Weapons laws in Louisiana (pepper spray/baton)

Factual Questions
1

Okay, this is a long shot. I’ve already searched the web including the state police site. I haven’t got a satisfying answer. I thought I’d try here before I start making phone calls down there.

I’m going down to Louisiana next week on personal. I need to know if I can legally carry pepper spray and an expandable baton down there. I know I can carry my pistol as I have both a FLORIDA
permit that’s recognized there and HR218. I usually also carry a small baton & pepper spray & want to know if it’s legal to do so down there. I can’t find any specific law that allows it, and the laws prohibiting it only refer to “dangerous weapons” and criminal activity.

I need a factual answer.

2

Here is the definition of dangerous weapon:

(3) “Dangerous weapon” includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.

http://www.legis.state.la.us/lss/lss.asp?doc=78337

It seems very broad. I would argue that pepper spray, in the manner used, is not likely to produce death or great bodily harm. But if I had to argue that, it’d be too late. I couldn’t find any helpful interpretations online.

3

I am from Louisiana and the state has very liberal weapons laws (or lack thereof). When I still lived there (10 years ago) you could buy pepper spray in Wal-Mart and do whatever you want with it. During my childhood in Lousiana, I bought blowguns, throwing stars, brass knuckles, etc.

I would venture to say that the reason you can’t find anything about it is because those items are regulated much at all. I can’t imagine that being a problem.

4

The problem is, that doesn’t mean it’s legal.
Here in Wisconsin Mace with CS/CN tear gas is sold everywhere (illegal. Only 10% OC 2million SHU pepper spray is allowed). I see pepper spray sold in dispensers that look like ball point pens (illegal here. Pepper spray, by law, cannot be disguised to look like something else). I’ve even seen some places selling stun guns (a BIG no-no here). So, like I said, just because it’s being sold doesn’t mean it’s legal.

I like to stay within the law when I visit.:slight_smile:
I’ll probably call the state police tomorrow & find out.

5

As with the batons for sale in my related thread, how is it that the police look the other way when things like this are sold all over the place? If the police never take action to prevent the sale of contraband could you make a case that is de facto legal?

I’m offended by the idea of someone being charged with posession of something that the police take no action to stop the sale of.

6

We do it all the time here. Usually its those pepper pens. I’ve never seen batons sold in a Walmart.

7

I’d like to hear the result. :smiley:

8

I live in Louisiana. I wouldn’t even give the pepper spray another thought. I haven’t checked, but around here I doubt I could find anyone who would even consider that a weapon. Useful deterrent maybe but I would be astonished if it is illegal for anyone to carry pepper spray. I know several state legislators who would fall over themselves in a rush to make it legal if there was ever any question.

Call the state police though. Just because noone knows it is against the law doesn’t mean it is legal.

The baton on the other hand is questionable. I would check on that.

9

I too would be surpirsed if pepper spray was illegal. The baton is mostly what I’m sure about. I can carry one here (I have a little off duty model
that I carry. HR218 only covers handguns.

10

Ummm… 5.5 inches? Is that expanded?
Does that provide useful leverage?
Is it basically the roll of quarters in your fist thing?

11

It expands out to 9 inches (surrrrrrrre it does :smiley: ). Like I said, it’s on off duty model. It fits nicely it a front pants pocket along with an ASP KEY DEFENDER. Carrying the OC & the small baton with a pistol covers the force continuum criteria.

12

Dude, I think you got too much shit in your pockets. :slight_smile:

If you actually have to defend yourself, you’ll get caught up trying to decide which weapon to use!

13

In Louisiana isn’t pepper spray considered a condiment?

14

Then I better resign my position as an assistant defensive tactics instructor.

My little baton and pepper spray, along with my Glock 27 take up very little room.
I always keep my baton/spray in my right [front pocket] & my Glock on my left side in a holster. The exact locations [left/right] where I carry the full size versions on my duty belt.

15

So, is the continuum:

  1. Minibaton
  2. Pepper Spray
  3. Gun

or

  1. Pepper Spray
  2. Minibaton
  3. Gun?
16

It’s:

Presence
Dialog
Empty hand control (strikes/kicks)
Chemical (pepper spray)
Impact weapon (baton)
Deadly force (firearm)

Obviously one can escalate/skip as the threat dictates.
I like having that little baton & key defender spray for non-lethal force. They slip right into the pocket like a cigar in a tube. You don’t really notice them being there until you reach for them.