Possession of a Firearm On the Premises of an Alcoholic Beverage Outlet while in car

[Speedlace]

I was reading through the headlines and found this:

Three arrested in Prairieville club shooting & stabbing

PRAIRIEVILLE, LA (WAFB) - Three people have been arrested in connection with a shooting and stabbing that happened early Sunday morning at Suthern Kumfort Gentlemen's Club in Prairieville.

Ascension Parish deputies say two men were shot in the club's parking lot at about 2:15 a.m. The two men who were shot were identified as 41-year-old Matthew Pittman and 51-year-old John Schoen. Both men were transported to area hospitals. Schoen was shot in the arm and side, but his injuries were not serious. Pittman was shot in the neck, causing serious injury, and he remains hospitalized.

Investigators say they were initially told that the suspected shooter, who was later identified as 23-year-old Peter Stephens, had gotten into a minor altercation with the victims and as he was driving away, he stopped his car and shot the victims. Deputies say Stephens was arrested Sunday at St. Elizabeth Hospital, where he was brought to treat of cuts that he received during the altercation at Suthern Kumfort.

Investigators say they now believe that Stephens was attacked by Pittman, Schoen, and Luther Powell and that after being stabbed in the leg, he got into his car and as he was leaving, he stopped and pulled a gun. They say this led to a second confrontation, which resulted in shots being fired and Stephens being cut several more times.

Stephens, who's from Baton Rouge, is charged with two counts of attempted first-degree murder, possession of a firearm on the premises of an alcoholic beverage outlet, and illegal use of a firearm. Schoen, who's from Prairieville, is charged with attempted second-degree murder and hate crimes. 41-year-old Luther Powell, who's from Maurepas, is also charged with attempted second-degree murder and hate crimes.

Ascension Parish deputies say the investigation is continuing and further arrests are likely.

http://www.wafb.com/Global/story.asp?S=8204076 (Click for Vid)

I was wondering is he being charged b/c:
It was illegal to have a firearm in your car while in the parking lot of an alcoholic beverage outlet even though your car is an extension of your home
OR
Was it that he used his firearm in the commission of a crime while in the parking lot of an alcoholic beverage outlet even though he was in his car?

 

[Manimal]

Was it that he used his firearm in the commission of a crime while in the parking lot of an alcoholic beverage outlet even though he was in his car?

This is likely the case, you can have a firearm in your car while at a bar.

Looks like is was a bunch of scumbags doing shitty things.

 

[George]

Was it that he used his firearm in the commission of a crime while in the parking lot of an alcoholic beverage outlet even though he was in his car?

 

[Nick]

also remember, that's only an initial charge... typically a person will be charged with every possible violation that could be conceived, only to have the charges later changed or dropped by the D.A.

big difference between being charged and being convicted... don't let the media fool you.

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now for my personal opinion: he loses his immunity when he essentially pulls a "drive by" shooting, which btw I thought there was a specific law to provide special penalties for "drive by" shootings?

 

[Manimal]

I wasn't there, but if 3 people attacked me b/c I was white & they spewed forth all kinds of hate garbage at me as they stabbed me and tried to kill me...I don't know what I would do. They could have even had the guy boxed in when he pulled his gun.

What I don't understand is their attempted second degree charges compared to his 1st degree...they should all be first or second IMO...maybe it was b/c they stabbed in him the leg & not the torso? The guy could have even been defending himself IF they did have him boxed in/blocked off from escape.

These things are impossible to tell while being a computer commando rather than a CSI/LEO.

 

[chibajoe]

This is a tricky one, but I'm willing to bet that this is probably going to turn out to be a good shoot. I mean, three guys attacking him in the parking lot and calling him racial slurs (hence the hate crime charge); I think if Stephens had called 911 and reported that he was attacked in a parking lot instead of running away, there probably wouldn't have been any charges filed against him. Then again, he's young and probably ignorant of his rights (and too poor to aford a good lawyer), so he'll end up with a felony conviction and a record.

 

[spanky]

i'm all for defending ones self but thats a bad shoot imo. he was in the car and fleeing then he stopped and got out. once he was in the car he was no longer in fear of his life, IMO.

 

[George]

also remember, that's only an initial charge... typically a person will be charged with every possible violation that could be conceived, only to have the charges later changed or dropped by the D.A.

big difference between being charged and being convicted... don't let the media fool you.

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now for my personal opinion: he loses his immunity when he essentially pulls a "drive by" shooting, which btw I thought there was a specific law to provide special penalties for "drive by" shootings?

AGREED on the first part. Secondly, the "drive by" thing.


RS 14:30

§30. First degree murder

A. First degree murder is the killing of a human being:

(1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated rape, forcible rape, aggravated burglary, armed robbery, drive-by shooting, first degree robbery, simple robbery, or terrorism.



RS 14:30.1

§30.1. Second degree murder

A. Second degree murder is the killing of a human being:

(1) When the offender has a specific intent to kill or to inflict great bodily harm; or

(2)(a) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, drive-by shooting, armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm.


RS 14:37.1

§37.1. Assault by drive-by shooting

A. Assault by drive-by shooting is an assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.

B. Whoever commits an assault by drive-by shooting shall be imprisoned for not less than one year nor more than five years, with or without hard labor, and without benefit of suspension of sentence.

C. As used in this Section and in R.S. 14:30(A)(1) and 30.1(A)(2), the term "drive-by shooting" means the discharge of a firearm from a motor vehicle on a public street or highway with the intent either to kill, cause harm to, or frighten another person.


just depends on what they were doing while commiting the crime.