Meanwhile in Caddo Parish

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  • Kraut

    LEO
    Rating - 100%
    4   0   0
    Oct 3, 2007
    1,799
    83
    Slidell, LA
    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?
    Actually, yes:
    §95.8. Illegal possession of a handgun by a juvenile
    A. It is unlawful for any person who has not attained the age of eighteen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.
    B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars and imprisoned for not less than ninety days and not more than six months.
    (2) On a second conviction, the offender shall be fined not more than five hundred dollars and imprisoned with or without hard labor for not more than two years.
    (3) On a third or subsequent conviction, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.
    (4) A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not less than five hundred dollars and not more than one thousand dollars and shall be imprisoned with or without hard labor for not less than six months and not more than five years. At least ninety days shall be served without benefit of probation, parole, or suspension of sentence.
    C. The provisions of this Section shall not apply to any person under the age of eighteen years who is:
    (1) Attending a hunter's safety course or a firearms safety course.
    (2) Engaging in practice in the use of a firearm or target shooting at an established range.
    (3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.
    (4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an unloaded gun.
    (5) On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee of the property.
    (6) At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun.
    (7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.
    D. For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the barrel length shall not exceed twelve inches.
    Acts 1999, No. 1218, §1; Acts 2019, No. 104, §2.
     

    Xeon64

    Well-Known Member
    Rating - 100%
    7   0   0
    Jan 26, 2021
    791
    93
    Prairieville, LA
    Wow the amount of insane laws past since I was a kid. I bought my first SKS legally at 16 and use to carry a pistol from 13 years old when hunting. Ran into Law enforcement often while hunting and was never told it was illegal. If it was it was not enforced where I lived.
     

    pwc001

    Well-Known Member
    Rating - 100%
    2   0   0
    Oct 25, 2013
    82
    8
    It’s Shreveport, I live here, I won’t change any of my carry practices around this place. Most hoods you really need an M-16 at minimum.


    Sent from my iPhone using Tapatalk
     

    pptpe45

    Well-Known Member
    Rating - 0%
    0   0   0
    Mar 29, 2012
    108
    28
    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.
    Prez, I'm not sure I agree with you on this one. The police can search your vehicle, If they have probably cause. As I understand it, under certain circumstances, the same applies to your house, but I assume on a much more limited basis. If I'm pulled over and police officer asks to search my car, I have the right to refuse that search. Guys, I'm just going on what I've picked up from LEO buddies so if I am off base, please chime in and correct me.
     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,714
    113
    Baton Rouge, LA
    Prez, I'm not sure I agree with you on this one. The police can search your vehicle, If they have probably cause. As I understand it, under certain circumstances, the same applies to your house, but I assume on a much more limited basis. If I'm pulled over and police officer asks to search my car, I have the right to refuse that search. Guys, I'm just going on what I've picked up from LEO buddies so if I am off base, please chime in and correct me.

    In certain circumstances, your car can be legally searched without a warrant, including incident to an arrest. That is not the same for a residence. The Supreme Court acknowledges there can be a difference with respect to a warrantless search under the 4th Amendment between a movable piece of property and a stationary piece of property. They specifically state what would be reasonable for a vehicle may not be reasonable for a house. The rules regarding a house are more strict than the rules regarding a car and not all rules applying to a house should be applied to a car. In other words, for the purposes of the 4th Amendment and searches and seizures, the blanket statement that a car is an extension of your house is not a valid statement.

    From Cooper v. California, 386 U.S. 58 (1967):
    "We made it clear in Preston that whether a search and seizure is unreasonable within the meaning of the Fourth Amendment depends upon the facts and circumstances of each case, and pointed out, in particular, that searches of cars that are constantly movable may make the search of a car without a warrant a reasonable one although the result might be the opposite in a search of a home, a store, or other fixed piece of property."
     
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