Weapons allowed in Abbeville parks; city councilman wants to change that

Did you know it is legal to bring an exposed gun into most parks in Abbeville? A person can display a .38 caliber pistol on his hip and there is nothing anyone can do.
The Abbeville City Council wants to try and change that.
What the person can not do is discharge a gun in the city limits. That’s against the law.
Although Abbeville has a sign saying “no weapons” in A.A. Comeaux Park, a person, because of the state law, may be allowed into the park, depending on if the sign was put up before 1985. If the sign with “no weopans” was installed before 1985, then it is illegal to walk into Comeaux Park with an open gun. If it was installed after 1985, then it is legal to go into the park with an exposed gun.
Comeaux Park looks to be the only park in Abbeville that has a sign
stating “no weapons” allowed in the park.
According to state law, no signs can be added now to say “no weapons” allowed in city park.
Abbeville Councilman Wayne Landry, who was wearing an open gun, said he knew he did nothing wrong recently when he visited McKinley Scott Park off of Martin Luther King Drive in Abbeville.
Landry attended a function at McKinley Park as children played in the park during a family fun day. While there, Landry said he broke up a fight and also visited with friends. He also had pictures taken of him with friends. The pictures clearly showed his pistol in a holster.
Landry explained the reason for the pistol was because of arguments he has been having with a neighbor and he feared the neighbor would do something to harm him and his family.
An article appeared in last week’s Meridional explaining why Landry was carrying a gun. On Friday he responded to how people commented, to a city councilman walking around with a gun in Abbeville.
“My reputation was thrown under the bus because of the lack of knowledge about the law,” said Landry.
One councilman wants to see if it is possible to create a city ordinance banning weapons, open or concealed, from city parks.
Councilman Francis Touchet is expected to introduce a new ordinance not allowing weapons into city parks. Touchet is going to ask city attorney Ike Funderburk to begin researching if the city can create an ordinance despite a state law saying it is legal to walk around with an open gun at a city or state park.
Touchet said, “I feel strongly we can make a strong stand that there should be no guns or knives in the recreation park where kids are playing. Kids should feel safe when they are at the park and not have to worry.”
Touchet said he respects that people have the right to carry an open gun, but there should be exceptions like a city park where children play sports.
Both councilmen Francis Plaisance and Brady Broussard Jr. agree with Touchet.
“The motive behind that is to make our parks safer for all citizens and especially our children,” added Broussard. “It’s now illegal to bring weapons into school zones, and hopefully we can have the city attorney explore making our city parks equally free of weapons.
“Our numerous city parks are treasures of our community. We should always look at anything and everything we can do to enhance the positive experience in those green spaces and of course make those areas a safe haven for all.”
“I was surprised there was no city ordinance banning weapons from city parks,” said Plaisance. “I think having an ordinance is a great idea.”
Landry said he would vote against the new ordinance because he knows the state law allows open guns.
There are laws already on the books where open carry is not allowed. For example open carry is not allowed in school zones, government (state and local) buildings, any place that sells alcohol for consumption on the premises and any private property that posts signs expressly forbidding the carrying of firearms.
Open guns are allowed in state and city parks.
It will not be that easy to create a new ordinance banning open guns from Abbeville city parks. Other municipalities have requested an attorney general’s opinion creating a new ordinance and learned the hard way, that city laws can not supersede state law.
The attorney general stated, “Therefore, an ordinance enacted by a Parish and/or Municipality regulating the carrying of exposed handguns would be without effect as being in conflict with State Law.”
There is an organization known as the Louisiana Open Carry Awareness League. Their mission is to educate people that it is not against the law to carry a firearm in public, as long as it is not concealed.
Speedy Mercer, the league secretary, gave his opinion on if the city council can pass an ordinance not allowing fire arms in city park.
“They (city council) can pass the law and they can enforce it, but the public can sue to have it thrown out,” said Mercer.
Mercer said the only way guns would not be allowed in a city park would be if there is a sign that states no guns allowed in the park. However, the catch to that law is that the sign would have had to be placed in the park before 1985. Any sign placed after 1985, would be violating the state and federal law, said Mercer.
So, according to Mercer, the city council could not legally place any new signs in city parks, not allowing guns.
However, it is legal for private businesses to place signs saying, “No guns allowed” in front of their business. If there is a sign and a person walks into the business with an open gun, he or she can be arrested, said Mercer.
He said he has been in a Shreveport businesses with an open gun, and they have asked him to leave. He did not argue with them and just left.