Carrying in Vehicle
- Thread starter TomTerrific
- Start date
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LongGoneDays
Mine. Not yours.
Well this has been an interesting read.
If that statement is true then you haven't arrested very many people.
posse comatosis
Hoo-ahh!
Who's Zoomin' Who--Aretha Franklin
Let me try to clear this up.
14:95 clearly does not exempt carry in your home or car.
From memory, in 1982 when I was studying criminal law in law school, the only issue with concealed carry was in public. I can't say for sure without researching it. People who have 'years of experience' may remember things the way they were taught, and things may have changed.
This is why an attorney almost never relies just on memory, but will do current research before rendering legal advice or preparing arguments. Part of this research is looking at how courts have previously interpreted the law, and thus there is more to the law than just reading the statutes.
And also, even after doing the research, reasonable minds often can and do disagree. That is why there is litigation, with attorneys on both sides arguing their point of view.
When I discuss a legal issue online, I try to give the best opinion I can based on a simple reading of the statute in question. I am giving my opinion, not legal advice. No attorney-client relationship exists. If you want a more definitive answer, then you will need to hire (and generally pay) an attorney to do the thorough research necessary to render an informed opinion. A good attorney will inform you of the issues and arguments on both sides of the issues. He cannot guarantee results.
14:95 clearly does not exempt carry in your home or car.
From memory, in 1982 when I was studying criminal law in law school, the only issue with concealed carry was in public. I can't say for sure without researching it. People who have 'years of experience' may remember things the way they were taught, and things may have changed.
This is why an attorney almost never relies just on memory, but will do current research before rendering legal advice or preparing arguments. Part of this research is looking at how courts have previously interpreted the law, and thus there is more to the law than just reading the statutes.
And also, even after doing the research, reasonable minds often can and do disagree. That is why there is litigation, with attorneys on both sides arguing their point of view.
When I discuss a legal issue online, I try to give the best opinion I can based on a simple reading of the statute in question. I am giving my opinion, not legal advice. No attorney-client relationship exists. If you want a more definitive answer, then you will need to hire (and generally pay) an attorney to do the thorough research necessary to render an informed opinion. A good attorney will inform you of the issues and arguments on both sides of the issues. He cannot guarantee results.
Nolacopusmc
*Banned*
BenCarp27
I feel like an old man...
Wow. This is interesting, albeit confusing.
I wouldn't worry about any of this, it is only a matter of time before the libs either outlaw guns altogether, or drive the ammunition prices so high that it would be cheaper to buy a new car than fire two shots to stop a carjacking.
I wouldn't worry about any of this, it is only a matter of time before the libs either outlaw guns altogether, or drive the ammunition prices so high that it would be cheaper to buy a new car than fire two shots to stop a carjacking.
Guate_shooter
LA CHP Instructor # 522
Ok, opinions on this please.
Someone please correct me if I'm wrong- because I'm operating strictly on memory.
The law states that you CAN have a firearm(s) in your vehicle on a college campus AS LONG AS IT IS CONTAINED ENTIRELY WITHIN THE VEHICLE, agreed? It states that this is constitutionally protected activity. They mention nothing about the gun having to be unloaded, or loaded magazines having to be removed, etc- and in my opinion- SHOULDN'T mention it....
The LA Dept of Wildlife & Fisheries now allows you to have guns in your vehicle- as long as the guns are unloaded, including not attaching loaded magazines to the weapon- which makes the weapon "loaded", according to them
. Isn't this really no different that the laws we all laugh at involving Washington DC and other areas that require storing guns and ammo separately? How are you expected to defend yourself with an unloaded weapon???
I commend the Dept's decisions involving POST-certified individuals & CHP holders, I really do. But if the ultimate goal really was giving people a better chance of defending themselves, why do they keep such rules in place?
I know. I need to ask them. Sorry for the rant, but what do you think??
Someone please correct me if I'm wrong- because I'm operating strictly on memory.
The law states that you CAN have a firearm(s) in your vehicle on a college campus AS LONG AS IT IS CONTAINED ENTIRELY WITHIN THE VEHICLE, agreed? It states that this is constitutionally protected activity. They mention nothing about the gun having to be unloaded, or loaded magazines having to be removed, etc- and in my opinion- SHOULDN'T mention it....
The LA Dept of Wildlife & Fisheries now allows you to have guns in your vehicle- as long as the guns are unloaded, including not attaching loaded magazines to the weapon- which makes the weapon "loaded", according to them
. Isn't this really no different that the laws we all laugh at involving Washington DC and other areas that require storing guns and ammo separately? How are you expected to defend yourself with an unloaded weapon??? I commend the Dept's decisions involving POST-certified individuals & CHP holders, I really do. But if the ultimate goal really was giving people a better chance of defending themselves, why do they keep such rules in place?
I know. I need to ask them. Sorry for the rant, but what do you think??
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Guate_shooter
LA CHP Instructor # 522
The reasoning behind most of what you mentioned actually comes from the Safety Standards from the NRA Book, the main words that you will find in most of those rules or laws will be "unloaded" and "secured"
Are they practical ?????? You, me and many others now that its absurd but most Politicians are not and will never be shooters so they follow the advise that gives them the least liability and chances of getting into a law suit, at the same time it is part of the responsability that we all take as gun owners to face the consequences of our acts.
And that is why many states have criminal negligence laws that can be applied to gun owners who do not take reasonable precautions in storing firearms and ammunition, the main goal is to prevent an accidental shooting against a child or untrained person, as well as preventing criminals from heaving access to the firearm and then using it as a tool in a crime.
Are they practical ?????? You, me and many others now that its absurd but most Politicians are not and will never be shooters so they follow the advise that gives them the least liability and chances of getting into a law suit, at the same time it is part of the responsability that we all take as gun owners to face the consequences of our acts.
And that is why many states have criminal negligence laws that can be applied to gun owners who do not take reasonable precautions in storing firearms and ammunition, the main goal is to prevent an accidental shooting against a child or untrained person, as well as preventing criminals from heaving access to the firearm and then using it as a tool in a crime.
But would liability really be the reason for them leaving the "unloaded weapon" rules in place on a WMA? I mean, after all, literally thousands of people walk around with loaded weapons during hunting season on these lands anyway. I just don't see where having a loaded weapon in your truck would make that big a difference.
I'm sure it somehow comes back to the issue of some jackass shooting from a vehicle, or something of that nature. Perhaps another case of the good having to suffer for the bad in society....
Guate_shooter
LA CHP Instructor # 522
Does LRS 14:94 sound about what you talking about? Section E
Nolacopusmc
*Banned*
But would liability really be the reason for them leaving the "unloaded weapon" rules in place on a WMA? I mean, after all, literally thousands of people walk around with loaded weapons during hunting season on these lands anyway. I just don't see where having a loaded weapon in your truck would make that big a difference.
I'm sure it somehow comes back to the issue of some jackass shooting from a vehicle, or something of that nature. Perhaps another case of the good having to suffer for the bad in society....
Not up to speed on LDWF laws, but this sounds like a winner.
Well, kinda sorta. In the eyes of the LDWF, I'm sure they'd likely use the arguement about people shooting at wildlife from vehicles on WMAs- which some will do anyway regardless of any law that says they can't.
IIRC, in a past interview, a member of LDWF enforcement used that arguement to justify prohibiting CHP holders from carrying on WMAs, saying that people were shooting alligators while fishing.
People who pull that kind of crap blanket-label the rest of us as irresponsible morons who can't be trusted. An ass-kicking would be in order....
Nolacopusmc
*Banned*
Well, kinda sorta. In the eyes of the LDWF, I'm sure they'd likely use the arguement about people shooting at wildlife from vehicles on WMAs- which some will do anyway regardless of any law that says they can't.
IIRC, in a past interview, a member of LDWF enforcement used that arguement to justify prohibiting CHP holders from carrying on WMAs, saying that people were shooting alligators while fishing.
Yep, like people who shoot at rod signs.
Guate_shooter
LA CHP Instructor # 522
Fixed it for you brother, and thats a good one that I never understood.
90% of the time is bright,yellow and about 2' x 2' so not like its hard to see it to hit it, and they have houses sometimes behind them.
Another one to the list of ass whooping.
Bingo.
Anyway, I plan on testing the CHP law this weekend at Red River WMA. I was told by an enforcement Capt. out of Alexandria that everyone has "gotten the word" about the CHP / POST rule changes.
If I run into any agents while there, I'll let you all know how things turn out- providing I don't wind up in the slammer.
Guate_shooter
LA CHP Instructor # 522
Bingo.
Anyway, I plan on testing the CHP law this weekend at Red River WMA. I was told by an enforcement Capt. out of Alexandria that everyone has "gotten the word" about the CHP / POST rule changes.
If I run into any agents while there, I'll let you all know how things turn out- providing I don't wind up in the slammer.
You gonna you tube it????????? Just so we can share the experience 2 u know
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