seized handgun

Status
Not open for further replies.
If sumone is going to hit u on the head they are going to do it anyway then while u are laying there they will get your concealed gun, your cash, and whatever else they want! Either way open carry is legal in Louisiana so why risk the felony?
 
Open carry is legal and you wouldn't oc? I would have your lawyer file some sort of order to preserve property so that if aquitted somehow then they don't say oh sorry we destroyed it with the others. This makes them preserve the gun until a disposition is reached. IANAL
 
Either way open carry is legal in Louisiana so why risk the felony?

like i said above, if you oc in new orleans be prepared to be hassled by half the cops, and told to leave by half the business owners. no is a very anti gun city.
 
NO is for lack of a better word a hell hole. My Grandma lived there for 30 years before she died, I visited many times (pre Katrina) and would not live there for all the tea in China. That coupled with all of the horror stories during Katrina, including the unlawful suspension of the second amendment and confiscation of firearms from law abiding citizens.

Hopefully for the OP he has a clean record, gets a good lawyer and finds a very BUSY and sympathetic prosecutor that being said it is a slim chance of a cold day in hell he evades a felony charge.
 
Hassel or no hassel he would be in better shape with a silly charge like disturbing the peace than with illegal concealment of a firearm!
 
Pubius is correct. I grew up in Miss. close to N.O. There money talks. The booking record of the arrest will always be on the computer, but the charges can be dropped. He needs to hurry. I hope his attorney is not a dumb ass.
 
I'm may be mistaken, but in most states if a law enforcement officers asks you for ID you may refuse but you still are required to identify yourself at least verbally. Now you can always say that that you don't have ID because you're not driving and don't have your driver's license.

Now that being said, if an officers has some reason to believe that there is some sort of mischief afoot then they can pat you down for weapons. This is what has come to be referred to as a "Terry Stop" as a result of the Supreme Court case Terry v. Ohio.

Police–citizen encounters

In the United States, interactions between police and citizens fall into three general categories: consensual (“contact” or “conversation”), detention (often called a Terry stop, after Terry v. Ohio, 392 U.S. 1 (1968)), or arrest. “Stop and identify” laws pertain to detentions.

Different obligations apply to drivers of automobiles, who generally are required by state vehicle codes to present a driver’s license to a police officer upon request.
[edit] Consensual

At any time, a police officer may approach a person and ask questions. The objective may simply be a friendly conversation; however, the officer also may suspect involvement in a crime, but lack “specific and articulable facts”[4] that would justify a detention or arrest, and hope to obtain these facts from the questioning. The person approached is not required to identify herself or answer any other questions, and may leave at any time.[5] Police are not usually required to tell a person that she is free to decline to answer questions and go about her business;[6] however, a person can usually determine whether the interaction is consensual by asking, “Am I free to go?”[7][8]
[edit] Detention

A person is detained when circumstances are such that a reasonable person would believe he is not free to leave.[9]

Police may briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes


Unless the OP was suspicious in some way or the police officer suspected that OP was armed....

All he had to do - was keep his mouth shut and tell the officer politely that he did not wish to continue the conversation. They can ask all they want. You (unless you are in a vehicle) and depending on local law - can also answer. Or not answer. You may also invoke your 4th and 5th amendment rights.

Yes sir my name is John Smith. Am I free to go? OK. Have a good evening.
 
Somebody said above that New Orleans is corrupt. Maybe in a place like that you don't need a criminal lawyer, maybe what you need is a CRIMINAL lawyer like the one in "Breaking Bad".:D
 
Apparent Contradiction ?

If you read the original post there is an apparent contradiction. He says" I confirmed my pistols and whereabouts ". So this is plural or more than one. Then he says they " took the G27". This is singular, and he is reffering to one gun. This is his first post or thread. Maybe we are getting played for suckers?

Depends on the circumstances, but in OR this is a misdemenor, and it's just a fine. Every thing elese has to be legal about you and your gun.

I don't think that I'd worry too much over a $500.00 Glock. If this really occured and he has a good record and has had a permit, and the Judge is not anti-gun he could get his gun back, and have to pay a fine.
 
like i said above, if you oc in new orleans be prepared to be hassled by half the cops, and told to leave by half the business owners. no is a very anti gun city.

And this would differ from what we're told happened, how?
 
In Louisiana (a very gun-friendly state), the offense he describes is a misdemeanor that carries a $500 fine and a six month sentence. It can also be a felony, if you use that weapon in a violent crime.

The link to the law is here. LINKY

In Louisiana, concealed means concealed. However, if the cop saw it, it's not concealed and becomes open carry, which is absolutely legal everywhere in the state of Louisiana. Unfortunately, in New Orleans, and in some of the urban areas of the state, the cops don't know the law on open carry, mainly because there is no law. It's a perfectly legal activity, but because the cop can't open a law book and find it, open carry will get you hassled, maybe arrested. Open carry isn't a problem in the rural parts of the state, and won't even get a police response if some distraught citizen calls it in.

The OP should get a lawyer and quit posting on web forums, but he'll probably pay a fine and the judge will order his Glock returned to him. Whether or not the NOPD will be able to find it is another question entirely as the NOPD has a history of "misplacing" evidence guns.
 
The stopped "without legitimate cause" is a wild card. The OP seems to have concluded that he was stopped without legitimate cause. But it's entirely possible that the cop who stopped him disagrees and has a good reason that a judge will agree with.
 
At this point I see no reason to leave this thread open any longer.

The Original Poster may contact me to have this thread re-opened if he decides he wants to participate further.
 
Status
Not open for further replies.
Back
Top