Concealed Carry Hypothetical Question

geoney · Feb 6, 2013

Let's assume I do not have a CHP.

If I wake in the morning, conceal my firearm on me in my home, walk into my garage on my private property, drive to my business that I own, park on my own property, and then continue to conceal in my business, have I broken any laws?

I never left my private property or my car.

Thanks

G

Suburbazine · Feb 6, 2013

Yes. You concealed carry in your car on a public roadway. That is illegal.

geoney · Feb 6, 2013

OK.

I thought you could carry in your car?

jmcrawf1 · Feb 6, 2013

I'm failing to see the "at your home" exception in LRS 14:95.

GunAddict · Feb 6, 2013

Here is a paragraph from what the law was as of 1995 right before our ccw law was passed. I don't know if anything has changed for anyone without a permit, but I remember my instructor telling me that you could not conceal even in your own home without the permit.

CARRYING

"Illegal carrying of a weapon is: (1) The intentional
concealment of any firearm ... on one's person; or (2) The
ownership, possession, custody or use of any firearm . . . at any
time by an enemy alien . . ."
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.

Hattrick 22 · Feb 6, 2013

Didn't realize you couldn't carry concealed at home.

I was when I was hanging up Christmas lights I'm happy I did even after that guy was brought inside his home and robbed at gun point this past season..

jmcrawf1 · Feb 6, 2013

Hattrick 22 said:
Didn't realize you couldn't carry concealed at home.

I was when I was hanging up Christmas lights I'm happy I did even after that guy was brought inside his home and robbed at gun point this past season..

You can't carry concealed anywhere unless you are A) POST certified, commissioned with arrest powers and have credentials on you or B) possess a CHL.

GunAddict · Feb 6, 2013

jmcrawf1 said:
You can't carry concealed anywhere unless you are A) POST certified, commissioned with arrest powers and have credentials on you or B) possess a CHL.

Jmcrawf1, did anything ever come out of the discussion that was on here sometime back about the conceal carry in your car. I know it was being talked about with some saying it is legal because of the privacy part, like your home and if stopped and had to get out of car you would then be in violation of the law. IMO, saying you can't ccw in your own home is a blatant violation of my right of self defense. Although I have had my ccw for 17 years now give or take a few months, I feel anyone should be able to in their own home. I know for your car the term loosely used, extension of home, was used in the context of the discussion that took place. And I know that phrase is no where to be found in the written law. But everyone knows the phrase.

jmcrawf1 · Feb 6, 2013

GunAddict said:
Jmcrawf1, did anything ever come out of the discussion that was on here sometime back about the conceal carry in your car. I know it was being talked about with some saying it is legal because of the privacy part, like your home and if stopped and had to get out of car you would then be in violation of the law. IMO, saying you can't ccw in your own home is a blatant violation of my right of self defense. Although I have had my ccw for 17 years now give or take a few months, I feel anyone should be able to in their own home. I know for your car the term loosely used, extension of home, was used in the context of the discussion that took place. And I know that phrase is no where to be found in the written law. But everyone knows the phrase.

Hmm...I don't remember that one.

The state of Louisiana constitution recognizes the right to keep and bear arms but makes the distinction that it doesn't limit the state from passing laws on concealing firearms (paraphrase?). As such, in LA, concealing firearms isn't a "constitutionally protected activity". I agree with you; I think it should be, but nonetheless, if you conceal a gun in your house or car, you are subject to arrest. It's a misdemeanor arrest so by law, the arrest is up to the discretion of the officer.

Now if the gun is in your car and not concealed on your person, then it's constitutionally protected ie driving on campus or through a school zone. Confused yet?

Your vehicle is an extension of your home in some ways, and in some ways it is not.

Mayonnaise · Feb 6, 2013

I didn't think you needed to permit to carry concealed in your own house or place of business. I own my own business and a home, I can't find anything saying I can't carry however I want in buildings that I own.

GunAddict · Feb 6, 2013

That's just it, according to the law as of 1995, that I posted above, you have to have a permit even for inside your own home. I have not seen where the law has changed for that except for providing a way around it with the ccw law enacted in 1996. But the thread on here some time back had some on here saying it was legal to ccw without a permit as long as you remained in your vehicle. And the question they had was what would happen if stopped and the officer said to get out. He would be making you violate the law because you were ccw. I can't remember how long ago it was but I think is was within the past 2 years that it was on here.

Mayonnaise · Feb 6, 2013

Except what you posted has nothing to do with in your home/car/business. Carrying a loaded gun in a purse is concealed if you're carrying the bag around the mall, but walking from your car to your home it is not concealed. Once you are in your home it is absolutely NOT concealed.

GunAddict · Feb 6, 2013

"Carrying a loaded gun in a purse is concealed if you're carrying the bag around the mall, but walking from your car to your home it is not concealed."

Concealed is concealed whether in your home, car, or going to and from. Open carry is legal, but if in a purse it is concealed even walking to your car coming out of your house. Which is illegal without the permit.

Mayonnaise · Feb 6, 2013

GunAddict said:
"Carrying a loaded gun in a purse is concealed if you're carrying the bag around the mall, but walking from your car to your home it is not concealed."

Concealed is concealed whether in your home, car, or going to and from. Open carry is legal, but if in a purse it is concealed even walking to your car coming out of your house. Which is illegal without the permit.

So is your range bag concealed when its sitting in your closet? Rifle case? Gun safe? Are all your guns openly displayed? I fail to see where you draw the line.

GunAddict · Feb 6, 2013

Mayonnaise said:
So is your range bag concealed when its sitting in your closet? Rifle case? Gun safe? Are all your guns openly displayed? I fail to see where you draw the line.

I think wires are getting crossed here. This thread and I are talking about concealed on person, or anything related to on your person and person only. The purse definitely would not be illegal in your home, but a gun concealed on your person is by law, unless has changed since 1995. Now if you pick the purse up with the gun inside and head out the door, well that's a gray area, but once out the door you would need the permit. Same as in your car, you can have you gun anywhere you want it, except on your person, unless with permit. As I said, a previous thread was debating the ccw on your person in a vehicle without a permit just as you home too. Legal wise, all i know is what the law stated that it makes no exception for concealment even inside the home.
Now, as for me, I don't have a line. If it were up to me the gun laws enacted in 1934, 1968, and 1986 would be out the window and totally erased from existence. You would be hard pressed to find anyone as hard core 2nd Amendment as I am.

jmcrawf1 · Feb 6, 2013

Mayonnaise said:
I didn't think you needed to permit to carry concealed in your own house or place of business. I own my own business and a home, I can't find anything saying I can't carry however I want in buildings that I own.

Once again, lrs 14:95 says you can't do it. Where is there an exception to "in my home, business, car, etc?" There are plenty of exceptions under that statute. On your property is not one of them. Just because you wish it so, doesn't make it so.

XD-GEM · Feb 6, 2013

jmcrawf1 said:
Hmm...I don't remember that one.

The state of Louisiana constitution recognizes the right to keep and bear arms but makes the distinction that it doesn't limit the state from passing laws on concealing firearms (paraphrase?). As such, in LA, concealing firearms isn't a "constitutionally protected activity". I agree with you; I think it should be, but nonetheless, if you conceal a gun in your house or car, you are subject to arrest. It's a misdemeanor arrest so by law, the arrest is up to the discretion of the officer.

Now if the gun is in your car and not concealed on your person, then it's constitutionally protected ie driving on campus or through a school zone. Confused yet? Your vehicle is an extension of your home in some ways, and in some ways it is not.

Your paraphrase of the Louisiana Constitution regarding firearms was the old Article 1, Section 11 that was just amended. The new version is quite different and does not expressly grant the legislature permission to regulate concealed carry; however, it would allow such laws as could pass "strict scrutiny" in a court challenge.

Of course, the laws themselves are still confusing, as you noted.

Mayonnaise · Feb 6, 2013

jmcrawf1 said:
Once again, lrs 14:95 says you can't do it. Where is there an exception to "in my home, business, car, etc?" There are plenty of exceptions under that statute. On your property is not one of them. Just because you wish it so, doesn't make it so.

14.95 also makes no exception for people with a permit.

jmcrawf1 · Feb 6, 2013

XD-GEM said:
Your paraphrase of the Louisiana Constitution regarding firearms was the old Article 1, Section 11 that was just amended. The new version is quite different and does not expressly grant the legislature permission to regulate concealed carry; however, it would allow such laws as could pass "strict scrutiny" in a court challenge.

Of course, the laws themselves are still confusing, as you noted.

Roger that. You're right, I forgot about that. Although on the LSP website, LSP states that the strict scrunity thing doesn't affect concealed carry laws. You know as well as I know that somebody has to be the guinea pig to go before the courts to get it changed. Sucks, I know, but it seems we are still operating on the "old system".

charlie12 · Feb 6, 2013

Concealed Carry Hypothetical Question

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