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  1. #1
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    Louisiana open carry activist settles with police department

    Quote of the year: ...the officer told him, "I don't care what the laws or the Supreme Court say. We are not going to have people running around, wearing guns, with women and children everywhere."

    From Gun Week:
    by Dave Workman, Senior Editor

    Louisiana open carry activist Mark Edward Marchiafava has settled out of court for an undisclosed sum in his legal feud with the Gonzales, LA, police department.

    The settlement stemmed from a lawsuit Marchiafava filed after he was arrested, handcuffed and disarmed while openly carrying a handgun at a Tanger Factory Outlet on Jan. 28, 2006. Marchiafava, who does not have a concealed carry license in Louisiana, prefers to pack his handgun in the open, and he is stubborn about it.

    Baton Rouge attorney John Delgado represented Marchiafava, and he told Gun Week that 'It's perfectly legal in Louisiana to carry an unconcealed firearm on your person. This is an open carry state."

    He acknowledged, however, that police might confront someone who does open carry.

    "Hell," he said, "you can be hassled for anything You can be hassled for jaywalking."

    The attorney noted that most law enforcement officers in Louisiana know that open carry is legal, but Marchiafava's encounter with Gonzales lawmen left a bitter taste in his mouth. Gun Week reported this case more than two years ago.

    Marchiafava said at the time that when he was confronted by police officers outside a store, he tried to explain to them that there was no law against open carry. A police officer abruptly told him, "Tell it to the judge."

    Subsequently, when he was being transported to the police station, where he spent the next couple of hours, the officer told him, "I don't care what the laws or the Supreme Court say. We are not going to have people running around, wearing guns, with women and children everywhere."

    Marchiafava has posted this story on the internet, and he has turned his case into a crusade. His case became something of a cause celeb among gun rights activists. He occasionally takes pokes at gun rights organizations including the National Rifle Association and Second Amendment Foundation for not helping out with his case.

    He now spends part of his time in Mississippi, where his wife is employed. He told Gun Week that the Gonzales police "have a check for me" and that he was planning to drive down and get it. And he will be open carrying when he does. The New GUN WEEK, August 15, 2008

  2. #2
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    Re: Louisiana open carry activist settles with police department

    Wow I lived in Gonzales for 4 and a half years! I just moved back to Florida in September. I used to go to the Tanger outlet all the time. I never heard anything about that! I will be picking up that Gun Week. Small World!
    IF GUNS CAUSE CRIME THEN ALL MINE ARE DEFECTIVE

  3. #3
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    Re: Louisiana open carry activist settles with police department

    Good for him. Sounds like that officer needs to enforce the law. Not make it up as he goes along.
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    Re: Louisiana open carry activist settles with police department

    Heya Vep, we were neighbors seperated by only a few years! I lived in Gonzales for a little while as well, and while there I had the "occasion" to speak with the local law once or twice. I have to say I'm sort of suprised that this guy got brought in, as I recall there was more than one person in Gonzales who routinelly excercised thier open carry rights.
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    Re: Louisiana open carry activist settles with police department

    Quote Originally Posted by Rackir
    Heya Vep, we were neighbors seperated by only a few years! I lived in Gonzales for a little while as well, and while there I had the "occasion" to speak with the local law once or twice. I have to say I'm sort of suprised that this guy got brought in, as I recall there was more than one person in Gonzales who routinelly excercised thier open carry rights.
    Amazing! Like I said small world. My job moved me to Louisiana, and I traveled all over for work, and decided to settle in Gonzales. Close to Baton Rouge, and only an hour from New Orleans. It was an experience that we enjoyed, but we were very excited to get back to Florida!
    IF GUNS CAUSE CRIME THEN ALL MINE ARE DEFECTIVE

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    Re: Louisiana open carry activist settles with police department

    The problem may be the DA, not the police. Typically, in cases like this, the police ask the DA what should enforced, and the DA will tell them to just arrest them and let us deal with it. Sounds like one or the other bit off more than they could chew - good for the citizen.

    I personally wouldn't open carry even if Texas law allowed it - I think it just makes you too easy a mark and probably the first to die in a bad situation - but to each his own.
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    Re: Louisiana open carry activist settles with police department

    I lived and worked in Coushatta for awhile and was surprised when I learned about thelaw. I asked a LEO and he said they arrest you for disturbing the peace.

    That may change now.
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    Re: Louisiana open carry activist settles with police department

    Quote Originally Posted by Big Ugly Tall Texan
    I asked a LEO and he said they arrest you for disturbing the peace.
    I laugh at "police officers" like that one. The term is in quotes because I use it very loosely.
    In Loving Memory---Anthony 10/12/1998 - 3/26/2010

 

 

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