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"Gun Free Zone" sign in Louisiana

Discussion in 'Carry Issues' started by itsnitro, Feb 4, 2013.

  1. itsnitro

    itsnitro Got Sig?

    1,399
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    Jun 22, 2006
    LA
    Do these signs carry any legal weight in LA? A hospital I was at recently is talking about posting them and said no one word be aloud to carry inside there. Now I'm not to familiar with LA laws hence why I'm asking.

    posted using Outdoor Hub Campfire
     
  2. Dawolf

    Dawolf

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    Sep 18, 2010
    Arizona
    A sign that invites criminal action, no matter where it is. My guess no matter where you are they naive libs. But to answer your question, in AZ the signs have the legislative statute on the signs that allow businesses to post no guns allowed (optional here). So my question would be is there anything like that on the sign?
     


  3. 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.

    Yes they do.
     
  4. Gunnut 45/454

    Gunnut 45/454

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    Jun 20, 2002
    splitfinger09

    "private residence " Ah no they don't because a Hospital is PUBLIC PROPERTY! Unless they are solely funded by private money's! That law referrences Private houses, homes , apartments!:whistling:
     
  5. uhlawpup

    uhlawpup Gentle Soul

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    Houston
    Really? All the hospitals in the Texas Medical Center are private property, owned usually by non-priofit or religious groups.

    The only public property would be those owned by and run by the feds, states, or other political subdivisions thereof. Just because they admit the public or accept federal funds does not make them "public property," at least as far as I can tell.

    On what law do you base your statement, GunNut?
     
  6. Lord

    Lord Senior Member

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    Jun 28, 2006
    San Antonio, Texas
    You guys are misreading some laws. First, that one says private residence, and as I read it, you are automatically banned from concealed carry in anyone else's house unless you specifically get permission to do so. So basically "hey I'm carrying, is that ok" "sure" satisfies that law.

    I think the question relates more to similar law here in TX. Basically a business can request that you do not carry, and you can effectively be banned from carry there, but their requests must be in one of two specific forms to carry the weight of the law. One is the 30.06 law which requires a business to post a 30.06 sign with very specific language at the entrances to be effective against a CHL holder. the sign must be clearly visible, have predefined language and wording on it, must have contrasting block letters no less than one inch in height.

    The other way is if the owner or owner's agent outright tells you you can't carry there or gives you a written notice that they don't allow concealed carry there. If either of these methods are not met, then they could put a BIG sign on the door that says no weapons allowed and it would not mean anything to a properly carrying CHL holder.

    Not sure the laws in LA or other states regarding the notice of "no carry zones" but that's how it is here in TX. I believe the nature of the OP's question is "does LA have the same rule?
     
  7. robhic

    robhic WOLVERINE!!!! Platinum Member

    4,699
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    Jun 28, 2011
    Louisiana
    There are a bunch of legal items on this site:

    http://www.bayoushooter.com/

    Maybe this will help. Check it out and/or call the hospital in question? Or the State Police?
     
  8. The Fed

    The Fed

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    Dec 23, 2012
    Central Florida
    You live and carry in La and are not familiar with the laws?
     
  9. Gunnut 45/454

    Gunnut 45/454

    12,129
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    Jun 20, 2002
    uhlawpup
    http://legal-dictionary.thefreedictionary.com/public+property

    public property n. property owned by the government or one of its agencies, divisions, or entities. Commonly a reference to parks, playgrounds, streets, sidewalks, schools, libraries and other property regularly used by the general public


    I think a hospital falls under this portion of the legal definition of public property! As the general public has access to hospitals!

    Also:

    Items, facilities, or premises owned by a community or government, and not by any person or private entity. As most Hospitals are funded by or in whole by tax revenues of a community, federal , state!


    Read more: http://www.businessdictionary.com/definition/public-property.html#ixzz2JykuXHR9
    :whistling:
     
    Last edited: Feb 4, 2013
  10. Drain You

    Drain You NRA member

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    Apr 25, 2012
    The sign does carry legal weight. Don't let the part about private or public distract you.
     
  11. itsnitro

    itsnitro Got Sig?

    1,399
    1
    Jun 22, 2006
    LA
    Yes and no. Moved to LA not long ago, I do not currently have a LA ccw, haven't applied for it.

    Thanks for the info. Will contact the state police.

    posted using Outdoor Hub Campfire
     
  12. Drain You

    Drain You NRA member

    1,846
    2
    Apr 25, 2012

    If you are a resident of Louisiana but don't have a Louisiana CHP you are not legal anyway.
     
  13. itsnitro

    itsnitro Got Sig?

    1,399
    1
    Jun 22, 2006
    LA
    Legal to ccw? Yes I know that. It was a simple question about a sign, not me personally carrying.

    posted using Outdoor Hub Campfire
     
  14. With the recent amendment to our Constitution strengthening the right to bear arms, I think the constitutionality of almost any state law or local ordinance regulating guns in Louisiana is now in question.
     
    Last edited: Feb 6, 2013
  15. LASTRESORT20

    LASTRESORT20 LongTerm-Guy

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    Aug 10, 2010
    NC

    +1

    ~ "A sign that *invites criminal action, no matter where it is. My guess no matter where you are they naive libs" ~
     
  16. willy1094

    willy1094

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    Feb 11, 2002
    Kentucky
    Hospital can be funded by public money and I could see them being considered public property. Many are not. The mere fact that the general public has access does NOT make them public property. You think your local Walmart is public property? Around here, the general public has access to the store 24 hours a day. I used to work is privet sector security and hear people preach about how they were on public property. I'd laugh as I escorted them off the property. :upeyes:

    ETA: "Owned by" and "funded by" the government can be two different things.
     
    Last edited: Feb 7, 2013
  17. uhlawpup

    uhlawpup Gentle Soul

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    Nov 18, 2003
    Houston
    Exactly! Thanks, Willy.

    GunNut, you can think what you like, but a dictionary definition, even a legal dictionary one, is not part of the body of law.

    That's why they make us spend three years scrambling our brains, and then another decade unscrambling them. Before we can be licensed to represent you.
     
  18. LoadToadBoss

    LoadToadBoss IYAAYWOT

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    Apr 24, 2008
    Northwest Louisiana
    You're also not a legal resident of Louisiana until you get your CHP.:cool:

    The pamphlet that the LSP gives you when you get your CHP specifies that CCW on posted private property is a violation of the law governing CCW.

    As to the public vs. private debate, there's such a thing as private property with public accommodation. Retail stores, hospitals, theaters, churches, etc may be places of public accommodation but they are still private property.

    As to Shreveport hospitals, all of them are private except for the LSU Health Center which is posted as no CCW because it is also a medical school.

    In talking with my local legislative representative (who is one of the most pro-gun legislators in Baton Rouge), he said that the recently passed LA 2nd Amendment does not re-set existing laws. The amendment provides that any new or existing laws must past strict scrutiny. Most existing laws will have to be challenged in the court and a judge will need to determine if the law meets the strict scrutiny test. It's sad to say, but some poor soul will have to be arrest for violating the law before it will see a court challenge.

    There is always the possibility that the legislature when they meet will look at existing laws and get an AG opinion on which ones would not survive a strict scrutiny challenge.