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Thread: Car is an extension of your home

  1. #1
    Newbie

    Car is an extension of your home

    I was pulled over about 3 months ago for my license plate light being burnt out. And I did want I always do when I get pulled over : roll all windows down, keep my hands on top of the steering wheel, before I move I tell the cop that my gun is in my door pocket next to me. I did all of this so that cop is as comfortable as possible with me and usually the cop is very appreciative but not this time. After I did all of this and the cop swings my door open fast then proceeds to ask if I have a concealed carry permit and I told him that I do not. He then unloads my gun the slams it on my roof saying “what are you thinking hiding your gun in your door like that?" I told him to not slam my gun on my roof, respect my property, and I wasn't hiding anything and that I could have my gun anywhere in my car that I want. He told me that is not true; it has to be visible to him when he walks up to the car. I told him he was wrong and that my car is an extension of my home in the state of Louisiana and I can have the gun anywhere in my car except for on my person without a permit. He then told me I was wrong and that he knows the laws better than me because he is a cop, then I told him again that he was wrong. Then he came back with my ticket along with another cop, they both lectured my on how I was conceive carrying and the gun needs to be visible to anyone walking up to the car. So I asked where an acceptable place for me to ride around with it is and he told me on the passenger seat, on the center console, or on the dash. I then proceeded to laugh and drove off. My court date is in 1 hour and I wanted to know if anyone knew the law number that says your car is an extension of your home so I can show the cop today at court that he was wrong and file a formal complaint against him.
    Thanks for your help,
    Andrew

  2. #2
    Slave to Society FishingBack's Avatar
    I don't think you need to prove that you were within the law. It's on them to tell you which law you broke.

    I believe that illegal carrying of a weapon is an arrestable offense....did you get a ticket for speeding or for the gun?

  3. #3
    No sir, I ain't. Gus McCrae's Avatar
    Quote Originally Posted by silverG6coupe View Post
    I was pulled over about 3 months ago for my license plate light being burnt out. And I did want I always do when I get pulled over : roll all windows down, keep my hands on top of the steering wheel, before I move I tell the cop that my gun is in my door pocket next to me. I did all of this so that cop is as comfortable as possible with me and usually the cop is very appreciative but not this time. After I did all of this and the cop swings my door open fast then proceeds to ask if I have a concealed carry permit and I told him that I do not. He then unloads my gun the slams it on my roof saying “what are you thinking hiding your gun in your door like that?" I told him to not slam my gun on my roof, respect my property, and I wasn't hiding anything and that I could have my gun anywhere in my car that I want. He told me that is not true; it has to be visible to him when he walks up to the car. I told him he was wrong and that my car is an extension of my home in the state of Louisiana and I can have the gun anywhere in my car except for on my person without a permit. He then told me I was wrong and that he knows the laws better than me because he is a cop, then I told him again that he was wrong. Then he came back with my ticket along with another cop, they both lectured my on how I was conceive carrying and the gun needs to be visible to anyone walking up to the car. So I asked where an acceptable place for me to ride around with it is and he told me on the passenger seat, on the center console, or on the dash. I then proceeded to laugh and drove off. My court date is in 1 hour and I wanted to know if anyone knew the law number that says your car is an extension of your home so I can show the cop today at court that he was wrong and file a formal complaint against him.
    Thanks for your help,
    Andrew
    1 hour from now? Planning on this being a nail biter?

  4. #4
    Black Riflin' & Glock'n senseibuddy's Avatar
    3..........2................1................
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  5. #5
    You can't fix stupid.

    Premium Member
    NitroX's Avatar
    I'm in on p1 for this 1
    Freedom of speech is ultra important so stupid people will make their stupid statements so we know how stupid they are. -Ted Nugent

  6. #6
    Slave to Society FishingBack's Avatar
    RS 14:95 says:

    §95. Illegal carrying of weapons

    A. Illegal carrying of weapons is:

    (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or

    (2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or

    (3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or

    (4) The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance.

    (5)(a) The intentional possession or use by any person of a dangerous weapon on a school campus during regular school hours or on a school bus. "School" means any elementary, secondary, high school, or vo-tech school in this state and "campus" means all facilities and property within the boundary of the school property. "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.

    (b) The provisions of this Paragraph shall not apply to:

    (i) A peace officer as defined by R.S. 14:30(B) in the performance of his official duties.

    (ii) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

    (iii) Any person having the written permission of the principal or school board and engaged in competition or in marksmanship or safety instruction.

    B.(1) Whoever commits the crime of illegal carrying of weapons shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

    (2) Whoever commits the crime of illegal carrying of weapons with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than two years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.

    C. On a second conviction, the offender shall be imprisoned with or without hard labor for not more than five years.

    D. On third and subsequent convictions, the offender shall be imprisoned with or without hard labor for not more than ten years without benefit of parole, probation, or suspension of sentence.

    E. If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while in the possession of or during the sale or distribution of a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence. Upon a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than twenty years nor more than thirty years without the benefit of probation, parole, or suspension of sentence.

    F. The enhanced penalty upon second, third, and subsequent convictions shall not be applicable in cases where more than five years have elapsed since the expiration of the maximum sentence, or sentences, of the previous conviction or convictions, and the time of the commission of the last offense for which he has been convicted; the sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.

    G.(1) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties. These provisions shall not apply to sheriffs and their deputies and state and city police who are not actually discharging their official duties, provided that such persons are full time, active, and certified by the Council on Peace Officer Standards and Training and have on their persons valid identification as duly commissioned law enforcement officers.

    (2) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to any law enforcement officer who is retired from full-time active law enforcement service with at least twelve years service upon retirement, nor shall it apply to any enforcement officer of the office of state parks, in the Department of Culture, Recreation and Tourism who is retired from active duty as an enforcement officer, provided that such retired officers have on their persons valid identification as retired law enforcement officers, which identification shall be provided by the entity which employed the officer prior to his or her public retirement. The retired law enforcement officer must be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such qualification. This exception shall not apply to such officers who are medically retired based upon any mental impairment.

    (3)(a) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to active or retired reserve or auxiliary law enforcement officers qualified annually by the Council on Peace Officer Standards and Training and who have on their person valid identification as active or retired reserve law or auxiliary municipal police officers. The active or retired reserve or auxiliary municipal police officer shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification.

    (b) For the purposes of this Paragraph, a reserve or auxiliary municipal police officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as such agency's representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law.

    H. The provisions of this Section shall not prohibit active justices or judges of the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family courts, city courts, and traffic courts, constables, coroners, district attorneys and designated assistant district attorneys, United States attorneys and assistant United States attorneys and investigators, and justices of the peace from possessing and concealing a handgun on their person when the justice or judge, constable, coroner, district attorneys and designated assistant district attorneys, United States attorneys and assistant United States attorneys and investigators, or justices of the peace are certified by the Council on Peace Officer Standards and Training.

    I. The provisions of this Section shall not prohibit the carrying of a concealed handgun by a person who is a college or university police officer under the provisions of R.S. 17:1805 and who is carrying a concealed handgun in accordance with the provisions of that statute.

    J. The provisions of this Section shall not prohibit the ownership of rescue knives by commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the carrying of rescue knives by commissioned full-time law enforcement officers who are in the actual discharge of their official duties. The provisions of this Section shall not prohibit the sale of rescue knives to commissioned full-time law enforcement officers. The provisions of this Section shall not prohibit the ownership or possession of rescue knives by merchants who own or possess the knives solely as inventory to be offered for sale to commissioned full-time law enforcement officers. As used in this Subsection, a "rescue knife" is a folding knife, which can be readily and easily opened with one hand and which has at least one blade which is designed to be used to free individuals who are trapped by automobile seat belts, or at least one blade which is designed for a similar purpose. No blade of a rescue knife shall exceed five inches in length.

    K.(1) The provisions of this Section shall not prohibit a retired justice or judge of the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family courts, and city courts from possessing and concealing a handgun on their person provided that such retired justice or judge is certified by the Council on Peace Officer Standards and Training and has on their person valid identification showing proof of their status as a retired justice or judge.

    (2) The retired justice or judge shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification. However, this Subsection shall not apply to a retired justice or judge who is medically retired based upon any mental impairment.

    Amended by Acts 1956, No. 345, §1; Acts 1958, No. 21, §1; Acts 1958, No. 379, §§1, 3; Acts 1968, No. 647, §1; Acts 1975, No. 492, §1; Acts 1986, No. 38, §1; Acts 1992, No. 1017, §1; Acts 1993, No. 636, §1; Acts 1993, No. 844, §1; Acts 1994, 3rd Ex. Sess., No. 143, §1; Acts 1995, No. 636, §1; Acts 1995, No. 930, §1; Acts 1995, No. 1195, §1; Acts 1995, No. 1199, §1; Acts 1997, No. 508, §1; Acts 1997, No. 611, §1; Acts 1997, No. 1064, §1; Acts 1999, No. 738, §1; Acts 1999, No. 924, §1; Acts 1999, No. 953, §1; Acts 2003, No. 608, §1; Acts 2003, No. 766, §1; Acts 2006, No. 515, §1; Acts 2006, No. 589, §1; Acts 2008, No. 172, §1.

  7. #7
    Marksman kdick3's Avatar
    Quote Originally Posted by silverG6coupe View Post
    I was pulled over about 3 months ago for my license plate light being burnt out. And I did want I always do when I get pulled over : roll all windows down, keep my hands on top of the steering wheel, before I move I tell the cop that my gun is in my door pocket next to me. I did all of this so that cop is as comfortable as possible with me and usually the cop is very appreciative but not this time. After I did all of this and the cop swings my door open fast then proceeds to ask if I have a concealed carry permit and I told him that I do not. He then unloads my gun the slams it on my roof saying “what are you thinking hiding your gun in your door like that?" I told him to not slam my gun on my roof, respect my property, and I wasn't hiding anything and that I could have my gun anywhere in my car that I want. He told me that is not true; it has to be visible to him when he walks up to the car. I told him he was wrong and that my car is an extension of my home in the state of Louisiana and I can have the gun anywhere in my car except for on my person without a permit. He then told me I was wrong and that he knows the laws better than me because he is a cop, then I told him again that he was wrong. Then he came back with my ticket along with another cop, they both lectured my on how I was conceive carrying and the gun needs to be visible to anyone walking up to the car. So I asked where an acceptable place for me to ride around with it is and he told me on the passenger seat, on the center console, or on the dash. I then proceeded to laugh and drove off. My court date is in 1 hour and I wanted to know if anyone knew the law number that says your car is an extension of your home so I can show the cop today at court that he was wrong and file a formal complaint against him.
    Thanks for your help,
    Andrew
    Do you live in Louisiana? Your court date is set at 5:30PM? I didn't think they had court hearings after 5:00.... If they do I'm impressed. Seems that the Judicial System of LA is the only one that works after 4:00, lol.
    “We don't have a trillion-dollar debt because we haven't taxed enough; we have a trillion-dollar debt because we spend too much.” - Ronald Reagan

  8. #8
    Slave to Society FishingBack's Avatar
    I would advise against telling the judge that your car is an extension of your home.

  9. #9
    No sir, I ain't. Gus McCrae's Avatar
    RS 32:292.1

    §292.1. Transportation and storage of firearms in privately owned motor vehicles

    A. Except as provided in Subsection D of this Section, a person who lawfully possesses a firearm may transport or store such firearm in a locked, privately-owned motor vehicle in any parking lot, parking garage, or other designated parking area.

    B. No property owner, tenant, public or private employer, or business entity or their agent or employee shall be liable in any civil action for damages resulting from or arising out of an occurrence involving a firearm transported or stored pursuant to this Section, other than for a violation of Subsection C of this Section.

    C. No property owner, tenant, public or private employer, or business entity shall prohibit any person from transporting or storing a firearm pursuant to Subsection A of this Section. However, nothing in this Section shall prohibit an employer or business entity from adopting policies specifying that firearms stored in locked, privately-owned motor vehicles on property controlled by an employer or business entity be hidden from plain view or within a locked case or container within the vehicle.

    D. This Section shall not apply to:

    (1) Any property where the possession of firearms is prohibited under state or federal law.

    (2) Any vehicle owned or leased by a public or private employer or business entity and used by an employee in the course of his employment, except for those employees who are required to transport or store a firearm in the official discharge of their duties.

    (3) Any vehicle on property controlled by a public or private employer or business entity if access is restricted or limited through the use of a fence, gate, security station, signage, or other means of restricting or limiting general public access onto the parking area, and if one of the following conditions applies:

    (a) The employer or business entity provides facilities for the temporary storage of unloaded firearms.

    (b) The employer or business entity provides an alternative parking area reasonably close to the main parking area in which employees and other persons may transport or store firearms in locked, privately-owned motor vehicles.

    Acts 2008, No. 684, §1.

  10. #10
    Newbie
    I got the ticket in Harahan La, my court time is 5:30 which I thought was very wierd too. The ticket is for illegal tint and no license plate light. I forgot about it untill last night and I have been meaning to ask for a while, I just forgot.

  11. #11
    Slave to Society FishingBack's Avatar
    32.292.1 doesn't apply as he was driving on roads and thusly not on private property. That law is to protect people's rights to bring their gun to their parking lot for work.

  12. #12
    Slave to Society FishingBack's Avatar
    Quote Originally Posted by silverG6coupe View Post
    I got the ticket in Harahan La, my court time is 5:30 which I thought was very wierd too. The ticket is for illegal tint and no license plate light. I forgot about it untill last night and I have been meaning to ask for a while, I just forgot.
    If that is what your ticket is for, you don't have to worry about the gun issue.

  13. #13
    Slave to Society FishingBack's Avatar
    Although Harahan is part of the New Orleans area...it's not surprising. If the cops did not arrest you, then they knew you were in the clear.

  14. #14
    Smart @$$ Extraordinaire
    IOP1

    I dont know where the law is, but I was told by a trooper that I could have a gun concealed in my car, but not on my person in my car. Apparently you can have it under your seat, in your arm rest, etc, but not under a jacket while you sit in your car.
    Quote Originally Posted by tunatuk View Post
    you make as much sense as a box full of $2 sandwich batteries.
    Quote Originally Posted by Keller View Post
    Dangit! Whos leg do I have to hump to get mod-powers like you?

  15. #15
    Newbie
    Quote Originally Posted by FishingBack View Post
    I don't think you need to prove that you were within the law. It's on them to tell you which law you broke.

    I believe that illegal carrying of a weapon is an arrestable offense....did you get a ticket for speeding or for the gun?
    I want to prove it to this cop because he was a grade A asshole and he was trying to mess with me because I look young.
    Harahan cops are power crazy assholes that have nothing better to do then mess with people because they didn't make the cut to be another cop like jefferson parish or somewhere else. And they should know the laws they are trying to enforce

  16. #16
    No sir, I ain't. Gus McCrae's Avatar
    LRS 14:95.2

    §95.2. Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone

    A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.

    B. For purposes of this Section, the following words have the following meanings:

    (1) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.

    (2) "Campus" means all facilities and property within the boundary of the school property.

    (3) "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.

    (4) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not have permission to be on the school campus.

    C. The provisions of this Section shall not apply to:

    (1) A federal, state, or local law enforcement officer in the performance of his official duties.

    (2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

    (3) Any person having the written permission of the principal.

    (4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.

    (5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

    (6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.

    (7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.

    (8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.

    D.(1) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school-sponsored function, or in a firearm-free zone shall be imprisoned at hard labor for not more than five years.

    (2) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, on school property or in a firearm-free zone with the firearm or dangerous weapon being used in the commission of a crime of violence as defined in R.S. 14:2(B) on school property or in a firearm-free zone, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively. Upon commitment to the Department of Public Safety and Corrections after conviction for a crime committed on school property, at a school-sponsored function or in a firearm-free zone, the department shall have the offender evaluated through appropriate examinations or tests conducted under the supervision of the department. Such evaluation shall be made within thirty days of the order of commitment.

    E. Lack of knowledge that the prohibited act occurred on or within one thousand feet of school property shall not be a defense.

    F.(1) School officials shall notify all students and parents of the impact of this legislation and shall post notices of the impact of this Section at each major point of entry to the school. These notices shall be maintained as permanent notices.

    (2)(a) If a student is detained by the principal or other school official for violation of this Section or the school principal or other school official confiscates or seizes a firearm or concealed weapon from a student while upon school property, at a school function, or on a school bus, the principal or other school official in charge at the time of the detention or seizure shall immediately report the detention or seizure to the police department or sheriff's department where the school is located and shall deliver any firearm or weapon seized to that agency.

    (b) The confiscated weapon shall be disposed of or destroyed as provided by law.

    (3) If a student is detained pursuant to Paragraph (2) of this Subsection for carrying a concealed weapon on campus, the principal shall immediately notify the student's parents.

    (4) If a person is arrested for carrying a concealed weapon on campus by a university or college police officer, the weapon shall be given to the sheriff, chief of police, or other officer to whom custody of the arrested person is transferred as provided by R.S. 17:1805(B).

    G. Any principal or school official in charge who fails to report the detention of a student or the seizure of a firearm or concealed weapon to a law enforcement agency as required by Paragraph (F)(2) of this Section within seventy-two hours of notice of the detention or seizure may be issued a misdemeanor summons for a violation hereof and may be fined not more than five hundred dollars or sentenced to not more than forty hours of community service, or both. Upon successful completion of the community service or payment of the fine, or both, the arrest and conviction shall be set aside as provided for in Code of Criminal Procedure Article 894(B).

    Acts 1991, No. 833, §1; Acts 1992, No. 197, §1; Acts 1993, No. 844, §1; Acts 1993, No. 1031, §1; Acts 1994, 3rd Ex. Sess., No. 25, §1; Acts 1994, 3rd Ex. Sess., No. 38, §1; Acts 1994, 3rd Ex. Sess., No. 107, §1; Acts 1999, No. 1236, §1.

  17. #17
    No sir, I ain't. Gus McCrae's Avatar
    Quote Originally Posted by silverG6coupe View Post
    I got the ticket in Harahan La, my court time is 5:30 which I thought was very wierd too. The ticket is for illegal tint and no license plate light. I forgot about it untill last night and I have been meaning to ask for a while, I just forgot.
    Are you going to help things by telling a cop "I told you so?"

  18. #18
    Smart @$$ Extraordinaire
    Quote Originally Posted by BBQLS1 View Post
    LRS 14:95.2


    C. The provisions of this Section shall not apply to:


    (5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
    Quick, fairly Off Topic Question, but, this law says that I can Drive Thru/Park on a Campus, beit LSU, BRCC, or Lee High, with my gun in my car, legally?
    Quote Originally Posted by tunatuk View Post
    you make as much sense as a box full of $2 sandwich batteries.
    Quote Originally Posted by Keller View Post
    Dangit! Whos leg do I have to hump to get mod-powers like you?

  19. #19
    Marksman 11Bravo's Avatar
    As far as I know that is correct. There was a post here somewhat recently about a guy parked on a highschool campus with a handgun in his truck. I'd search for it.

  20. #20
    Marksman Gumbo's Avatar
    At my old highschool, the Firearm Free Zone signs were posted at the fence and every entrance to the property. So basically, carrying past the property line was no no. Some guy left his shotgun up on the gun rack by mistake one day, and of course one of the weak in the brian students freaked out and it blew up into this huge deal.
    Last edited by Gumbo; July 7th, 2009 at 04:47 PM.

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