Re: Handguns on WMA
October 14, 2019 at 11:33am
Read a couple of bullet points up from what you have marked out in the photo. It reads as follows:
Firearms and bows and arrows are not allowed on WMAs during closed seasons EXCEPT on designated shooting ranges or as permitted for trapping, and EXCEPT as allowed pursuant to R.S. 56:109.C and R.S. 56:1691. Bows and broadhead arrows are not allowed on WMAs EXCEPT during deer archery season, turkey season or as permitted for bowfishing. Active and retired law enforcement officers in compliance with POST requirements, Federal Law Enforcement Officers and holders of Louisiana concealed handgun permits or permit holders from a reciprocal state, who are in compliance
with all other state and federal firearms regulations, may possess firearms on WMAs, provided these firearms are not used for any hunting purpose.
Note....it does not state what type of firearms are not allowed on WMAs during closed seasons....
In the older regs, the section you have marked in the photo read as such:
Center-fire rifles and handguns larger than .22 caliber rimfire, shotgun slugs or shot larger than BB lead or F steel shot cannot be carried onto any WMA EXCEPT during modern and primitive firearm deer seasons and during special shotgun season for feral hogs on Atchafalaya Delta, Pass-a-Loutre, Pointe-aux-Chenes and Salvador WMAs (see individual WMA season schedules for specific regulations).
Opposed to the current requirements which only prohibit break action and bolt action centerfire handguns:
The following cannot be carried onto any WMA EXCEPT during modern and primitive firearm deer seasons and during special shotgun season for feral hogs on Atchafalaya Delta, Pass-a-Loutre, Pointe aux-Chenes and Salvador WMAs (see individual WMA season schedules for specific regulations).
Break-action centerfire and Bolt action centerfire handguns
Scoped centerfire handguns
Shotgun slugs or shot larger than BB lead or F steel
Having said all of that.....I would be willing to go out on a limb and say the older verbiage was changed to prevent somebody from bringing a TC Contender or a Remington 700CP onto a WMA under the guise of being a concealed handgun....under the protection of the Concealed Handgun Permit.
To do a really deep dive into the law....I'm not a lawyer....just reading the laws....The way I am reading the regs and looking at the letter of the law.....as long as the .40 was in your truck....and not on your person...he could not write you a citation...with or without a CHP. The two revised statutes quoted in the regs....first one (in a nutshell) says you can't have a device capable of being used....blah blah blah....unless the person has been authorized by permit....yada yada yada....basically...you have your license, you did the self clearing permit, you are there during hunting season.
C. No person shall knowingly take, attempt to take, disturb, or destroy any wild bird or wild quadruped or the nest, egg, or young thereof on lands set apart as wildlife management areas and wildlife refuges, or have in his possession or keep, while on the lands, any trap, snare, or other device capable of being used in the taking or disturbance of the birds or quadrupeds on such areas, unless the person previously has been expressly authorized by a permit from the department to do so and only for the purpose and under the conditions specified in the permit.
The second RS mentioned, RS 56:1691, somewhat contradicts the first....BUT...as long as the .40 was in your truck and not on your person (unless you have a CHP). Reason being....you can legally carry it in your vehicle....stating self-defense/protection reasons....as part of the LA castle doctrine....not a law allowing you to carry a weapon or possess a weapon in your home or vehicle....but, a law providing protection to you should you have to use the weapon in self defense (Justifiable Homicide). And, since your vehicle is considered an extension of your home.....well....I think you are within your legal right to have the weapon in your vehicle.
§1691. Possession of firearms
A person who lawfully possesses a firearm may possess or transport such firearm within the boundaries of a state park, state historic site, state preservation area, wildlife management area, or wildlife refuge.
Again...I'm not a lawyer and not giving legal advice....just my interpretation of what I'm reading. If you told the officer you had a .40, in your vehicle, for self-defense purposes....and he would have written you a citation....I think it could easily be overturned in court. But, who wants to go through all of that? Keep it simple....get the CHP and not have any question about it...or carry a .22 magnum rimfire during squirrel season (not a break action derringer! LOL) for protection.