Want to carry in a school zone with out fear of arrest

[georg jetson]

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XD-GEM wrote:

georg jetson wrote:

yale wrote:

aadvark wrote:

If Senate Bill 308, that repeals 1000 foot School Safety Zones in Georgia, can pass, then; I think it is safe to say that Louisiana can do it too!

Agreed and I'm glad it will eventually pass here. Still, it doesn't address the issue of a citizen who is lawfull open carrying who crosses into one of these school zones unawares. He will still be inviting a felony conviction. There is no sign posted that says, "Cover your gun now. You're in a School Zone". I have a CHP and if there was such a sign I guess I could cover up but that doesn't change the fact that there isn't and so I probably won't. Cudos to Rep Wooten for sponcering this bill and I hope it's eventualy signed into law but it still leaves those of us who don't CC at risk.

There is NO NEED to address open carry statitorily. It is constitutionally protected. ANY citizen in La. can address this...


[align=justify]Art. 1872. Interested parties may obtain declaration of rights, status, or other legal relations [/align]

[align=justify]A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder[/align]

At your suggestion, I've been perusing the Code of Civil Procedure. If someone were to file such a suit for declaratory judgement tossing out the "Firearm Free School Zone" law (or at least the 1000 foot zone),what court would it normally be filed in? Obviously the State of Lousiana would be named as defendant, and the State Attorney General would have to answer for the State; but would one file in the State District Court one lives in, or should such a case go straight to the State Supreme Court?

Now this is a GREAT question!! If I may ask one myself...

If it were the SC then would this rule be necessary??

[align=justify]Art. 1877. Review of judgments and decrees [/align] [align=justify]All orders, judgments, and decrees under Articles 1871 through 1883 may be reviewed as other orders, judgments, and decrees.[/align]We can learn a lot from asking each other questions AND reading the rules.

 

[georg jetson]

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XD-GEM wrote:

georg jetson wrote:

yale wrote:

aadvark wrote:

If Senate Bill 308, that repeals 1000 foot School Safety Zones in Georgia, can pass, then; I think it is safe to say that Louisiana can do it too!

Agreed and I'm glad it will eventually pass here. Still, it doesn't address the issue of a citizen who is lawfull open carrying who crosses into one of these school zones unawares. He will still be inviting a felony conviction. There is no sign posted that says, "Cover your gun now. You're in a School Zone". I have a CHP and if there was such a sign I guess I could cover up but that doesn't change the fact that there isn't and so I probably won't. Cudos to Rep Wooten for sponcering this bill and I hope it's eventualy signed into law but it still leaves those of us who don't CC at risk.

There is NO NEED to address open carry statitorily. It is constitutionally protected. ANY citizen in La. can address this...

[align=justify]

A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunde

At your suggestion, I've been perusing the Code of Civil Procedure. If someone were to file such a suit for declaratory judgement tossing out the "Firearm Free School Zone" law (or at least the 1000 foot zone),what court would it normally be filed in? Obviously the State of Lousiana would be named as defendant, and the State Attorney General would have to answer for the State; but would one file in the State District Court one lives in, or should such a case go straight to the State Supreme Court?

Hmmm... I hate to double post but did someone ask about who is a party??
[/align]
[align=justify]Art. 1880. Parties [/align] [align=justify]When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In a proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard. If the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.[/align]

 

[Seigi]

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XD-GEM wrote:

SNIP

At your suggestion, I've been perusing the Code of Civil Procedure. If someone were to file such a suit for declaratory judgement tossing out the "Firearm Free School Zone" law (or at least the 1000 foot zone),what court would it normally be filed in? Obviously the State of Lousiana would be named as defendant, and the State Attorney General would have to answer for the State; but would one file in the State District Court one lives in, or should such a case go straight to the State Supreme Court?

The answer to this question lies not in the Code of Civil Procedure, but in the Louisiana Constitution. Read Article 5 Sections 5, 10, and 16.
http://www.legis.state.la.us/lss/lss.asp?folder=304

Such a suit would be filed in a state district court - I know of no reason it need be the district the plaintiff resides in - and, if the question was recognized as a constitutional question you would have an appeal of right to the state Supreme Court. You need not go through the Court of Appeal, but, since it does not say "exclusive jurisdiction" it might be also possible to go to the Court of Appeal; I do not know if another other provision forbids it.

An informal explanation of terms, for any newer readers:
Original jurisdiction - where an action is first brought. Primarily allocated to District Courts.
Appellate jurisdiction - Handles appeals of right. If a single party demands the appeal, it happens. The court and other parties are stuck with it. Primarily allocated to the Court of Appeal.
Supervisory jurisdiction - Handles appeals of discretion. A party applies for a "writ of certiorari", the court grants it if they feel like it and if granted the other parties are stuck with it. Allocated to the Supreme Court.

 

[georg jetson]

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Seigi wrote:

XD-GEM wrote:

SNIP

At your suggestion, I've been perusing the Code of Civil Procedure. If someone were to file such a suit for declaratory judgement tossing out the "Firearm Free School Zone" law (or at least the 1000 foot zone),what court would it normally be filed in? Obviously the State of Lousiana would be named as defendant, and the State Attorney General would have to answer for the State; but would one file in the State District Court one lives in, or should such a case go straight to the State Supreme Court?

The answer to this question lies not in the Code of Civil Procedure, but in the Louisiana Constitution. Read Article 5 Sections 5, 10, and 16.
http://www.legis.state.la.us/lss/lss.asp?folder=304

Such a suit would be filed in a state district court - I know of no reason it need be the district the plaintiff resides in - and, if the question was recognized as a constitutional question you would have an appeal of right to the state Supreme Court. You need not go through the Court of Appeal, but, since it does not say "exclusive jurisdiction" it might be also possible to go to the Court of Appeal; I do not know if another other provision forbids it.

An informal explanation of terms, for any newer readers:
Original jurisdiction - where an action is first brought. Primarily allocated to District Courts.
Appellate jurisdiction - Handles appeals of right. If a single party demands the appeal, it happens. The court and other parties are stuck with it. Primarily allocated to the Court of Appeal.
Supervisory jurisdiction - Handles appeals of discretion. A party applies for a "writ of certiorari", the court grants it if they feel like it and if granted the other parties are stuck with it. Allocated to the Supreme Court.

See how easy this is... we just need to read... The hard work comes when one develops the argument for the initial motion. It's not rocket science... just work...

 

[DZelenka]

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While I have not read the entire thread, I am pretty sure that the answer to your questions about open carrying in the 1000' zone is that it is legal to do so under current Louisiana law. You do not need a statutory change or a suit for declaratory judgment. The statute specifically excepts "constitutionally protected activity". There is a catch however. Federal law prohibits carrying within 1000' unless you are doing so pursuant to a state permit. Open carry is not pursuant to a state permit therefore it is illegal under federal law.

 

[mark edward marchiafava]

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Where's that OC attorney when you need him/her?

 

[JeepSeller]

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mark edward marchiafava wrote:

Where's that OC attorney when you need him/her?

There could be one if you hadn't spent your pay-off/go-away money on yourself instead of investing in the OC cause, such as seeding a legal defense fund perhaps?

 

[georg jetson]

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DZelenka wrote:

While I have not read the entire thread, I am pretty sure that the answer to your questions about open carrying in the 1000' zone is that it is legal to do so under current Louisiana law. You do not need a statutory change or a suit for declaratory judgment. The statute specifically excepts "constitutionally protected activity". There is a catch however. Federal law prohibits carrying within 1000' unless you are doing so pursuant to a state permit. Open carry is not pursuant to a state permit therefore it is illegal under federal law.

Thanks for checkin up on us Dan We can use all of the help we can get... and of course you are correct. The battle is at the federal level.

 

[DZelenka]

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georg jetson wrote:

DZelenka wrote:

While I have not read the entire thread, I am pretty sure that the answer to your questions about open carrying in the 1000' zone is that it is legal to do so under current Louisiana law. You do not need a statutory change or a suit for declaratory judgment. The statute specifically excepts "constitutionally protected activity". There is a catch however. Federal law prohibits carrying within 1000' unless you are doing so pursuant to a state permit. Open carry is not pursuant to a state permit therefore it is illegal under federal law.

Thanks for checkin up on us Dan We can use all of the help we can get... and of course you are correct. The battle is at the federal level.

No problem. I actually use up lots of brain cells thinking about this stuff, probably much more than my law partners like.

By the way, in case anyone was unaware, HB556 and SB81 were requested by the LSA and we helped in drafting the language. We also had a hand in some hunting bills and the state park carry bill. A few of us have a pretty good resume when it comes to pro gun work.

 

[mark edward marchiafava]

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Do you charge $350.00 and require an appointment for someone just to SPEAK with you?

 

[DZelenka]

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mark edward marchiafava wrote:

Do you charge $350.00 and require an appointment for someone just to SPEAK with you?

Depends on what it is about. I primarily do close held business formation, mergers and acquisitions; business litigation; construction; land use and property rights. I don't do any criminal work so I would not be the guy to call when you get arrested. I charge $225 per hour and may or may not bill for the first meeting depending on circumstances. If you are going to catch me in the office, you will want an appointment to make sure I will be in that day. For non-business related matters (i.e. gun stuff) email works better than a call because I can respond when I have time. If you are not a client, you are not going to get legal advice on the phone or otherwise. I don't want to hear "Dan said it was legal to open carry in the park and I got arrested. I am suing him." I am sure you can understand that.

 

[mark edward marchiafava]

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Forget the criminal aspect of being an OC attorney for the moment.

If someone has the criminal charges nolle prossed and it's a federal civil rights action in the middle district of Louisiana, is THIS something you'd be interested in?

 

[DZelenka]

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Not my cup of tea, but I may be able to find someone. They will want to know if it is an existing suit and if it is being paid by the hour or on contingency. Beyond that, email me a short narrative of the facts and I will see if anyone is interested.

 

[mark edward marchiafava]

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No action at this time, just doing something most here never think of: Planning.

Please PM an email address.
Thanks
Mark