How far does "your car is an extension of your home" go?

[JBP55]

What several of us already said. 14:95.2 and 14:95.6

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

 

[Hitman]

and...

The relationship between defending ones self is clearly seen in 14:20
http://www.legis.state.la.us/lss/lss.asp?doc=78338

§20. Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense yata yata yata...............

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

see my point

and this is where the initial phrase was born. Like the Car Jacker Law (Phrase)

 

[oleheat]

Not sure if this helps with the "at work" question (or if it's been answered), but I'll chunk it in here, anyway.

The Law Explained. The Louisiana law, commonly referred to as the "Guns At Work" law, provides that any person who lawfully possesses a firearm may transport or store the firearm in a locked, privately-owned motor vehicle in any parking lot, parking garage, or other designated parking area. The law further provides that no property owner, tenant, or public or private employer shall prohibit a person from transporting or storing a firearm in this manner, although an employer may require that firearms stored in locked vehicles on employer-controlled property be hidden from plain view or within a locked case or container within the vehicle. Nothing in the statute restricts the employer's continued right to prohibit employees from carrying firearms into the actual workplace.

Not surprisingly, there are a number of statutory exceptions. The law does not apply to any parking area where the possession of firearms is otherwise prohibited under state or federal law, or to vehicles owned or leased by the employer and used by employees in the course of their employment. Moreover, if the vehicles are parked on employer-controlled property where access is limited (such as use of a fence, gate, or signage), the employer may prohibit the transportation or storage of firearms on such property if it either provides other facilities for the temporary storage of unloaded firearms or an alternative parking area reasonably close to the main parking area where such firearms may be stored in vehicles.

http://cykg.lawoffice.com/CM/Custom/Gunsatwork.asp

 

[Barney88PDC]

http://www.legis.state.la.us/lss/lss.asp?doc=630878

§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.

 

[mcinfantry]

Your car is not an extension of your home. I wonder why some of you love to vehemently defend this statement and point out clip/magazine or assault/semi auto?

And you've been here enough hitman to know the difference if ALL THREE

 

[Hitman]

Your car is not an extension of your home. I wonder why some of you love to vehemently defend this statement and point out clip/magazine or assault/semi auto?

And you've been here enough hitman to know the difference if ALL THREE

Yea but it makes sense when it comes to JH which is where the phrase was born from.

 

[Hitman]

BTW I don't use the phrase b/c there is simply no need to use it.

I just hate when folks use it in context to help people understand something and BOOM! someone swings in with a Baseball bat screaming it's not it's not it's not.

I do suppose it could/would be better to simply not use the phrase and teach it proper.


.....something is scratching in the back of my head like I've come to this conclusion before a few years ago......

aging....?

 

[Hitman]

Memory lane;


"Your vehicle is an extension of your home...."---NO IT IS NOT....
http://www.bayoushooter.com/forums/showthread.php?40010

BS HISTORY!!!Brannon L apologizes 2 DAWG23 and retracts interpretation of CHP in car
http://www.bayoushooter.com/forums/showthread.php?88246

Louisiana's Castle Doctrine
http://www.bayoushooter.com/forums/showthread.php?19927

From WDSU "extension of home"
http://www.bayoushooter.com/forums/showthread.php?55613

and now > http://www.bayoushooter.com/forums/showthread.php?105690



Man look at those low Topic ID #'s Bearco's Castle Doc. Topic is below 20,000.

That was exactly 85,783 Topics AGO!

 

[Guate_shooter]

nothing more than a "urban rumor" because we all know that a car is not an extension of your home, you have the ability of self protection or the protection of your loved ones within the vehicle though. You can keep a loaded firearm inside of it as well (check the links to the laws that pertain above, no point on posting them again)

Did your Instructor also said you should carry a .45 because bigger is better ???????

 

[mcinfantry]

BTW I don't use the phrase b/c there is simply no need to use it.

I just hate when folks use it in context to help people understand something and BOOM! someone swings in with a Baseball bat screaming it's not it's not it's not.

I do suppose it could/would be better to simply not use the phrase and teach it proper.


.....something is scratching in the back of my head like I've come to this conclusion before a few years ago......

aging....?

like when someone says clip and everyone jumps in swinging a baseball bat and slams them?

 

[Mac 1]

Man, this topic became as clear as mud....

 

[jmcrawf1]

You sure about that? It's ok on my companies property considering it's in my motor vehicle and most assuredly is protected if that parking lot is public access and not gated with guards right? as seen above?

Where did that 'In plain sight' phrase come from? is it in the Law?

It's not an urban myth b/c the phrase applies clearly when it comes to justifiable homicide does it not?

Don't confuse the issue with NON-firearm related topics like nudity/sex in your car etc. That's out of context with what we’re talking about.

If your employer was strolling through the parking lot and sees your gun in your car, you can be fired if he so deems it. You'd have no recourse. It's his property and I assume would have some sort of policy on not bringing guns onto the property. He obviously couldn't search your car to look unless you consented to it. But if it was in plain sight....

Also, cars have a COMPLETELY different set of parameters when it comes to search and seizure/4th amendment than a house. (When dealing with LE, not your boss obviously.)

I agree with Barney. The whole extension of your home thing is a dumb over-simplified saying that is just dangerous enough for someone to get hemmed up over.

In SOME aspects, a car is SIMILAR to your home AS IT RELATES to guns.

 

[Hitman]

like when someone says clip and everyone jumps in swinging a baseball bat and slams them?

Sort of. Guess I feel the need to sometimes

If your employer was strolling through the parking lot and sees your gun in your car, you can be fired if he so deems it. You'd have no recourse. It's his property and I assume would have some sort of policy on not bringing guns onto the property. He obviously couldn't search your car to look unless you consented to it. But if it was in plain sight....

Also, cars have a COMPLETELY different set of parameters when it comes to search and seizure/4th amendment than a house. (When dealing with LE, not your boss obviously.)

I agree with Barney. The whole extension of your home thing is a dumb over-simplified saying that is just dangerous enough for someone to get hemmed up over.

In SOME aspects, a car is SIMILAR to your home AS IT RELATES to guns.

Well put but is it not even more so when dealing with RS 14:20? as seen in Post #22?

 

[BeerManNOLA]

Did your Instructor happen to put out what the Law is so you can read it? Who was your Instructor?

He didn't quote that particular phrase, but in our discussions he was talking about it being legal to carry a firearm in your car, and how it was legal to do so on a college campus as long as the weapon did not leave the vehicle. I didn't specifically ask him about this issue at the time, we were talking about weapons on school grounds. And I didn't ask him the specific question I mentioned above.

Anyway, it was Mike Danna with La Concealed Carry. I really didn't expect this to move into a thread quoting legal rules / regulations. Oh well, naive me I suppose. Anyway I think I understand what I need to know to prevent a) being fired, or b) going to jail / ticket / police involvement / more hassle than just being fired.

Also, @Vigilante Sniper, what years were you at Motiva? I'm assuming this was the Norco facility and not Convent? I did some work out there in the mid 2000's (contractor).

 

[The OD]

Louisiana supreme court. State VS. Blanchard. 1979. your vehicle was ruled as an "extension" of your home and personal property. research it yourself. this set the precedence.

 

[geoney]

Louisiana supreme court. State VS. Blanchard. 1979. your vehicle was ruled as an "extension" of your home and personal property. research it yourself. this set the precedence.

Where is that stated in the supplied case? I could not find it.

Thanks

 

[mcinfantry]

Louisiana supreme court. State VS. Blanchard. 1979. your vehicle was ruled as an "extension" of your home and personal property. research it yourself. this set the precedence.

http://scholar.google.com/scholar_case?case=902844023528460694&hl=en&as_sdt=2&as_vis=1&oi=scholarr

I missed the
Vehicle is an extension of your home. Can you find it?

 

[geoney]

http://scholar.google.com/scholar_case?case=902844023528460694&hl=en&as_sdt=2&as_vis=1&oi=scholarr

I missed the
Vehicle is an extension of your home. Can you find it?

I might have been looking at the wrong case, but I looked here: http://www.lasc.org/opinions/2001/99k3439.opn.pdf


WOuld be helpful if The OD would supply a link to the case he is referencing.

 

[The OD]

Most people are unfamiliar with the laws pertaining to ownership of firearms. That lack of knowledge, coupled with the intimidation most people feel in any encounter with police, allows unscrupulous officers to make off with guns they cannot turn in to evidence. To do so would be falsifying evidence and injuring public records, a serious pair of charges to be lodged against any police officer.

Here’s a quick primer on carrying guns in vehicles in Louisiana: You may have a gun. You may carry it in your vehicle. You may have it concealed, in the open, on the dash, on the seat, under the seat, in the glove box or hanging from the rear-view mirror.

Possession of a gun in your vehicle is perfectly legal in Louisiana as the vehicle is considered an extension of your home (As it is worded in LRS 14:95.2: *Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.*)

Therefore, if stopped by a law-enforcement officer for a traffic violation, it is a good practice to tell him if you have a gun in the glove box on top of the papers he is requesting. If it is not in such an awkward place, where the cop might understandably get excited if he witnesses you fumbling around for records while putting your hands on a gun, you do not need to tell him of the gun — there is no violation of the law in having the gun in your car.

 

[The OD]

the case you pulled up was from 2001. I referenced the 1979 case that set the precedence.


STATE v. BLANCHARD
374 So.2d 1248 (1979)
Supreme Court of Louisiana.
September 4, 1979.

sorry on the iPad can't do a link.