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  • Boudreaux

    I B N AH DA
    Rating - 0%
    0   0   0
    Mar 26, 2010
    34
    6
    LA Law requires you to notify the homeowner if you carry a firearm into their home. Since under the same laws, a person's vehicle is considered an extension of their home, must you notify them upon entering their vehicle?
     

    Guate_shooter

    LA CHP Instructor # 522
    Rating - 100%
    30   0   0
    Dec 4, 2009
    9,424
    36
    (Breaux Bridge)
    Welcome to the forum, I stongly advice you to read up on older posts in both the legal section and ccw/carry, this same topic has been discused to quite an extent over here.

    Also look into NOLACOP's private forum area he has a lot of info that could be helpfull to you, that will answer this question and more that you probably will have in the future.
     

    Gus McCrae

    No sir, I ain't.
    Rating - 100%
    25   0   0
    Feb 25, 2009
    8,370
    38
    Colorado

    Bayoupiper

    New Curmudgeon
    Rating - 100%
    4   0   0
    Apr 28, 2008
    5,099
    36
    Iowa, LA
    I thought this was going to be another one of those, "Like, if you're in a friend's car, and he, like, has some weed, but it isn't, like, yours, can you still be busted???" posts. :D

    .



    Yeah but he said home.

    So, if I go to buy drugs at some dealer's home, and I am cc'ing without a permit, do I still have to tell him I have a gun before I shoot him?





    .
     

    Boudreaux

    I B N AH DA
    Rating - 0%
    0   0   0
    Mar 26, 2010
    34
    6
    Yeah but he said home.

    So, if I go to buy drugs at some dealer's home, and I am cc'ing without a permit, do I still have to tell him I have a gun before I shoot him?





    .

    Why would you shot your dealer? Makes no sense to me at all.
     

    Boudreaux

    I B N AH DA
    Rating - 0%
    0   0   0
    Mar 26, 2010
    34
    6
    He was just saying that he has somewhat of a minor desire to shoot drug dealers because, well... they're drug dealers. He's not really gonna shoot anyone; he was just being sarcastic.

    as was I....

    I looked through NolaCop's write up and while I read about extensions of my home, I didn't see anything relative to the extension of anothers home.

    RS 40:1379.3 reads:
    "The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person."

    Dosen't mention anything about their vehicle
     

    charlie12

    Not a Fed.
    Rating - 100%
    4   0   0
    Apr 21, 2008
    8,540
    63
    Pride
    as was I....

    I looked through NolaCop's write up and while I read about extensions of my home, I didn't see anything relative to the extension of anothers home.

    RS 40:1379.3 reads:
    "The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person."

    Dosen't mention anything about their vehicle


    That might be cause your car ain't a house unless you're homeless. :D
     

    Boudreaux

    I B N AH DA
    Rating - 0%
    0   0   0
    Mar 26, 2010
    34
    6
    Welcome to the forum, I stongly advice you to read up on older posts in both the legal section and ccw/carry, this same topic has been discused to quite an extent over here.

    Also look into NOLACOP's private forum area he has a lot of info that could be helpfull to you, that will answer this question and more that you probably will have in the future.

    Bammmmmmmmm :o

    I took your advice, however my question still remains......any more suggestions?
     

    charlie12

    Not a Fed.
    Rating - 100%
    4   0   0
    Apr 21, 2008
    8,540
    63
    Pride
    Ok I'll give my take on it but I don't know crap just tying to give my view on it.

    A car is not an extension of you home. So that might be why the law says someone's home and nothing about a car.

    Where's nolacop when you need him?
     
    Last edited:

    Guate_shooter

    LA CHP Instructor # 522
    Rating - 100%
    30   0   0
    Dec 4, 2009
    9,424
    36
    (Breaux Bridge)
    As mentioned before the answers are there if you search.

    “Your vehicle is an extension of your home”

    The problem with this statement is that MOST people who use it do so with the mistaken belief that they can do anything in their vehicle that they can do in their home. That simply is not true.

    That statement has no legal status. It is a layman’s phrase used in reference to the ability to defend oneself in their vehicle SIMILARLY as in one’s home.

    This is a result of many issues and practices such as the recent “Carjacker Law" that was added as a justification for homicide, and the legal allowance to have a firearm inside one's vehicle without the need for a permit in certain states such as Louisiana.

    Also, some insurance documents make reference to the statement that for insurance purposes, your "vehicle, garage, boat, etc. is considered an extension of your home." However, insurance law is not the same as criminal law.

    You cannot do everything in your vehicle that you can do in your home due to expectation of privacy precedence and specific local laws. The Supreme Court has already ruled that you have the same expectation to SAFETY in your vehicle as you do your home, but they have also ruled that you DO NOT have the same expectation of PRIVACY in your vehicles as you do your home.

    There are different legal requirements for search and seizure in your home than their are for your vehicle.

    An extreme example is that you can walk around naked in your home all day, and that act in and of itself is not a crime. However, if you are driving around town naked in your car, then that act in and of itself is a violation of most obscenity laws and is arrestable.

    Another example is that while you can drink until you die in your home, you cannot drink in your vehicle in most cases. in MOST cases, you would be in violation of either Driving While Intoxicated or local Open Container ordinances.

    There are very few exceptions where your home can be searched without a warrant. There are more and different exceptions that allow a search of your vehicle. Different rules and laws for the home and vehicle.

    So.....your vehicle is not an extension of your home because you do not have the same expectation of privacy in both. However, you do have the same expectation of safety and may defend yourself in most situations in your car the same as you would inside your home.


    NUTSHELL-- You have most of the same rights in your car as you do your home, but they are not exactly the same thing.
    .
     

    VeedUp

    Well-Known Member
    Gold Member
    Rating - 100%
    54   0   0
    Oct 15, 2007
    3,329
    38
    Destrehan, La.
    as was I....

    I looked through NolaCop's write up and while I read about extensions of my home, I didn't see anything relative to the extension of anothers home.

    RS 40:1379.3 reads:
    "The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person."

    Dosen't mention anything about their vehicle

    That's because a vehicle is not an extension of your home.
     

    honestlou

    Well-Known Member
    Rating - 100%
    7   0   0
    Feb 17, 2009
    1,162
    38
    Baton Rouge
    as was I....

    I looked through NolaCop's write up and while I read about extensions of my home, I didn't see anything relative to the extension of anothers home.

    RS 40:1379.3 reads:
    "The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person."

    Dosen't mention anything about their vehicle

    And that is the answer to your question. You found it yourself!
     

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