Need information concerning carry in private vehicle

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  • patriot

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    Oct 24, 2008
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    Denham Springs
    I was hoping someone could help me with this issue. Please bare with me as I will try to be as informative as possible. I am sure that most are familiar with La. senate bill 51 enacting R.S. 32.292.1 (Bill Prohibits Louisiana Employers from Preventing Employees from Carrying Firearms onto Employer Property if Firearm is in Locked Private Vehicle). I recieved a notice from a refinery in St. Charles stating that they are exempt from the Louisiana Statute. The refinery does have Federal Trade Zone status, "FTZ 124A" I contacted the FTZ and they informed me they were aware of no federal law that exempts the refinery from the state law. They were helpful in directing me to contact U.S. Customs as they are the enforcement agency that deals with TWIC facilities. TWIC or "Transportation Worker Identifaction Creditintial" is a government identifaction that provides access to any facility that has a deepwater port. U.S. Customs response was much the same, they were not aware of any federal law that exempts any private or public company, under U.S. Title 19, from the state statute. In a day and time where our basic freedoms are being threatened by our government it just doesnt set well with me that a company makes a statement that they are exempt from a state statute and offer no federal statute as proof. Any help or information regarding this issue would be greatly aprreciated.
     

    Ben Segrest

    Well-Known Member
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    Oct 20, 2008
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    If the parking lot is public access, they can't tell you ****. However, if it's a fenced, restricted access parking lot, (I think) they can ban you from carrying even in your vehicle.
     

    spanky

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    Sep 12, 2006
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    Gonzales, LA
    I'm unaware of any reason why they'd be exempt from that. Then again, I have no reason to know that since I don't work in that sort of place.
     

    aroundlsu

    Bayou Photo Shooter
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    Dec 21, 2007
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    Baton Rouge
    A shaw plant safety manager told me they were exempt based on department of homeland security anti terrorism regulations.

    Hey may have been bullshitting. If you depend on your job at the plant you should leave your guns at home or park elsewhere. Those boys are serious about their rules. I occassionally work at plants and even I leave my gear at home. Just not worth it to get blacklisted by a major corporation.
     

    patriot

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    Oct 24, 2008
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    Denham Springs
    Reading the statute which is very short, property with limited, gaurd, or gated access has to offer secure place to lock firearms or a parking area designated within a reasonable distance to original parking
     

    Nolacopusmc

    *Banned*
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    Oct 22, 2008
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    New Orleans, LA
    32:292.1. 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.
     

    Gus McCrae

    No sir, I ain't.
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    25   0   0
    Feb 25, 2009
    8,370
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    Colorado
    32:292.1. 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.

    I think this is what you need to know. I don't think there are any federal rules that would make it any different for a private company. That being said, it doesn't mean you wouldn't have to go to court if they found a gun in your car. It really might take a court case to sort it out.

    If you do it, don't advertise it IMO. :hs:
     

    patriot

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    Oct 24, 2008
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    Denham Springs
    Thanks for the responses. My point for the post is to see if someone might know the federal law that exempts them. This does not effect me as i drive a company vehicle that allows me access to process areas, to which i would never consider having a firearm in the company vehicle. I have even called Senator Joe MacPherson's (one of the aurthors of senate bill no. 51) and they could tell me of no such federal law. Its just a matter of principle. Thanks again for the responses.
     

    Nolacopusmc

    *Banned*
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    Oct 22, 2008
    8,348
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    New Orleans, LA
    Thanks for the responses. My point for the post is to see if someone might know the federal law that exempts them. This does not effect me as i drive a company vehicle that allows me access to process areas, to which i would never consider having a firearm in the company vehicle. I have even called Senator Joe MacPherson's (one of the aurthors of senate bill no. 51) and they could tell me of no such federal law. Its just a matter of principle. Thanks again for the responses.

    The exemption would come into play if they are covered by MARSEC law or Coast Guard law or any other federal agency. If they are doing federal work, they may be exempt.
     

    Kraut

    LEO
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    Oct 3, 2007
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    Slidell, LA
    Ask THEM to cite the statute rather than people on this site. You may back them into a corner if they can't show you what authority they claim to be acting under. If I arrest someone, I sure as hell have to be able to put the appropriate statute under which their actions are described as a crime on the affidavit/probable cause document.
     

    patriot

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    Oct 24, 2008
    15
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    Denham Springs
    UPDATE!!! I received a response from the AG's office yesterday, it was signed by Buddy Caldwell. I will try and post it here. Basically he referenced challenges to Florida's law, which is very similar to Louisiana, where Florida courts upheld the law. To me this is about challenges to our rights as gun owners, I personally believe that the more knowledge we have on such issues the better chance we have at protecting our rights, the few we have left!
     

    beauxdog

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    Sep 18, 2007
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    Baton Rouge
    DOW in Plaquemine has the same restriction. Claim they are under Federal Law and it supersedes state law? Don't have the money and time to take it to court. They do provide on-site storage for someone to store an unloaded firearm if they are bringing one in-side the gate. Those that park in one of the outside areas don't hane any restrictions that I know of.

    I don't bring my firearms in-side the plant anymore.:D They called me up to the front gate one night to help them put someone's gun back together they took apart and couldn't reassemble.

    They have the right to search you vehicle at anytime but they never search the person.:p

    Beauxdog :(
     

    misfire1

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    Apr 8, 2008
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    New Iberia
    I see many signs at the docks I go to I just take my gun out of sight. The chevron heliport in Grand Isle has a firearm parkin garea nest to the regular parking area.
     

    my-rifle

    I make my own guns.
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    5   0   0
    Dec 12, 2007
    3,135
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    Jefferson Parish
    I work on a military facility, and they are most definitely exempt from state law regarding firearms. We are forbidden from carrying firearms into the facility whether in our vehicles or otherwise. Word that I heard was that after Katrina they enacted a 100% search of every vehicle to catch the violators. From what I was told they gave up after it became apparent that almost everyone was in violation.

    :rockon:
     

    nickatnite

    Crybaby Hater...
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    65   0   0
    Jun 27, 2007
    3,188
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    Prairieville, La
    This here is posted at a lot of facilities around the BR area now.

    665831567_YEJaw-L.jpg
     
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