Need some help with an argument ..

dantheman · Sep 14, 2017

Once again I have found myself embroiled in a " debate " with some guy that is throwing around the " your vehicle is an extension of your home " statement . I have always disagreed with this and have always asked for the other side to show me legal language to back up their position . So far I haven't gotten any . I understand that you enjoy most rights in your vehicle that you do at home but there are some limitations . Open container is the first one that comes to mind , but that's just an example . What about search and seizure ? Seems to work a little differently . So , am I wrong ? Any opinions ? Facts ?

jdavid1 · Sep 14, 2017

So you are asking me to show you legal terms that allow you to carry a gun in your vehicle? Here is a link to the LSP FAQ page regarding handguns in vehicles.

http://dpsweb.dps.louisiana.gov/lspfaqs.nsf/412899fe84d044dd862573130054df2a/bae8dff6087139478625747f00751252?OpenDocument

Here is a specific Louisiana statute regarding firearms in private motor vehicles.

http://legis.la.gov/Legis/Law.aspx?d=630878

tashle1 · Sep 14, 2017

LRS 32:292.1 gives you the right to transport legal firearms throughout louisiana, other than some designated areas. As far as other laws, yes there are more strict laws for vehicles ie open container. I believe what makes it easier to enact a search or seizure on a vehicle is "plain view doctrine". It simply is easier to look inside of a vehicle to see evidence of a crime or contraband. This of course would lead to a search or seizure of that vehicle, person, etc. I as far as I know plain view applies in the same manner to a home. If a crime is being commited or some sort of contraband is in plain view at a residence then the officer would be with in his means to seize that person or contraband.

charlie12 · Sep 14, 2017

I've never seen anyone come up with the written word but people sure do like to throw it out there. Most don't know a .22 from a M2

Blue Diamond · Sep 14, 2017

jdavid1 said:
So you are asking me to show you legal terms that allow you to carry a gun in your vehicle? Here is a link to the LSP FAQ page regarding handguns in vehicles.

http://dpsweb.dps.louisiana.gov/lspfaqs.nsf/412899fe84d044dd862573130054df2a/bae8dff6087139478625747f00751252?OpenDocument

Here is a specific Louisiana statute regarding firearms in private motor vehicles.

http://legis.la.gov/Legis/Law.aspx?d=630878

After reading the statutes you presented it appears they are covering firearms stored or enclosed in vehicles on public or private parking areas and not traveling around at will. If I am wrong I apoligize. I didnt see anything there regarding traveling on roadways.

jdavid1 · Sep 14, 2017

It does kind of read like that, but the main word here is transport.

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.

Blue Diamond · Sep 14, 2017

jdavid1 said:
It does kind of read like that, but the main word here is transport.

It says you can transport in any parking lot,garage or other designated parking area. Nothing about outside of these parking areas.

jdavid1 · Sep 14, 2017

Unless you have figured out a way to teleport how you think you are going to get to those parking spots?

rabiddawg · Sep 14, 2017

Blue Diamond said:
It says you can transport in any parking lot,garage or other designated parking area. Nothing about outside of these parking areas.

Then how do you get your vehicle to above mentioned sites.

Barney88PDC · Sep 14, 2017

Tell him to go ride around naked, it's your home right?

DBMJR1 · Sep 14, 2017

Ask him if he can drive his home away from a crime scene.

dantheman · Sep 14, 2017

I'm speaking in general terms , not just about guns . There are certain freedoms you enjoy in your home that are not allowed in your vehicle . Am I wrong ? Open container is one . Also , If you are arrested in your home , do the Police have a right to then search it for whatever they can find ? Yet , if you are arrested for DWI they will search your vehicle , right ? I'm just not buying into the " your vehicle is an extension of your home " thing . There appears to be limitations , or so it seems to me .

Gator 45/70 · Sep 14, 2017

I once heard that a on duty LEO could not carry his firearm in a certain unnamed hospital in Lafayette even if its an extension of his service equipment?

AustinBR · Sep 14, 2017

Gator 45/70 said:
I once heard that a on duty LEO could not carry his firearm in a certain unnamed hospital in Lafayette even if its an extension of his service equipment?

Well if he gets past all 14 levels of security without being detected, he is good to go. As long as he can find a way around the pressure sensors in the floor and the rotating teams of plainclothes and uniformed agents, he should be fine.

Firearmfanatic · Sep 14, 2017

Gator 45/70 said:
I once heard that a on duty LEO could not carry his firearm in a certain unnamed hospital in Lafayette even if its an extension of his service equipment?

AustinBR said:
Well if he gets past all 14 levels of security without being detected, he is good to go. As long as he can find a way around the pressure sensors in the floor and the rotating teams of plainclothes and uniformed agents, he should be fine.

Ha ha ha, very funny! You two kept up the BS. Especially the one of you that happens to be an administrator and should know better. :rolleyes:

AustinBR · Sep 14, 2017

Firearmfanatic said:
Ha ha ha, very funny! You two kept up the BS. Especially the one of you that happens to be an administrator and should know better.

Being told I know better coming from the guy who proclaims that hospitals have more security than Fort Knox and bails out when his argument is ripped apart...LOL.

Gator 45/70 · Sep 14, 2017

Firearmfanatic said:
Ha ha ha, very funny! You two kept up the BS. Especially the one of you that happens to be an administrator and should know better.

oppsImissed · Sep 14, 2017

I remember this debate coming up twice when I went to the Academy.
First was a woman who got a secondary infraction for driving barefoot. Basically her foot slipped off the brake and she ran into the back of a car at a red light. So failure to maintain control and driving barefoot. The barefoot driving got thrown out due to a car being an " Extension of you home"
Second was about when Louisiana first passed the open container law.
Certain law makers had an issue with the wording. You couldnt drink coffee or any other beverage cause it was in an open container. But it was thrown out due to a car being an "extension of your home"

We were to write a paper citing the statue that supported these.
No one ever found the statute, but we did find court proceedings where the term was used by the Judge.

Firearmfanatic · Sep 14, 2017

AustinBR said:
Being told I know better coming from the guy who proclaims that hospitals have more security than Fort Knox and bails out when his argument is ripped apart...LOL.

Please provide proof to me that I made such a statement of "hospitals have more security than Fort Knox". If you feel that you or this form are intitled to proof, then I expect the same in return. Feel free to post that proof here or pm it to me. I feel that I will be waiting a long time for that proof as you can not provide it unless you decide to be devious and post up false statements.

thperez1972 · Sep 14, 2017

dantheman said:
Once again I have found myself embroiled in a " debate " with some guy that is throwing around the " your vehicle is an extension of your home " statement . I have always disagreed with this and have always asked for the other side to show me legal language to back up their position . So far I haven't gotten any . I understand that you enjoy most rights in your vehicle that you do at home but there are some limitations . Open container is the first one that comes to mind , but that's just an example . What about search and seizure ? Seems to work a little differently . So , am I wrong ? Any opinions ? Facts ?

I do not know if there is a law specifically stating that but that is what is generally taught in some police academies. 14:95 states it is a crime to carry a concealed weapon on one's person. In 14:95.6, there is a list of exemptions regarding firearm free zones. One of the items listed is "Any constitutionally protected activity within the firearm-free zone, such as a firearm contained entirely within a motor vehicle." This seems to be the closest law I can find that lists having a firearm in a vehicle as explicitly legal.

Need some help with an argument ..

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