Loaded firearm in vehicle

[LMC]

Hi, i was just wondering what the local law inforcement in general thought about a someone carrying a loaded holstered pistol in a vehicle that didn't have a CHL in regards to traffic stops and such. thanks

 

[spanky]

Your vehicle is an extension of your home so there are no laws against carrying a loaded weapon in your car. You just have to, in Louisiana, advise the officer that you have a firearm in your vehicle. Also, since your your car is an extension of your home, you are allowed to have your weapon concealed on your person (or anywhere else in the vehicle) but once you exit the vehicle the firearm has to either be off of your person or in plain sight.

I'm not a lawyer, this is just the law as I understand it.

 

[CavalryJim]

Your vehicle is an extension of your home so there are no laws against carrying a loaded weapon in your car. You just have to, in Louisiana, advise the officer that you have a firearm in your vehicle.

I'm not a lawyer either but if your vehicle truly is an extension of your home why would you have to inform the officer you have a firearm? If a LEO knocks on my door, I am under no obligation to advise him/her about firearms in my house.

As a CCL holder, I do have a legal obligation to inform a LEO when I am carrying concealed but not everyone with a gun in their vehicle has a CCL (and thus the obligation to inform).

 

[spanky]

I don't think you have to inform them unless they explicitly ask.

Maybe one the LEO on board can chime in.

 

[George]

It called being a good citizen. I know that when I pull someone over I automatically assume you have a weapon on you and in the car. Just to keep me on my toes. Letting a LEO know you have a gun takes a little pressure off of him/her and maybe might get you out of a ticket, since you are being truthful and honest. I know i've let a few go for being honest.(after i checked them for warrants, prior convictions, and checking the gun.)

 

[JadeRaven]

I also think informing the officer that you have a gun is in case both your weapon and your information (insurance, registration, whatever) are in the same place.

I also think there is no purpose in keeping a weapon unloaded unless you have another loaded weapon nearby

 

[Toby]

I've never heard of anyone being ticketed specifically for carrying a weapon in their vehicle. If someone here has, please describe the situation that led up to being ticketed.

 

[spanky]

I've never heard of anyone being ticketed specifically for carrying a weapon in their vehicle. If someone here has, please describe the situation that led up to being ticketed.

No one has because it's not against the law.

 

[George]

I've never heard of anyone being ticketed specifically for carrying a weapon in their vehicle. If someone here has, please describe the situation that led up to being ticketed.

i was talking about being pulled over for a traffic violation.

oh and you can get a Summons for having a gun in your vehicle, IF you are parked on the property where alcohol is sold for individual sale(like bars).

 

[LouisianaCarry]

i was talking about being pulled over for a traffic violation.

oh and you can get a Summons for having a gun in your vehicle, IF you are parked on the property where alcohol is sold for individual sale(like bars).

I am familiar with the baverage premesis law, but would be shocked at someone attempting to apply that to a gun contained in a vehicle. Please cite sources.

 

[George]

I am familiar with the baverage premesis law, but would be shocked at someone attempting to apply that to a gun contained in a vehicle. Please cite sources.

RS 14:95.5

§95.5. Possession of firearm on premises of alcoholic beverage outlet

A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

B. "Alcoholic beverage outlet" as used herein means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Acts 1985, No. 765, §1.

 

[LouisianaCarry]

As previously stated, I am familiar with that statute, and am working towards getting it repealed. I was referring to my desire to hear of any incident in LA history when anyone was ever issued a summons for the actions in question. If you are discussing the law by itself, I would counter with this:

RS 14:95.2
§95.2. Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone

C. The provisions of this Section shall not apply to:

(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

Yes, that is the school zone statute, but it enshrines in our statutes the fact that "a firearm contained entirely within a motor vehicle" "cannot be regulated by the state."

I am not trying to be argumentative, I just like to prevent false concerns from others who may read this thread. Have you ever heard of anyone ever being issued a summons from the actions in question?

 

[JadeRaven]

RS 14:95.5

§95.5. Possession of firearm on premises of alcoholic beverage outlet

A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

B. "Alcoholic beverage outlet" as used herein means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Acts 1985, No. 765, §1.

Where does it say "in your vehicle" or "in the parking lot?"

As long as the firearm is not under or on top of the car the firearm is in your home and legally protected.

 

[George]

Where does it say "in your vehicle" or "in the parking lot?"

As long as the firearm is not under or on top of the car the firearm is in your home and legally protected.

A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

ok as LEO all I need to do is prove possesion. Possesion consists of in your Immediate control. Which is in arms lenght. this law is so broad it leaves it up to the judges. I have charged and got convictions on this law.

 

[spanky]

Obviously it's up to the digression of the officer as to whether they should ticket that offense or not, right? I can see where one would be inclined or not inclined to issue based on certain things.

 

[LouisianaCarry]

A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

ok as LEO all I need to do is prove possesion. Possesion consists of in your Immediate control. Which is in arms lenght. this law is so broad it leaves it up to the judges. I have charged and got convictions on this law.

1) Were any of them from a weapon contained entirely withing a vehicle?

2) Just a thought- it is OK not to enforce bad laws. For a more detailed argument against this law, you are welcome to click here: http://louisianacarry.org/changes/beverage_outlet.htm

 

[George]

1) Were any of them from a weapon contained entirely withing a vehicle?

2) Just a thought- it is OK not to enforce bad laws. For a more detailed argument against this law, you are welcome to click here: http://louisianacarry.org/changes/beverage_outlet.htm

1)yes they were.

2) is it ok to NOT enforce a bad law? like spanky said its officer descretion. I guess if someone pulls into their driveway then i cant charge them with a DWI since they are home?

 

[JadeRaven]

1)yes they were.

2) is it ok to NOT enforce a bad law? like spanky said its officer descretion. I guess if someone pulls into their driveway then i cant charge them with a DWI since they are home?

Driving drunk is not a constitutionally protected right.

Sure it's "officer descretion," but it would come down to "does the officer want to waste his time and the court's time on some bogus idea he got in his head by ignoring precedent on gun possession."

It's not a bad law. It's a bad interpretation of a law.

 

[TowTruck]

I'd imagine if you get a ticket for having a weapon in your vehicle in a parking lot of a buisiness that sales liquor thats not the only ticket you are going to recieve and more than likely said way more derogitive comments to the LEO than is allowed

 

[George]

Driving drunk is not a constitutionally protected right.

Sure it's "officer descretion," but it would come down to "does the officer want to waste his time and the court's time on some bogus idea he got in his head by ignoring precedent on gun possession."

It's not a bad law. It's a bad interpretation of a law.

It's OT if i go to court... , but then again i dont go to court because the Prosecutors are rediculous. I agree about the laws being so "open" to interpretation, but then again thats the problem with the judicial system and why so many people get off on crimes that are commited. its a no win situation. The way we see it. Thats one less gun on the street tonight.