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Old December 27, 2009, 05:21 PM   #1
hogdogs
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Louisiana / N.O. gun laws...

was watching Steven segal's show today (GO EASY ON ME... I LIKE CLOWNS) and they busted a guy with a pistol in his car and SS says "he ain't 21, he cannot be in possession of a handgun..."
Is this a local law or him just pullin' false info out of his hind end? I know this happens all too often in general though.
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Old December 27, 2009, 06:20 PM   #2
Tuzo
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Cited from the NRA web page

A person must be 21 years of age to purchase a handgun or handgun ammunition, and 18 years of age to buy a rifle or shotgun or ammunition, from a retail firearm dealer. (GCA, 1968)

A person under age 18 may not possess a handgun or handgun ammunition, and it is illegal for a person to provide a handgun or handgun ammunition to a person under age 18, except for target shooting, hunting, or certain other exempted purposes. (Youth Handgun Safety Act, 1994)

Segal seems to be lawfully correct.
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Old December 27, 2009, 06:26 PM   #3
ISC
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You can posess a hangun if you're 18-21, you just can't buy one. They can be gifted or inhereited and be perfectly legal.
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Old December 27, 2009, 08:08 PM   #4
Catfish25p2000
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Quote:
You can posess a hangun if you're 18-21, you just can't buy one. They can be gifted or inhereited and be perfectly legal.
I don't think your completely correct. I just looked at the ATF book. It looks like you can inheret "title, but not possession" of a handgun.
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Old December 27, 2009, 09:20 PM   #5
NavyLT
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Quote:
Originally Posted by hogdogs
was watching Steven segal's show today (GO EASY ON ME... I LIKE CLOWNS) and they busted a guy with a pistol in his car and SS says "he ain't 21, he cannot be in possession of a handgun..."
Is this a local law or him just pullin' false info out of his hind end? I know this happens all too often in general though.
Brent
He is just pullin' false info out of his hind end.

http://www.legis.state.la.us/lss/lss.asp?doc=78747

Quote:
§95.8. Illegal possession of a handgun by a juvenile

A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.
That is Louisiana state law.

Federal law only prohibits the sale of handguns to <21 by Federally Licensed Dealers, 18 USC 922 (b):
http://www4.law.cornell.edu/uscode/1...2----000-.html

Quote:
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
Federal law generally prohibits furnishing a juvenile with a handgun or handgun ammunition and generally prohibits possession of a handgun by a juvenile (with exceptions to both). Juvenile is defined as a person under the age of 18:
18 USC 922(x)
Quote:
(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
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Old December 27, 2009, 09:22 PM   #6
NavyLT
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So, to sum it up:

In Louisiana, a person 18 years old or older may, in compliance with both Federal and Louisiana state laws:

Possess a handgun.
Open carry a handgun.
Purchase a handgun from a private party (another Louisiana resident).
Be given a handgun as a gift from anyone.
Inherit a handgun from anyone.

The info on the Steven Segal TV Show was erroneous.
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Old December 27, 2009, 09:29 PM   #7
NavyLT
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BTW,
New Orleans ordinance:
Quote:
Sec. 54-340. Possession of firearms or ammunition by minors.
(a) Except as provided in this section, no person under the age of 18 years of age shall carry or have in his possession, any firearm as defined in section 54-1.
(b) Except as provided in this section, no person under the age of 18 years of age shall carry or have in his possession any ammunition as defined in this section.
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Old December 27, 2009, 09:46 PM   #8
Tuzo
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Segal works Jefferson Parish

The parish comprises a vast area and the Jefferson Parish Sheriff does not patrol New Orleans. New Orleans has the following local law enforcement agencies: NOPD, Orleans parish sheriff, harbor police, crecent city connection (bridge) police, levee board police, and possibly a few more.
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Old December 27, 2009, 09:49 PM   #9
SoupieXX75
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Seems like (with most laws) they vary based on state and further depending on local municipality.

I know in Michigan, you can legally purchase a handgun prior to 21 as long as it's from a private party. I got my first when I was 19. However, it IS unlawful to purchase ammo for handguns until you reach 21. So, for 2 years, I rarely got to shoot that first one.

I know Michigan has the same issue with open carry (we're an OC state, but the municipality that I live in prohibits it. )

As far as SS is concerned... I watched two episodes of it just for a laugh. He's a frickin joke. You can tell the guys he rides with are sick of him, and most of what they say about him sounds like stuff they're told to say to make him look good. One good thing I can say about him is that he CAN shoot!
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Old December 27, 2009, 09:54 PM   #10
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OK. Well, he was still blowing smoke out his behind. Here's Jefferson Parish Ordinances:

http://library.municode.com/HTML/144...20_AVI_D3.html

Where is the under 21 prohibition for carrying handguns?

Quote:
Sec. 20-146. - Definitions.

The following words and phrases, when used in this division, shall have the meanings respectively ascribed to them:

Crime of violence means murder, manslaughter, except negligent homicide arising out of a traffic accident, rape, mayhem, kidnapping, burglary, robbery, assault with a dangerous weapon or assault with intent to commit any offense punishable by imprisonment for more than one (1) year, and includes any crime defined as a felony under the laws of the state.

Dealer means any person, not a manufacturer or importer, engaged in this parish in the business of selling any firearm. The term includes wholesalers, pawnbrokers and other person dealing in new and/or used firearms.

Firearm means a shotgun having a barrel of less than twenty (20) inches in length, or a rifle having a barrel of less than sixteen (16) inches in length, or any other weapon, including a pistol or revolver, from which a shot, discharged by an explosive, if that weapon is capable of being concealed on the person; and includes a muffler or silencer from any firearm whether or not the firearm is included in this definition.

Fugitive from justice means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a crime of violence or to avoid giving testimony in any criminal proceeding.

Muffler or silencer includes any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, shotgun, fowling piece or other device from which a shot, bullet or projectile may be discharged by an explosive and is not limited to mufflers or silencers for firearms as defined herein.

Weapon means any instrument, by whatever name known, which is designed to expel a projectile or projectiles by the action of any explosive.

(Code 1961, § 12-17)

Cross reference—Definitions and rules of construction generally, § 1-2.

Sec. 20-147. - Sale prohibited to felons.
(a) All dealers in firearms, prior to delivering any firearm, will ascertain from the sheriff's office that the purchaser is not a convicted felon and is not charged as a felon.
(b) Dealers in firearms will contact the sheriff's office to determine if a buyer is a convicted felon or if felony charges are pending. Dealers will indicate on their record the name of the deputy who conducted the electronic investigation.
(c) It shall be unlawful for any person in the parish to sell, offer for sale, assign, pledge, lease, loan, give, transfer, purchase or receive any firearm, pistol or revolver to or from a known felon.
(d) The provisions of this section shall not apply to the sheriff, his deputies, or any duly, legally, constituted officer of the law or law enforcement officer while acting in their official capacity, nor shall same apply to the arms, accoutrements and equipment of the military and naval forces of the United States, or of any other officers of the United States authorized by law to possess firearms of any kind; nor shall same apply to the arms, accoutrements and equipment of the militia, any firearm which is unserviceable and which is transferred as a curiosity or ornament, nor shall same apply to a licensed authorized dealer in firearms.

(Code 1961, §§ 12-17.1, 12-18.4)

Sec. 20-148. - Qualifying to use firearms in course of employment.
(a) The sheriff is hereby authorized to develop a program to qualify all persons who use firearms during the course and scope of their employment.
(b) A fee for such qualification will be fixed at thirty dollars ($30.00), collectable by the sheriff.
(c) The sheriff will have exclusive power to determine what will constitute sufficient qualification in the use of firearms by such persons.
(d) At the end of successfully completing the training program, the sheriff is hereby authorized to issue a certificate of qualification to the person for a period of two (2) years.
(e) This permit will be renewable upon application at the end of two (2) years at a fee of fifteen dollars ($15.00).
(f) It is the intention of this section to grant to the sheriff additional authority to the authority already in force and effect under the laws of the state and/or the ordinances of the parish.
(g) Such program before being initiated shall be accepted by the parish council.

(Code 1961, § 12-18.6)

Sec. 20-149. - Firearms or dangerous instrumentalities within five hundred feet of certain installations.

It shall be unlawful for any person to discharge firearms, weapons and/or place, throw or use any dangerous instrumentalities within five hundred (500) feet of any gas or oil installation or public utility installation within the parish.

(Code 1961, § 12-19)

Sec. 20-150. - Discharge of slingshots, arrows, air rifles, firearms and other weapons.
(a) Discharge of slingshots, arrows, air rifles, etc., within five hundred (500) feet of public places. It shall be unlawful for any person to fire or discharge any slingshot, blank pistol, blank cartridge, shotgun, fowling piece, air rifle, air pistol, or any arrow or other projectile capable of inflicting death or grievous bodily injury within five hundred (500) feet of any public place, road highway, street, park, playground, walk or walkway, bike or horse trail, navigable stream or waterway, canal, residence, home or building or structure occupied or capable of habitation within the parish.
(b) Discharge of firearms within five thousand five hundred (5,500) feet of a public place. It shall be unlawful for any person to fire or discharge any firearms, pistol, rifle or any weapon which is designed to expel any projectile or projectiles a distance in excess of one thousand (1,000) feet by the action of any explosive within five thousand five hundred (5,500) feet of any public place, road, highway, street, park, playground, walk or walkway, bike or horse trail, navigable stream or waterway, canal, residence, home, building or structure occupied or capable of habitation within the parish.
(c) Exceptions. The provisions of this section shall not apply to the following:
(1) To public shooting or archery galleries now lawfully established hereafter as provided by law or parish ordinance.
(2) To target practice ranges or shooting galleries required and maintained by the sheriff's department and target practice ranges of organizations which have presently established and approved target practice ranges in the parish;
(3) To the use and discharge of blank pistols and blank cartridges only where the use and discharge thereof is conducted in formal ceremonies conducted by recognized organizations, such as the V.F.W. and American Legion, and for athletic events and in connection with the training of hunting dogs; and further, provided a permit, in advance, is obtained from the department of inspections and code enforcement; to pound keepers and/or their helpers pursuant to their duties in rounding up stray or wild animals during performance of such duties;
(4) To the sheriff, his deputies or any other duly legally constituted officer of the law or law enforcement officer while acting in his or their official capacity.

(Code 1961, § 12-19.1; Ord. No. 18887, §§ 1, 2, 10-27-93)

Sec. 20-151. - Air rifles on parks and playgrounds.

It shall be unlawful for any person to have in his possession or under his control an air rifle or air pistol, sometimes referred to as BB guns, while on the premises of any park or playground located in the unincorporated area of Jefferson Parish.

(Ord. No. 18772, § 1, 5-26-93)

Sec. 20-151.1. - Weapons in public building prohibited.
(a) The carrying, custody, possession or use of any firearm or other weapon as defined in this division in a public building or on premises owned or leased by the Parish of Jefferson is hereby prohibited.
(b) The prohibitions of this section shall not apply to the following persons:
(1) Sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties;
(2) Sheriffs and their deputies and state and city police who are not actually discharging their official duties, provided that such persons are full time, active, and certified by the council on peace officer standards and training and have on their persons valid identification as duly commissioned law enforcement officers;
(3) Any law enforcement officer who is retired from full-time active law enforcement service with at least twelve (12) years service upon retirement, provided that such retired officers have on their persons valid identification as retired law enforcement officers. The retired law enforcement officer must be qualified annually in the use of firearms by the council on peace officer standards and training and have proof of such qualification. This exception shall not apply to such officers who are medically retired based upon any mental impairment;
(4) Reserve or auxiliary law enforcement officers qualified annually by the council on peace officer standards and training and who have on their person valid identification as retired reserve law or auxiliary municipal police officers. The retired reserve or auxiliary municipal police officer must be qualified annually in the use of firearms by the council on peace officer standards and training and have proof of such certification. For the purposes of this paragraph, a reserve or auxiliary municipal police officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as such agency's representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law;
(5) Active justices or judges of the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family courts, city courts, and traffic courts, constables, and justices of the peace when the justice or judge, constable or justice of the peace is certified by the council on peace officer standards and training;
(6) Security guards hired by the parish to provide security in parish buildings or on parish premises when such guards are actually discharging their duties in their course and scope of their employment by the parish and are specifically authorized by parish authorities to carry weapons in the discharge of their duties.
(c) Notwithstanding the provisions of subsection (b) herein, no person other than an officer responsible for security for the 24th Judicial District Court shall be authorized to carry a weapon in the Gretna Courthouse Annex Building.

(Ord. No. 21293, § 1, 6-6-01)
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Old December 27, 2009, 10:12 PM   #11
ISC
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there are alot of cops who are under 21, they can own their own guns, but not but their own ammo.
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Old December 27, 2009, 10:21 PM   #12
hogdogs
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Well it looks like the "Clown" and his cronies committed theft right on national tv...:barf: Thieves tick me off but thieves in uniform really get my goat
Brent
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Old December 27, 2009, 10:50 PM   #13
NavyLT
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The rules for ammo are the same as for the handgun. 18-20 year olds are only prohibited from buying ammo for a handgun FROM A LICENSED DEALER. There is no prohibition on them possessing or owning ammo for a handgun, no prohibition from them obtaining that ammo from unlicensed dealers, private parties, or receiving the ammo as a gift from a private party.

There is no Federal license required to deal only in ammo. The license is only required to manufacture ammo or to be a dealer in firearms.
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Old December 28, 2009, 05:28 AM   #14
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Old December 28, 2009, 06:43 AM   #15
oldman1946
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Quote:
there are alot of cops who are under 21, they can own their own guns, but not but their own ammo.
Not in Louisiana. In order to be a POST certified officer, you have to be 21 yrs of age. They can work as a jailer or communications officer but not where they will have to carry a firearm.
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Old March 4, 2010, 11:45 AM   #16
nola1172
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To the post about being required to be 21 years of age to be Louisiana POST that is untrue.

Myself and another officer attended a full Louisiana POST academy at the age of 20. When I graduated from the academy I was 7 months shy of turning 21. My buddy was 10 months shy of turning 21. Both of us were sworn commissioned full time police officers with arrest powers and worked patrol on the street at the age of 20. We could also carry concealed while off duty as long as we had our commissions in our possession. It is up to the department whether or not the candidate or recruit is of the age of 21.
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Old March 4, 2010, 06:25 PM   #17
Glenn Dee
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Yours truely was sworn in as a police officer at the age of 20. I couldnt buy my own service revolver, or ammo.
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Old March 4, 2010, 07:09 PM   #18
teeroux
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Quote:
Not in Louisiana. In order to be a POST certified officer, you have to be 21 yrs of age. They can work as a jailer or communications officer but not where they will have to carry a firearm.
One of my supervisors was post certified at 20. Another guy I know from work got his at 19 and he is now just 21.
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