Car is an extension of your home

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  • Saftman

    Well-Known Member
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    4   0   0
    May 17, 2009
    285
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    Lafayette, La.
    As with any grooup of people most will be nice, good guys, some will be a little different and a few will be a##holes. You must have met the last bunch. I would be more pissed that he dented or scratched the roof of my vehicle.
     

    vsound

    Well-Known Member
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    Sep 25, 2006
    524
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    Baton Rouge
    There is no law that says "your car is an extension of your home". Not sure where the phrase originated. I'm guessing it's from a court case, but I could not find it. There is no generalized law that says you cannot store a gun in your car, thus the default is that you can. There are certain exceptions, such as the workplace law, etc., but there is no broad prohibition against storing a gun in your car.

    Somewhere along the way somebody came up with the "extension" phrase as applying to Louisiana, but it's never actually been codified.
     

    oleheat

    Professional Amateur
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    May 18, 2009
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    If the gun is contained COMPLETELY WITHIN YOUR VEHICLE, in this state you can place it wherever you so choose. Your vehicle is an extension of your home. This even trumps the "gun free zone" b.s.... I would have asked the officer, "so, are you saying I should leave it clearly visable on my dash, console, or passenger seat when I run into the grocery store for an hour?" That is an embarrasing example of ignorance of the law.
    I am pro-law enforcement, to be sure. I am just as in favor of REQUIRING OFFICERS TO KNOW THE LAW at the VERY LEAST enough to avoid ridiculous situations like this.
    Just for the record, and no other reason, what agency did the LEO work for?....
     

    oleheat

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    There is no law that says "your car is an extension of your home". Not sure where the phrase originated. I'm guessing it's from a court case, but I could not find it. There is no generalized law that says you cannot store a gun in your car, thus the default is that you can. There are certain exceptions, such as the workplace law, etc., but there is no broad prohibition against storing a gun in your car.

    Somewhere along the way somebody came up with the "extension" phrase as applying to Louisiana, but it's never actually been codified.



    Okay, but I think we can all agree that the phrase "carrying concealed" means "on one's person". If it doesn't, then we better all rush out to invent the much-needed, see-through gun safe, because they may start telling you all of your guns must be clearly visable inside your home as well.
     

    Gus McCrae

    No sir, I ain't.
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    25   0   0
    Feb 25, 2009
    8,370
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    Colorado
    Anyone know what federal law that is?

    That's state law. Federal law has the unloaded gun locked in a separate from ammo compartment that is not readily accessible to the driver. Generally, states make the law except on Federal Land, but the states are not supposed to exceed the Federal Requirements, but places in New York and Illinois ignore it or at least make life very difficult for the gun owner.

    Don't have the source so take it for what it's worth.
     

    ram03reg

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    Apr 1, 2008
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    x2 on many Harahan cops being dicks.
    I saw them speeding with lights and sirens on a couple of weeks ago. So i pulled over to let them pass as did about 20 other people well 30 sec later i see them park get out lean against their cars and just start having a conversation. There was some kind of fest going on and i guess they were there to just park and make it look legit. Talk about a bunch of assholes.

    I have respect for police and i have a few friends who are officers but I really dislike the ones who abuse their power.

    Andrew--make a complaint on the officer and make sure you have the paper work to back it up. Do you know if there was video running when you got pulled over?
     

    oleheat

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    A brand new account, all for some cop hate. This seems to be a recurring topic so I'm sure you'll find others that share you point of view.

    Dude, what are you talking about?? The day everyone sits back and DOESN'T speak out against things like this is the day we are officially a "police state"....
    The law is the law, and that means individuals are not allowed to make the rules up as they go along.
    I do not hate cops- I've already said on here that I have numerous friends AND family in that profession. I assure you that they feel the same way I do on this issue.
     

    silverG6coupe

    Member
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    May 10, 2009
    10
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    Dude, what are you talking about?? The day everyone sits back and DOESN'T speak out against things like this is the day we are officially a "police state"....
    The law is the law, and that means individuals are not allowed to make the rules up as they go along.
    I do not hate cops- I've already said on here that I have numerous friends AND family in that profession. I assure you that they feel the same way I do on this issue.

    That is exactly why I am filing a complaint against the officer, he thought he was above me because he is a cop. I know this because he said those words to me, which made me even more mad that he was wrong about this law and he was adamant that he was right.
     

    silverG6coupe

    Member
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    May 10, 2009
    10
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    x2 on many Harahan cops being dicks.
    I saw them speeding with lights and sirens on a couple of weeks ago. So i pulled over to let them pass as did about 20 other people well 30 sec later i see them park get out lean against their cars and just start having a conversation. There was some kind of fest going on and i guess they were there to just park and make it look legit. Talk about a bunch of assholes.

    I have respect for police and i have a few friends who are officers but I really dislike the ones who abuse their power.

    Andrew--make a complaint on the officer and make sure you have the paper work to back it up. Do you know if there was video running when you got pulled over?

    I'm not sure if there is a video, but I'll find when I go to file the complaint. I couldn't do it last night because it was too late.

    For the record, my gun was not on my person, it was in my door pocket next to me.
     

    posse comatosis

    Hoo-ahh!
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    Sep 15, 2008
    1,475
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    Bayou Perdition
    Court appearances don't usually go very well for a defendant without a lawyer, and it doesn't sound like he had one retained. But let's hear it from the OP.

    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.

    That says simply you can transport a legally possessed firearm in a vehicle. The OP doesn't have a problem, except that he may not be properly represented.
     
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    silverG6coupe

    Member
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    May 10, 2009
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    How'd the Court Appearance go?

    Court went fine, both charges were dropped. The court was not the issue, it was the cop who slammed my gun on the roof of my car and lectured me on something he had no idea about. I am going to file a complaint against him early next week and I will let yall know how that goes. Thanks for all of you help!
     

    CZowner07

    XD>Glock but<CZ
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    1   0   0
    Nov 15, 2008
    1,571
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    Saint Martinville/Lafayette
    Court went fine, both charges were dropped. The court was not the issue, it was the cop who slammed my gun on the roof of my car and lectured me on something he had no idea about. I am going to file a complaint against him early next week and I will let yall know how that goes. Thanks for all of you help!

    Glad to hear both charges were dropped. What wwas the other charge besides the traffic violation?

    Glad to here some people are still standing up for their rights.
     

    Frnchyse

    Will work for ammo!
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    0   0   0
    Mar 23, 2009
    111
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    Metairie
    hey silverG6 the officers name wouldn't have been Legeaux or Lageaux something like that? I am in no way a cop hater, my father was a cop but I'm sorry Harahan cops are all dickheads who don't deserve having a badge, they think they know everything and treat people like ****.

    When I was in high school we always got pulled over by harahan cops and searched for drugs and of course they never found anything. Hell they even pulled us over because they said me and my friend, who were in the bed of a buddies truck, were whispering in the back. No we weren't pulled over for riding in the back of a truck or anything, for whispering, and the windows and the cruiser were rolled up so they obviously knew we were whispering. That ordeal had us taking our socks and shoes off during the search too.

    So sorry Harahan cops aren't cops nor do they deserve to be listed on the same page as cops. They are glorified security guards.
     

    jmknox

    Well-Known Member
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    3   0   0
    May 11, 2008
    114
    16
    Baton Rouge, LA
    One thing that I have learned over the years is that Police Officers do not realize that they are not lawyers or judges. No police officer should give legal advice, if they think something is illegal, it is their job to arrest or ticket you. Don't bother giving them legal advice either (unless you are a lawyer) because they will not listen to you and you are not qualified to provide legal advice either. If an officer infringes on your rights, there are thousands of lawyers that will happily drag the state to court to get you and them paid.

    On a somewhat separate note, It also pays to keep a video camera in the car for times when you are pulled over. If they video tape you (which they do), then you should video tape them. If they are rude, it can sometimes change their attitude if they know that you are recording the event.
     
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    W1nds0rF0x

    Snap, Crackle, Pop.
    Rating - 100%
    14   0   0
    Oct 8, 2007
    3,444
    36
    Baton Rouge
    Court went fine, both charges were dropped. The court was not the issue, it was the cop who slammed my gun on the roof of my car and lectured me on something he had no idea about. I am going to file a complaint against him early next week and I will let yall know how that goes. Thanks for all of you help!

    Slamming a heavy metal oject on the roof of my vehicle would be a serious no no as well, especially if it were my Glock.

    I reported a city COP once years ago for yelling and cursing at me while directing traffic on North Blvd. @ Foster Dr. to Internal affairs. And one who repeatedly stopped me on College Dr. for no apparent reason to a superior.
     
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    Yrdawg

    *Banned*
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    Sep 24, 2006
    8,386
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    Big Woods
    1. 14:95 does cover it. Read the whole thing "The following will not apply in" no where after that does it say on privtae property, in your home, in your car, etc." Now, It is highly unlikely you would be arrested, unless something else happened. Many argue that there is a presumption that you can on private property. There has not ben a case to test it yet.

    2. The school zone law only applies to school zone. TYou cannot use it to apply to other laws.

    3. Youare reading way too much into this. Furthermore, not everythuing is answered in statute law. Much is held in previous case law. Even more has yet to be tested, because each situation is looked t in the context of itself.

    4. Try the search function, we have talked about this before.




    Another example of where a quality CHp class help with general issues like this.


    Agreed, I would not mind having to pay more for a class to have it conducted by some with knowledge of laws and interpretations, I went to my first class and wouldn't turn in my app, I felt too ignorant of laws to carry. Went later to another given by a cop / JP who had better knowledge, then I sent app off and now have just filed first renewal

    I don't like the fact that such a high responsibility subject can be taught by some one with a NRA hunter safety course level of knowledge

    I get flamed for this but I'd favor more requirements and training to lift all restrictions from CHL
     

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