Loaded firearm in vehicle

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  • LouisianaCarry

    Tactibilly
    Rating - 100%
    24   0   0
    Mar 14, 2007
    1,986
    36
    Keithville
    If I ever get charged with it I plan on persuing it to the top. In the meantime, I am working towards getting a summary judgement from the court to work on overturning it without having to be charged, similar to the way the DC ban was overturned recently.
     

    dawg23

    Resident Dimwit
    Rating - 100%
    6   0   0
    Sep 17, 2006
    1,755
    36
    Baton Rouge
    RS 14:95.5

    §95.5Possession 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.

    Acts 1985, No. 765, §1.

    I would be very interested in seeing an appellate court ruling on the meaning of "premises," vis a vis the intent of the legislature. The way this statute is worded, if the individual servings are intended to be consumed inside the building, then "premises" would connote the confines of the building.

    Personally I think any LEO who looks for this type of "violation" has better things to do. There are better ways to "Protect & Serve."
     
    Last edited:

    LouisianaCarry

    Tactibilly
    Rating - 100%
    24   0   0
    Mar 14, 2007
    1,986
    36
    Keithville
    If we're talking MVs, howzabout hitting ppl for not USING THEIR TURN SIGNALS!!! Oh, and stopping way past the "stop here on red" line so that everyone else has to do gymnastics to take a left around them!

    :mad:
     

    Zack3g

    Full Auto is fun!
    Rating - 100%
    6   0   0
    Jun 22, 2007
    174
    16
    Lafayette
    if you're gonna do it, do it right. start going after the fuckers who look you right in the eye then pull out in front of you right as you get to them. i HATE that. Especially when i'm on my bike.
     

    Forrest

    REO
    Rating - 0%
    0   0   0
    Sep 12, 2006
    47
    6
    Baton Rouge
    RS 14:95.2

    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.

    I realize this thread is a month old but I just want to be clear:

    George, you said you've charged someone with having a loaded gun inside a motor vehicle, even though this section clearly states that it is a constitutionally protected activity? If so, this greatly reduces my faith in our justice system.
     
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