concealed carry at work

[LACamper]

OC is legal for a business owner, not CC, without a permit.
I don't remember his last name, but Ernie owned the True Value hardware just off Read and Chef in NO East for as long as I can remember (and I think he still does). He always open carried a .38 snub in a holster on his hip. One day back around 1990 or so someone tried to hold up the store. The cashier hit the panic button, he came out the back and dropped to one knee. He fired a single round from the length of the store (35 feet?) and hit the perp in the face, killing him. No repercussions. Tough shot too.

As far as CCW, I don't remember your place of employment being even mentioned in the CCW rules. I would think the boss' permission would be needed to keep your job if it came out, but not to make it legal. On the other hand, don't ask/don't tell might be something to consider. After you shoot the robber, just say I didn't know it was against policy and offer to keep it in the car, cause we'll never get robbed... and that security system worked sooo well at keeping them out. Now if you klutz and it shows, then you've got problems.
If you do get fired for carrying at work, think of the number of pro-2A guys that would hire you just based on that!

 

[dawg23]

Being on your private property does not convey, by itself, a right to do something that is otherwise illegal. There is nothing in the law that makes an exception to the illegal carrying of weapons statute for business owners or home owners.

Except maybe the Second Amendment to the Constitution ??

 

[Born4spd]

Except maybe the Second Amendment to the Constitution ??

Those in power dont care about that anymore, and only mention when trying to push their own agenda.

Thats The Problem WE are supposed to fix.

 

[Morgan Allison]

Except maybe the Second Amendment to the Constitution ??

Well, that covers the right to bear arms, not to conceal them.

Hey, look, I agree with you guys that you should be free to CC on your own property. That's just not what the law actually says, unfortunately.

 

[dawg23]

Well, that covers the right to bear arms, not to conceal them.

Hey, look, I agree with you guys that you should be free to CC on your own property. That's just not what the law actually says, unfortunately.

Please excuse my lack of education and lack of intelligence. But where, exactly, have you posted a reference to a law that says I cannot carry concealed in my home. (On April 8 at 10:26 p.m. you posted your opinion that this is illegal.)

Please ignore the "vehicle" issue for now -- we don't really need another 25 pages on this topic -- we'll wait for the AG's office to respond to that one. Just share with us the basis for your previously posted opinion that it's illegal to carry concealed in one's home.

 

[smith625]

Why would you carry concealed in your house, i have the permit but i carry open on my property. Leo comes to your property you have to disclose concealment amyway right?

 

[dawg23]

Why would you carry concealed in your house, i have the permit but i carry open on my property. Leo comes to your property you have to disclose concealment amyway right?

I really don't see how your question is at all relevant to the legality (or illegality) of doing so.

 

[IonicDOG]

Correct me if i'm wrong, but in louisiana if there's no law prohibiting an act, than that act can't be deemed illegal. This is taken from the LA state law page on bs.com regarding open carry.

Open carry

It is lawful to carry a firearm provided it is not concealed. A firearm in a holster is not concealed. It is lawful to carry a handgun in the glove compartment of a motor vehicle. The law makes no exception for carrying a firearm concealed "on one's person" even in the home.

 

[Morgan Allison]

Please excuse my lack of education and lack of intelligence. But where, exactly, have you posted a reference to a law that says I cannot carry concealed in my home. (On April 8 at 10:26 p.m. you posted your opinion that this is illegal.)

I certainly didn't mean to impugn your intelligence. In fact, before I looked it up out of my own curiosity shortly before posting, I would have guessed that CC at home would be perfectly legal, too. It surely seems like it should be.

My original reference was to La. R.S. 14:95. It does not give any exception for the home or private property, nor does any other statute I could find give any exception. I based my original opinion based on that. My reasoning was that just being on your own property doesn't, by itself, make an otherwise illegal action legal unless there is some exception in the law somewhere.

While 14:95 doesn't specifically say CC is illegal at home, other criminal statutes do not specifically say their activities are illegal in the home either. Many of them, I think, we would all agree are illegal at home, such as drug use, prostitution, etc. My reasoning may have been faulty, but it seems I did happen to reach the right conclusion.

I didn't think there would be any case law on point, and I didn't look for it. But, in knocking around checking out case law for unrelated reasons, I came across the Louisiana Supreme Court case I cited earlier which further confirms that CC at home is not legal. State v. Snoddy, 389 So.2d 377 (La., 1980). In that case, the Court was faced with a guy who got arrested and convicted of CC on his own property.

They overturned the conviction, but did so based on a bad search. It seems that if CC were legal at home, either there would not have been a conviction in the first place, or the SC would have addressed that instead of the bad search. That would be an even clearer question than whether the search was bad, given there was a dissenting opinion about the search.

There was also a concurring opinion by Justice Lemmon in which he parenthetically suggests that 14:95 maybe shouldn't apply to private property, but he isn't sure. Rather, he'd overturn the conviction by finding a justification defense because the defendant was investigating a strange noise. If anyone thought that 14:95 definitely didn't apply to one's own property, I would think it would have been this Justice.

So, I still have the opinion that CC is only legal at home if it is legal for you elsewhere. A stupid law? Yes. But, it seems to be the law as far as I can tell.

 

[mr.z28]

if i have a chp y would i have to tell my boss?...when i walk into walmart, do i have to ask permission first to carry concealed?...does employment at a job mean i have to ask permission?...someone inform me...

 

[Nolacopusmc]

I certainly didn't mean to impugn your intelligence. In fact, before I looked it up out of my own curiosity shortly before posting, I would have guessed that CC at home would be perfectly legal, too. It surely seems like it should be.

My original reference was to La. R.S. 14:95. It does not give any exception for the home or private property, nor does any other statute I could find give any exception. I based my original opinion based on that. My reasoning was that just being on your own property doesn't, by itself, make an otherwise illegal action legal unless there is some exception in the law somewhere.

While 14:95 doesn't specifically say CC is illegal at home, other criminal statutes do not specifically say their activities are illegal in the home either. Many of them, I think, we would all agree are illegal at home, such as drug use, prostitution, etc. My reasoning may have been faulty, but it seems I did happen to reach the right conclusion.

I didn't think there would be any case law on point, and I didn't look for it. But, in knocking around checking out case law for unrelated reasons, I came across the Louisiana Supreme Court case I cited earlier which further confirms that CC at home is not legal. State v. Snoddy, 389 So.2d 377 (La., 1980). In that case, the Court was faced with a guy who got arrested and convicted of CC on his own property.

They overturned the conviction, but did so based on a bad search. It seems that if CC were legal at home, either there would not have been a conviction in the first place, or the SC would have addressed that instead of the bad search. That would be an even clearer question than whether the search was bad, given there was a dissenting opinion about the search.

There was also a concurring opinion by Justice Lemmon in which he parenthetically suggests that 14:95 maybe shouldn't apply to private property, but he isn't sure. Rather, he'd overturn the conviction by finding a justification defense because the defendant was investigating a strange noise. If anyone thought that 14:95 definitely didn't apply to one's own property, I would think it would have been this Justice.

So, I still have the opinion that CC is only legal at home if it is legal for you elsewhere. A stupid law? Yes. But, it seems to be the law as far as I can tell.

As much as i hate to admit it, Mr. Allison is correct. 14:95 says, "concealed on person" and then lists exceptions. WHile it obviously should be, private property is not listed as an exception.

Now that said, you would be hard p[ressed to ever see someone first arrested, and then convicted of that alone in this state given our domicile territorial norms, but it could happen. More than likely, someone arrested for something else, like domestic abuse or loud music or something would also incur that when searched incident to the original arrest. Even then, it will almost never happen.

 

[BRLAShooter]

if i have a chp y would i have to tell my boss?...when i walk into walmart, do i have to ask permission first to carry concealed?...does employment at a job mean i have to ask permission?...someone inform me...

MOST of the time, when you get hired on, they have rules about weapons/firearms on the job. My suggestion would be to look in the rule book for your job. IF there's nothing in the rulebook about not bringing a weapon with you to work, then I'd just conceal and keep quiet about it.

 

[Nolacopusmc]

Why would you carry concealed in your house, i have the permit but i carry open on my property. Leo comes to your property you have to disclose concealment amyway right?

You would have to disclose if carrying under the auspice of your CHP

 

[Kraut]

Do you work for an Alcoholic Beverage Outlet?

§95.5. Possession of firearm on premises of alcoholic beverage outlet

A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

B. "Alcoholic beverage outlet" as used herein means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Acts 1985, No. 765, §1.

I can't remember, and will have to dig deeper, but I thought there was part of one statute that referenced the carrying of a firearm to and from the premises of a business, such as when leaving at night with deposits or opening early in the morning.

 

[Hitman]

MOST of the time, when you get hired on, they have rules about weapons/firearms on the job. My suggestion would be to look in the rule book for your job. IF there's nothing in the rulebook about not bringing a weapon with you to work, then I'd just conceal and keep quiet about it.

THIS^

Check the fine printyou signed. I guarantee Wal-Mart has a policy against carrying any type of weapon on your person except for the box cutter they give you.

Let us know what you find.

 

[dantheman]

You would have to disclose if carrying under the auspice of your CHP

Only if the LEO makes contact with YOU , correct ? If I'm sitting at a friends house , watching a ball game , and LEO comes to the door because a neighbor complained about parking issues or some such , as long as I'm not the one dealing with the LEO , the gun is a non issue . Correct ?

 

[mr.z28]

i didnt have to sign anything when i started working here minus the app which def didnt say anything about firearms in the building...im a "student worker" at a doctors office...def no alcohol served here...

also: u know how doctors office' have emergency response code signs...ours does have hostage/weapon/violence listed on it(code white with a big ol' revolver as its icon)...not sure if that would fall under a "no gun" sign but i could just see administration saying "well u knew guns werent allowed from the emergency signs"...although i dont feel a great need to carry at work, i do know we've had a couple instances were one of our nurses' ex was making threats to harm her while she was at work...added to that, the sherrifs that are supposed to be on duty throughout the building often times stay in their car in the parking lot smoking in the back corner with the exception of 2...they work shifts so that still leaves a window of opportunity...like i said im dont feel like im in danger at work, just want a few opinions...i dont see a need to tell my boss...

 

[Nolacopusmc]

Only if the LEO makes contact with YOU , correct ? If I'm sitting at a friends house , watching a ball game , and LEO comes to the door because a neighbor complained about parking issues or some such , as long as I'm not the one dealing with the LEO , the gun is a non issue . Correct ?

TECHNICALLY YES, BUT AS SOON as he interacts with you, I would let him know. Also, if you were a passenger in a car stopped for say speeding, i would still let him know if he ever engages you also.

 

[Gus McCrae]

MOST of the time, when you get hired on, they have rules about weapons/firearms on the job. My suggestion would be to look in the rule book for your job. IF there's nothing in the rulebook about not bringing a weapon with you to work, then I'd just conceal and keep quiet about it.

Provided there isn't another law against carrying at where you work, I'd think this to be correct. Include a sign for customers here too.

 

[bkpkr1107]

i work for a warehouse that operates 24 hours a day located in port allen. here is what the employee handbook says:

"Possessing or using any kind of weapon, explosive or other dangerous implement while on Company premises or while performing duties for the Company, whether or not it is armed, loaded, or properly secured or whether or not it is concealed on an employee's person or contained in an employee's personal property such as a vehicle, breifcase, or purse, unless permitted by law and then only to the extent that law permits."

i have asked previously if a firearm in the vehicle was ok and the general manager said yes. i was going to run this past my attorney but he is on vaction. what do you guys think?