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Thread: Open Carry in Car?

  1. #1
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    Chambering a round while driving is sufficient ground to give an officer reasonable suspicion of a crime, according to a Louisiana appellate court. What crime? We do not know, and the court refuses to tell us.



    http://www.georgiapacking.org/forum/...=353796#353796



    Read it and weep.

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    Haven't checked the link yet, but always nice to see you, Malum!

    By the way, I noticed a news article giving you flak for not having a gun safety page on your site (which is totally up to you, I am not telling you to). If you want to use mine, you can cut and paste whatever you like:

    http://louisianacarry.org/safety



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    Just checked it.

    Don't get me wrong, I am an activist, but I think that meets the criteria for reasonable suspicion. Not probabe cause mind you, but reasonable suspicion. Since that is what the motion was based on (RS), I don't see the problem. As much as the law as it relates to guns frequently sucks, I can't see anything of real note here.

    If I am missing something, let me know.

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    Louisiana Carry wrote:
    Just checked it.

    Don't get me wrong, I am an activist, but I think that meets the criteria for reasonable suspicion. Not probabe cause mind you, but reasonable suspicion. Since that is what the motion was based on (RS), I don't see the problem. As much as the law as it relates to guns frequently sucks, I can't see anything of real note here.

    If I am missing something, let me know.
    Reasonable suspicion of what? I am not trying to be difficult here, but it is not reasonable suspicion of something suspicious. It is reasonable suspicion of a crime. Neither the officer nor the court even attempted to articulate what that crime might be, and the result is that this case could be used to justify detaining anybody with a gun.

    It is one of the most terribly reasoned opinions I have ever read, and I predict bad consequences for Louisiana as a result.

    Thank you for the safety page. I will check it out.

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    What about your vehicle being an extension of your home?? Does that mean cops are going to do checks of people's homes for loaded weapons due to reasonable suspicion of a crime??

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    The extension of your home thing is a bit of a misnomer. There are many ways in which vehicles are handles differently than homes. There are ways in which they are similar, but it is far too broad of a generalization to say that they are simply an extension of your home. That idea stems from the GFSZ statute that says guns in vehicles cannot be Constitutionally regulated, but that does not mean that RS an PC laws and such do not apply.



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    Louisiana Carry wrote:
    The extension of your home thing is a bit of a misnomer. There are many ways in which vehicles are handles differently than homes. There are ways in which they are similar, but it is far too broad of a generalization to say that they are simply an extension of your home. That idea stems from the GFSZ statute that says guns in vehicles cannot be Constitutionally regulated, but that does not mean that RS an PC laws and such do not apply.

    So, this is only one of a few instances where different laws or statutes seem to conflict. What does one do when faced with laws that are conflicting or confusing as to which one takes precedence over the other?

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    That would be where case law comes into play.

    There are guidelines, the most immediately pertinent being reasonable doubt. Ambiguities are supposed to work in our favor.

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    Louisiana Carry wrote:
    Haven't checked the link yet, but always nice to see you, Malum!

    By the way, I noticed a news article giving you flak for not having a gun safety page on your site (which is totally up to you, I am not telling you to). If you want to use mine, you can cut and paste whatever you like:

    http://louisianacarry.org/safety

    http://www.georgiacarry.org/cms/firearm-safety/

    We also linked your web site on GCO's home page.

  10. #10
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    Right on.

    Glad I could be of service. I have been meaning to mention that to you for months.

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    Louisiana Carry wrote:
    Right on.

    Glad I could be of service. I have been meaning to mention that to you for months.
    I appreciate it. This is something we have been meaning to do for a long, long time, but we have so many priorities, that it just kept getting left behind . . .

    You made it easy. :celebrate

  12. #12
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    I know how that is. I have 94 email addys waiting to be added to the list, and 99 emails of various updates and corrections to the site to work through sitting in outlook.

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    The crime that leaps to mind is "Failure to maintain control of vehicle"
    and "Failure to act like sheep".
    If you are driving down the street, you should not be trying to pull slide back
    and chambering a round.
    This is worse than "texting".
    Now if the leo is running at your car with gun drawn, by all means chamber away
    and defend yourself.

    How about if you lose your home, and are living in your car?
    I seem to recall two instances in Texas, recently LDS kids and parents ordered
    out and kidnapped, then other side of state in waco ordered out and slaughtered.


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