NativeNawlins-Proud2Call New Orleans Home
Greetings All,
I have been OC'ing on in Jefferson Parish and while in my vehicle in New Orleans since Hurricane Katrina. I have had several close calls but no arrest made as yet. I attribute this to a couple of things.
1. Scene Safety – If I do not feel the area warrants me OC’ing, then I will leave my weapon of choice securely locked in my auto safe. (yes, I have a safe installed in my van). If on the other hand if it is early in the morning, late at night or other tell tale signs that trouble may be lurking then I proudly OC.
2. Attitude - Displaying confidence with a personable attitude works to de-escalate the situation.
a. I acknowledge any civilian’s look with one that says it is ok. Example; A polite hello or good evening.
b. If I am confronted by a store employee, etc. and they state I cannot shop with my OC, I politely acknowledge their request and leave. As I am leaving I respectfully state that they should place a sign up to prevent other individuals from legally entering their place of business with a legally carried weapon. I also state that with or without the sign that I will not longer shop in an area that caters to criminal activity over legal activity. Their loss, not mine.
c. If I am confronted by a LEO, I remain calm and confident and advise him that I am in full compliance with Louisiana Revised Statues and I am willing to comply with Louisiana Revised Statue 29:738.
d. If he wishes for me to comply with RS 29:738, I calmly ask him which actions he would prefer me to use in my compliance.
i. Properly clear the weapon by removing it from my holster, removing the magazine, opening and locking in an open position the chamber and then hand it to him in a non-threatening manner.
ii. Hand him my weapon while still in the holster which is easiest but lacks safety.
*I have had a LEO wanting me to hand it over at all, but have been advised to keep my hand away from it.
3. While we are talking I usually drop the name of an officer or two that I know he can check with to verify the veracity of my actions and statements.
4. Knowledge - The truth will set you free, if not at the time of confrontation, then at trial.
a. I have a list of the pertinent Louisiana Revised Statues that I printed on a business card and suggest that if he is not familiar with it he can have his dispatcher or supervisor verify them. I only have the number and short titles on the business card, example: LA CONST 1 11 "Right to Keep and Bear Arms". RS 29:738 “Temporary Weapons Confiscation”, RS 14:108 “Resisting Arrest”. CCRP 218 Art. 218 Method of arrest without warrant. CCRP 230 Art. 230 “Rights of person arrested”.
b. If I even feel that they are going to make an unlawful arrest, I advise them against it as my actions are within all pertinent laws, and that I will not resist the arrest and am fully aware of what constitutes resisting under RS 14:108 Resisting Arrest.
c. If arrested that I request full compliance with CCRP 230 Art. 230. Rights of person arrested that states he person arrested has, from the moment of his arrest, a right to procure and confer with counsel and to use a telephone or send a messenger for the purpose of communicating with his friends or with counsel.
d. If arrested I will no longer answer questions without my counsel being present.
e. Once exonerated that I will seek all legal means of compensation as restitution for knowingly violating my constitutional rights.
Notes:
CA Constitution Ancillaries (Louisiana)
CCRP Code of Criminal Procedure (Louisiana)
RS Revised Statutes (Louisiana)
