Meanwhile in Caddo Parish

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  • WB5QBK

    Well-Known Member
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    3   0   0
    Oct 16, 2008
    91
    6
    Caddo Parish
    The Caddo Parish Commission voted this week to advance a proposed ordinance (7-4) to prohibit a loaded weapon capable of/loaded with (they can’t be consistent) greater than 19 rounds to be carried in a vehicle. If the charged magazine is in the vehicle buy not in the magazine well that is okay, maybe. This would apply to all UNINCORPORATED Parish roads and they will present it to the Shreveport City Council telling them that Shreveport must do the same.

    Parish Attorney is checking to see if they can force CHL holders to abide by this but the Attornet stated that Open Carry means unloaded and therefore will be unloaded.

    They don’t believe that the State Preemption Statute applies to them and if so they will just get an exemption.

    They readily admit that this is an election year and plan to show their voters that they tried to do something.
     

    Xeon64

    Well-Known Member
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    6   0   0
    Jan 26, 2021
    518
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    Prairieville, LA
    State Preemption Statute, why would this not apply to them. We can not allow local governmental bodies to pass laws like this. No one would ever be able to keep up with the law and jackboots in these places would be arresting and confiscating people's weapons.

    They can pass it but I smell a lawsuit coming from the first person charged.
     

    Jstudz220

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    22   0   0
    Oct 14, 2020
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    Harvey Louisiana
    In Louisiana, your vehicle is an extension of your home thus you share the same rights and pleasures as in the 4 walls of your domicile. That "ordinance" is unconstitutional for the state of Louisiana. I'm certain an email to the Attorney Generals office would nip this in the bud.
    I won’t give you a hard time because I regurgitated the same BS here some time ago. You always here “in Louisiana your car is an extension of your home” well it’s really not. You won’t fine that anywhere in Louisiana legal literature. Just to give you one obvious example I can drink a beer on my sofa and that’s completely legal and doesn’t sound like a terrible idea actually right about now. Can you do that in your car?
     

    Xeon64

    Well-Known Member
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    6   0   0
    Jan 26, 2021
    518
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    Prairieville, LA
    I won’t give you a hard time because I regurgitated the same BS here some time ago. You always here “in Louisiana your car is an extension of your home” well it’s really not. You won’t fine that anywhere in Louisiana legal literature. Just to give you one obvious example I can drink a beer on my sofa and that’s completely legal and doesn’t sound like a terrible idea actually right about now. Can you do that in your car?
    You use to be able to drink and drive legally not that long ago in this state. Then stupid people who can not handle freedom ruined it for all of us.
     

    frankinola

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    3   0   0
    Feb 3, 2012
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    well some of the confusion comes in from 14:20, there has not been much case law on this but there is no direct statue which says your car is an extension of your home.
    Justifiable homicide
    A. A homicide is justifiable:
    (1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
    (2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
    (3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
    (4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
    (b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
    B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:
    (1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.
    (2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
    C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.
    D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.
    Added by Acts 1976, No. 655, §1. Amended by Acts 1977, No. 392, §1; Acts 1983, No. 234, §1; Acts 1993, No. 516, §1; Acts 1997, No. 1378, §1; Acts 2003, No. 660, §1; Acts 2006, No. 141, §1; Acts 2014, No. 163, §1.​
     

    charlie12

    Not a Fed.
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    4   0   0
    Apr 21, 2008
    8,322
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    Pride
    I won’t give you a hard time because I regurgitated the same BS here some time ago. You always here “in Louisiana your car is an extension of your home” well it’s really not. You won’t fine that anywhere in Louisiana legal literature. Just to give you one obvious example I can drink a beer on my sofa and that’s completely legal and doesn’t sound like a terrible idea actually right about now. Can you do that in your car?
    A 16 year old can be at home alone with a house full of handguns. Can the same 16 year old ride around with a car load of handguns?
     

    MOTOR51

    Well-Known Member
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    65   0   0
    Dec 23, 2008
    5,806
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    here
    State Preemption Statute, why would this not apply to them. We can not allow local governmental bodies to pass laws like this. No one would ever be able to keep up with the law and jackboots in these places would be arresting and confiscating people's weapons.

    They can pass it but I smell a lawsuit coming from the first person charged.

    Haven’t heard “jackboots” in a while, you need to borrow a pair?


    Sent from my iPhone using Tapatalk Pro
     

    James Thibodeau

    Well-Known Member
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    10   0   0
    Apr 23, 2012
    169
    18
    Breaux Bridge
    I won’t give you a hard time because I regurgitated the same BS here some time ago. You always here “in Louisiana your car is an extension of your home” well it’s really not. You won’t fine that anywhere in Louisiana legal literature. Just to give you one obvious example I can drink a beer on my sofa and that’s completely legal and doesn’t sound like a terrible idea actually right about now. Can you do that in your car?
    You are referring to the open container law; I am referring to your rights under the 4th amendment regarding serach and seizure. Louisiana does have expanded rights in your motor vehicle, that is why the Castle Doctrine extends from your home to your motor vehicle as well. Search and Seizure as well as right to self defense. Open container is a title 32:300 traffic code violation.
     

    Jstudz220

    Well-Known Member
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    22   0   0
    Oct 14, 2020
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    Harvey Louisiana
    You are referring to the open container law; I am referring to your rights under the 4th amendment regarding serach and seizure. Louisiana does have expanded rights in your motor vehicle, that is why the Castle Doctrine extends from your home to your motor vehicle as well. Search and Seizure as well as right to self defense. Open container is a title 32:300 traffic code violation.
    I was just giving you one example of why your vehicle is not an extension of your home in Louisiana. Im not sure what the 4th amendment would have to do with what Caddo is trying to pass. By law any contact with a police officer in Louisiana you need to notify them if you’re carrying.
     

    thperez1972

    ESSAYONS
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    9   0   0
    Dec 28, 2015
    4,796
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    Baton Rouge, LA
    You are referring to the open container law; I am referring to your rights under the 4th amendment regarding serach and seizure. Louisiana does have expanded rights in your motor vehicle, that is why the Castle Doctrine extends from your home to your motor vehicle as well. Search and Seizure as well as right to self defense. Open container is a title 32:300 traffic code violation.
    Even with the 4th amendment, there is a well documented difference between a home and a vehicle. Because a vehicle is mobile, there can be circumstances where the police can search a vehicle without a warrant. A number of those circumstances, when applied to a home, would result in a constitutional violation should a warrantless search occur. So your vehicle is an extension of your home except when it isn't.

    For the record, I don't agree with the proposed law.
     

    Trailboss

    Well-Known Member
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    7   0   0
    Apr 2, 2013
    350
    28
    Norwood LA
    ...By law any contact with a police officer in Louisiana you need to notify them if you’re carrying.
    Only if you have a permit. If you are open carrying or have a firearm in the vehicle, it would be wise to inform the LEO, but not required.
     

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