    Hey Doug, I would check with what ever dept. (sheriff, P.D. etc...) issues cc permits. It may be different here in Alabama than La., but our sheriffs dept. (who issues cc permits) gives you a small brochure with each permit issued. Mine says something about it not being legal to carry at public events such as parades, and also anywhere alcohol is served or being consumed. It says nothing about malls though. If nothing else, contact your local D.A.'s office. Hope this helps
  3. Doug.38PR

    Doug.38PR Member

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    Yea Louisiana and Texas are a little different than Alabama. The state government issues licenses.
    As for calling the DA...I'm a little hesitant to do that. I feel like the most likely thing any LEO agency or DA's office will tell me is "Dont' carry a gun anywhere" just to be on their PC safe side. They don't like people being armed in places.
  4. artabr

    artabr New Member

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    Doug, this link ought to help you out. It come from the guys that issue the permits so it ought to be correct. ;) :D
    As far as calling the local Sheriff or D.A., half the time they are clueless. I called our local D.A. about the gun free school zone law. He was clueless, I had a better working knowledge of the law, both state and federal then him and I'm a fricking high school drop out. :rolleyes: :eek: :D

    http://www.lsp.org/handguns.html



    Edit: Note the bottom paragraph.
    Property owners can restrict access. I was under the impression that certain signage had to be used. You know, the pistol surrounded by a circle with a diagonal line through it. I might be wrong about the sign.

    Where it gets screwy is in who has the right to restrict access? The property owner or the property lessee? Real estate law.

    http://www.lsp.org/handguns.html#prohibited

    Prohibited Locations
    R.S. 40:1379.3 (N) states that 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:
    A law enforcement office, station, or building;
    A detention facility, prison, or jail;
    A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom;
    A polling place;
    A meeting place of the governing authority of a political subdivision;
    The state capitol building;
    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;
    Any church, synagogue, mosque or similar place of worship;
    A parade or demonstration for which a permit is issued by a governmental entity;
    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.
    Any school "firearm free zone" as defined in R.S. 14:95.6.
    The provisions of R.S. 40:1379.3 (N) 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.
    _____________________________________

    Edit #2:
    These are the rules and regs. in a pdf format. There is no change from what is above.

    http://www.lsp.org/pdf/chRuleBook08.pdf



    Art
    Last edited: Jan 2, 2009
  5. carver

    carver Moderator

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    artabr, thanks for the links. The LA link includes all states that LA accepts permits from. Although I live in TX, I spend a lot of my time in LA, which is where I was born. I'm just as close to Shreveport, as I am to Marshall, TX or Carthage, TX.
  6. Doug.38PR

    Doug.38PR Member

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    Artabr,
    I read all that on the link you referenced before starting this thread. But what prompted this thread was that the law as you quote is not clear what constitutes legally restricting access. What kind of sign, where it has to be posted, does it have to be posted at all entrances, does it have to be in a conspicuous spot?
  7. artabr

    artabr New Member

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    I thought that a sign was required, but, like you, I can't find it in writing.
    Also as you mentioned in your o p, If signs are only posted at some doors it leaves the question, If in a mall type setting, the store owner (property lessee) allows CC in his store, but the property owner (the mall) forbids CC. Who's right?

    Better to be judged by twelve than carried by six.



    Art
  8. Doug.38PR

    Doug.38PR Member

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    Well, ALSO, at some point unposted store leads into the main mall area...which is also not posted.

    I agree with the Judged by 12 carried by 6 line. Especially at this mall (gets a lot of low class people and gang bangers and, sadly, is the only one in Northeast Louisiana). Of course, like I said, I've checked the sign in question several times and never seen weapon's metioned. Or at least nothing regarding CHLers being forbiddend (It may have said something like "no ILLEGAL weapons" But that's not to say they haven't changed it recently.
    Last edited: Jan 2, 2009
  9. legalrights

    legalrights New Member

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    The decision to carry a weapon concealed should not be taken lightly. For some, such as law enforcement officers or members of certain military units, carrying a covert handgun is just part of the job. But for the legally armed citizen, it is a choice that should be made only after careful consideration.

    Carrying a firearm on one's person is a lifestyle commitment. I have no idea how many times I have heard a person who has applied for their concealed carry permit say: "Oh, I won't actually shoot anybody. I just want to have the gun to scare them away." This person has made a huge mistake. Criminals see you as a means to an end, not as a human being with feelings and family. They will hurt or kill you in less time than it just took you to read this paragraph.

    The fact is, a handgun fight is quick, close, pandemonium-filled and bloody, and anyone who is considering carrying a handgun for such purposes must ask himself if he is up to the task of close-quarters combat. If not, then the gun will likely be used against him when he draws it to try to scare away an attacker. Over the last 30 years (seven of which were spent working in the county jail), I have spoken with my share of criminals, and the one thing I can assure you is that they are not afraid of guns but are afraid of the willing person with a gun. And trust me--they know the difference between the willing and those who posture."
  10. dbrodin

    dbrodin New Member

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    Welcome to the forum! :):):)
  11. dbrodin

    dbrodin New Member

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    Welcome to the forum! :):):)
  12. ARB

    ARB New Member

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    Very well said. That statement should be handed out as soon as a person signs up for a CCW course.
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