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

[geoney]

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

Could you please provide a direct link which contains the words" extension of home"? That would really be helpful. Thanks

 

[mcinfantry]

Actually you can carry a gun in your car because there is no law prohibiting it. It is not granted in the constitution. it is not prohibited.

But carry on.

 

[Hitman]

Not seeing it;

http://scholar.google.com/scholar_c...State+v.+Blanchard&hl=en&as_sdt=2,19&as_vis=1

 

[charlie12]

Actually you can carry a gun in your car because there is no law prohibiting it. It is not granted in the constitution. it is not prohibited.

But carry on.

Bingo

 

[Hattrick 22]

I don't know all of the details but a couple months back an employee for marathon told me they were checking cars and if they found anything you were gone. I just texted him so hopefully he has more to mention about it. It doesn't seem legal but I don't know if the rules are the same for oil refineries. He may be full of it but it did get my attention.

Got in touch with said friend and at Marathon you cannot have a weapon on the property (even in your vehicle). They don't want any firearms on premises and since they are employed there they must comply.

 

[SpeedRacer]

What if I lived in an RV?




Ya know I said it as a joke, but now I'm kind of curious.

 

[alpinehyperlite]

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.

You cannot have it concealed on your person unless you have your CHP. Even in your vehicle.

 

[charlie12]

Got in touch with said friend and at Marathon you cannot have a weapon on the property (even in your vehicle). They don't want any firearms on premises and since they are employed there they must comply.

RS 32:292.1

§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.

 

[charlie12]

This is what LSP has on the CHP site in the FAQ

Q. Can I carry my handgun in my vehicle?

A. Under most circumstances, carrying a handgun in a motor vehicle is legal in Louisiana. We suggest that you refer to Louisiana Revised Statutes (L.R.S.) Title 14 Sections 95; 95.1; 95.2; 95.6; 95.7; 95.8. Information on these statutes can be obtained at http://www.legis.state.la.us or in the *Laws and Rules* section of our web page (http://www.lsp.org/handguns.html).


So what circumstances could you NOT have your handgun in your home?

 

[Hitman]

You cannot have it concealed on your person unless you have your CHP. Even in your vehicle.

You sure?
http://www.bayoushooter.com/forums/showthread.php?88246

Which began Here;
http://www.bayoushooter.com/forums/showthread.php?40010

This is what LSP has on the CHP site in the FAQ

Q. Can I carry my handgun in my vehicle?

A. Under most circumstances, carrying a handgun in a motor vehicle is legal in Louisiana. We suggest that you refer to Louisiana Revised Statutes (L.R.S.) Title 14 Sections 95; 95.1; 95.2; 95.6; 95.7; 95.8. Information on these statutes can be obtained at http://www.legis.state.la.us or in the *Laws and Rules* section of our web page (http://www.lsp.org/handguns.html).


So what circumstances could you NOT have your handgun in your home?

Think they were including Felon status?

 

[The OD]

The phrase "Extension of your home" was originally used in the Louisiana supreme courts notes to explain the
decision in State VS. Blanchard 1979 and has been used may times over the years to explain multiple laws.

The sponsor of the *Kill the Carjacker* statute, State Representative Emile *Peppi* Bruneau, expanded the statute to permit the use of deadly force against carjackers because, considering the amount of time that people spend in their automobiles, the vehicle is an extension of the home.49 According to Representative Bruneau, the purpose of the statute is two-fold: first, to act as a deterrent to carjackers; and, second, to allow victims to defend themselves.50
46. See LA. REV. STAT. ANN. § 14:20(4) (West 1997). Justifiable homicide in cases of resisting dispossession of a dwelling found support in the 1924 English case Rex v. Hussey, 18 Crim. App. 160 (1924). Similarly, support for this proposition is found in the United States in the Model Penal Code. MODEL PENAL CODE § 3.06(3)(d)(i) (1985). It provides, *[t]he use of deadly force is not justifiable under this Section unless the actor believes that the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession.* Id.
47. See LA. REV. STAT. ANN. § 14:20(3) (West 1997).
48. See id. § 14:20(4). Section 4 of the *Kill the Burglar* statute read as follows:
A homicide is justifiable when committed by a person lawfully inside a dwelling or a place of business, against a person who is attempting to make an unlawful entry into the dwelling or place of business, or who has made an unlawful entry into the dwelling or place of business, 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. The homicide shall be justifiable even though the person committing the homicide does not retreat from the encounter.
Id. (emphasis added).
49. See Recently Passed, supra note 5; and LA. REV. STAT. ANN. § 14:20(3)-(4) (West
1998).
50. See id. Louisiana Governor Mike Foster commended the legislation, stating:
In Louisiana, if you break into somebody’s home, it’s too bad. . . . You’re not going to go before a grand jury if you dispense with somebody who breaks into your home. . . . If you’re involved in an armed carjacking, the same thing happens. . . . You are in trouble in Louisiana and you may be dispensed with.

This is a link to an article that was actually written by a liberal Anti that has some good references.

http://law.wustl.edu/journal/55/109.pdf

 

[mcinfantry]

what are you talking about? you are quoting a summary of the carjacking law where someone possibly quotes a legislator using the phrase. still not a cited source in our constitution or revised statutes.

the fact that *Kill the Carjacker* had to be added to the LAW for a justifiable homicide defense absolutely backs my position that its not "and extension of your home". if it was an "extension of your home" why enumerate it as a separate condition in 1997? after all you keep quoting 1979

your turn.

 

[Vigilante Sniper]

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).

1980-2009 at Convent

 

[Vigilante Sniper]

Vigilante Sniper

My brother works at the Norco site. I think he and I may have talked about you before. If you know him, we share the same nickname which is also my user name.

I know Motiva did make there own rules that have to be followed. His truck doesnt have a locking glove box so he had to purchase a small lock-box that is cabled to his seat.

I worked at Convent, my brother is electrician at Norco. I'm usually at Nicks on my days off so I may have seen you there.

 

[Hitman]

Well I've never argued that the phrase "Your motor vehicle is an extension of your home" is in fact "THE LAW".

Only that the phrase is used in essence of justifiable homicide in order to understand and comprehend how you are covered by RS 14:20 if you find yourself in such a situation. Which is WHERE and WHY the phrase came about. - context

So you will NEVER find it in 'The Law' b/c once again, it's not a LAW. It's just merely a phrase that does indeed get abused and one that if I were a CHP Instructor would not formally use in my class. That I won't argue with.


From what the OD has posted here is the excerpt(we should note that this writer isn't the ONLY person to use that phrase, during this time of passing the phrase was used quite often to DESCRIBE the essence of the LAW that was being written.

The sponsor of the “Kill the Carjacker” statute, State
Representative Emile “Peppi” Bruneau, expanded the statute to permit
the use of deadly force against carjackers because, considering the
amount of time that people spend in their automobiles, the vehicle is
an extension of the home.49 According to Representative Bruneau, the
purpose of the statute is two-fold: first, to act as a deterrent to
carjackers; and, second, to allow victims to defend themselves.50

See the ref.;
49. See Recently Passed, supra note 5; and LA. REV. STAT. ANN. § 14:20(3)-(4)
*What does 3 & 4 state? We covered that earlier*

§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.

50. See id. Louisiana Governor Mike Foster commended the legislation, stating:

In Louisiana, if you break into somebody’s home, it’s too bad. . . . You’re not going to go
before a grand jury if you dispense with somebody who breaks into your home. . . . If
you’re involved in an armed carjacking, the same thing happens. . . . You are in trouble in
Louisiana and you may be dispensed with.

So can we please stop asking where the 'Phrase' is found in LA Law? It's not LAW, it's a phrase that when used in proper context(WHICH IS VITAL) it is a phrase that can be used accurately.

Taking it out of context and then arguing from that(The naked in your car argument) is to commit THIS! No need to go there.


ANYONE catching my drift?

Freaking coffee got cold typing this, will be back soon.

 

[oleheat]

Well I've never argued that the phrase "Your motor vehicle is an extension of your home" is in fact "THE LAW".

Only that the phrase is used in essence of justifiable homicide in order to understand and comprehend how you are covered by RS 14:20 if you find yourself in such a situation. Which is WHERE and WHY the phrase came about. - context

So you will NEVER find it in 'The Law' b/c once again, it's not a LAW. It's just merely a phrase that does indeed get abused and one that if I were a CHP Instructor would not formally use in my class. That I won't argue with.


From what the OD has posted here is the excerpt(we should note that this writer isn't the ONLY person to use that phrase, during this time of passing the phrase was used quite often to DESCRIBE the essence of the LAW that was being written.




So can we please stop asking where the 'Phrase' is found in LA Law? It's not LAW, it's a phrase that when used in proper context(WHICH IS VITAL) it is a phrase that can be used accurately.

Taking it out of context and then arguing from that(The naked in your car argument) is to commit THIS! No need to go there.


ANYONE catching my drift?

Freaking coffee got cold typing this, will be back soon.

Me.


I've even heard a few police officers use that phrase in proper context- who happen to be very pro-gun individuals.

 

[Hitman]

I've even heard a few police officers use that phrase in proper context- who happen to be very pro-gun individuals.

RED = VITAL~!

 

[mcinfantry]

Me.


I've even heard a few police officers use that phrase in proper context- who happen to be very pro-gun individuals.

Good point.
Next time they tell you open carry is illegal and they can search your car, remember that

 

[Hitman]

Good point.
Next time they tell you open carry is illegal and they can search your car, remember that

C'mon STRAWMAN! He just said "in proper context"

 

[oleheat]

Good point.
Next time they tell you open carry is illegal and they can search your car, remember that

I will. Thanks!