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'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'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).
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.
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.
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?
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.