Follow-up to emergency notification

[31Ragin97]

Yea right. A possible hand gun in his waistband. That might cause some suspicion I would think.

based on the posts outlining the law, I really don't see why it would be suspicious, this is all quite confusing honestly.....

[billbeck451]

The next step is enhanced carry that allows for a wider area that you can carry

[31Ragin97]

A person may carry a gun openly in Louisiana as long as the person is not in a place that the law prohibits them from carrying.

For example; I can open carry or concealed carry (if permitted) in the mall, but I can do neither in a bar.

The law in Louisiana is prescriptive, in other words, the open carry law and concealed carry law will tell you exactly where you may NOT carry. All other places, since not explicitly stated, are legal to carry.

Louisiana R.S. 40:1379.3 is the law you need to read.

and with conceal carry, if officer asks to see your permit, how do you "reach" for your permit, without a similar motion than reaching for the concealed gun?

[barchief]

and with conceal carry, if officer asks to see your permit, how do you "reach" for your permit, without a similar motion than reaching for the concealed gun?

The officers were called to the scene because an anonymous caller reported that a man believed to be Sterling was threatening him and waving or brandishing a handgun while in the process of selling CDs. So once they arrived, they had probable cause to arrest him.. once he started resisting, things went out of control.

This is not in dispute.. they have the 911 tapes to verify this.

And to answer your question.. you have the officer disarm you first, then either allow them to retrieve your wallet or ask them if you may get it. This is taught in the concealed carry class... you do everything you can to put the officer at ease.

[31Ragin97]

sounds good chief, thanks.
I was never saying anyone did right or wrong, im trying to understand how the law should work if I am in that situation...
only problem now is....
so now we are back to the person the claim is about having to prove their defense rather than the caller having to prove he did what they said he did??? even though many on here have always said burden of proof is on the one making the claim

[barchief]

sounds good chief, thanks.
I was never saying anyone did right or wrong, im trying to understand how the law should work if I am in that situation...
only problem now is....
so now we are back to the person the claim is about having to prove their defense rather than the caller having to prove he did what they said he did??? even though many on here have always said burden of proof is on the one making the claim

That's where they get probable cause... probable cause allows the individual to be placed under arrest. No different than if someone broke into your house, and you caught a look at them, gave the police the description, and they stopped someone down the street that matched the description that you gave.. they have probable cause to believe that the individual you described is the person they saw.

At that point, they are required by law to inform the police if they have a CC permit

§1313. Code of Conduct of Permittees

B. Duties and Responsibilities of the Permittee
1. A permittee armed with a handgun shall notify any police officer who approaches the permittee in an official manner or with an identified official purpose that he has a handgun on his person, submit to a pat down, and allow the officer to temporarily disarm him. Failure to comply with this provision shall result in a six-month automatic suspension of the permit.

So at this point, if you had a gun and it was not in plain view, and you didn't announce that you have a permit, whether you are a permit holder or not, you are in violation of the law.

[barchief]

if you would like to read the Concealed Carry rules for Louisiana, they can be found here

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

[Bigbuf]

Failure to comply with this provision shall result in a six-month automatic suspension of the permit.

So at this point, if you had a gun and it was not in plain view, and you didn't announce that you have a permit, whether you are a permit holder or not, you are in violation of the law.

And you will run the risk of being shot for being a dumb ___!

[Bigbuf]

excerpt from the case of Alton Sterling:
One officer exclaimed, "He's got a gun! Gun!" One of the officers yelled, "If you ____ing move, I swear to God!"
so....
why wasn't next comment: "but it's ok, because in Louisiana a permit is not required to open-carry, and we are not currently in a gun free zone"

and don't say it is because of his prior record, since : "The arresting officers were not aware of Alton Sterling's record at the time of the shooting."

But his prior record comes into to play because ultimately he was breaking the law by being in possession of a firearm Couple the fact that it was reported to 911 that he had a gun and was waving it around absolutely gave the police to the do their job and attempt to protect the public.

I am sure it is not this simple, but if a policeman ask's you to do something you just do it. You shut your mouth, get on the ground, spread eagle, and say, officer, i have complied, what do I need to do next? You don't fight, you don't run your mouth, you don't act threating in any way, to do so is taking your life into your own hands.

If the officer is violating your civil rights, you have a case that MANY MANY MANY lawyers will be willing to take up...and here is the best part...you have your LIFE!!

[Bigbuf]

sounds good chief, thanks.
I was never saying anyone did right or wrong, im trying to understand how the law should work if I am in that situation...
only problem now is....
so now we are back to the person the claim is about having to prove their defense rather than the caller having to prove he did what they said he did??? even though many on here have always said burden of proof is on the one making the claim

A police officers job when he gets to a scene is to stop everything and try to figure out what has happened. That is why it is so important to comply with the officers commands.

In the USA, you are innocent until proven guilty. Plain and simple. The officers know this and they also know that people get thing wrong all the time and people have the right to defend themselves. That is why, again, the officer has to stop everything when they get to the scene to be able to figure things out.

When people resist, they are breaking the law, therefore, they choose to give up certain rights and open themselves up to be arrested.