§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.
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.
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
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....?
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.
like when someone says clip and everyone jumps in swinging a baseball bat and slams them?
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.
Did your Instructor happen to put out what the Law is so you can read it? Who was your Instructor?
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.
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?