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Thread: Car Carry Question

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    Lone Star Veteran Gator5713's Avatar
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    I travel into LA regularly from Texas (where I live)
    Here in Texas I can legally carry my loaded side arm in my vehicle as long as it is CONCEALED! However, looking at the LA law, it would appear that as soon as I cross the state line, I need to UN-conceal my pistol... Is this correct?
    May I leave it concealed? (even without a CHL?)
    May I leave it loaded?
    Is there any distinction between regular motorists and Commercial Vehicles in this matter?
    Are there any areas where I am not allowed to carry in this manner in my vehicle?

    I do not normally carry my pistol on my person when traveling like this as I rarely exit my vehicle until I am at a secure location, so I am really only interested in the vehicle carry provisions.

    Thanks in advance for your clarifications and experiences!
    ~Gator

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    Lone Star Veteran Gator5713's Avatar
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    Oh, yeah, one more question while I have you here...
    In Texas (Technically) 'gunbuster' signs don't carry any legal weight, how about in LA?

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    In La., the definition of concealed includes "on one's person".

    §95. Illegal carrying of weapons

    A. Illegal carrying of weapons is:

    (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person;


    Open carry in a car is legal and the weapon can be placed anywhere save "on the person".

    I usually keep mine on the passenger seat with a shirt or jacket nearby that I throw over it if I'm stopped. Not because I have to, but to keep the LEO from gaining probable cause to reach in my car and remove it for "safety". It is legal either way... in plain site or not.

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    Regular Member turbodog's Avatar
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    georg jetson wrote:
    In La., the definition of concealed includes "on one's person".

    §95. Illegal carrying of weapons

    A. Illegal carrying of weapons is:

    (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person;


    Open carry in a car is legal and the weapon can be placed anywhere save "on the person".


    I assume you meant to say "on the person if concealed"?
    And assuming, of course, one doesn't have a CC permit.
    Open carry, as you noted, is legal, including in a vehicle or on a motorcycle. Or a bicycle for that matter.

    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    georg jetson wrote:
    In La., the definition of concealed includes "on one's person".

    §95. Illegal carrying of weapons

    A. Illegal carrying of weapons is:

    (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person;


    Open carry in a car is legal and the weapon can be placed anywhere save "on the person".


    I assume you meant to say "on the person if concealed"?
    And assuming, of course, one doesn't have a CC permit.
    Open carry, as you noted, is legal, including in a vehicle or on a motorcycle. Or a bicycle for that matter.

    Yep... thats what I meant

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    Lone Star Veteran Gator5713's Avatar
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    Thanks for the replies. I'm glad that I can carry it open, HOWEVER, in this specific instance, I would RATHER have it remain concealed!
    I typically keep it in a closed compartment in my truck where it is available if I need it, but completely out of sight (concealed) without opening a closed compartment! Nothing else is stored in that compartment, so the only reason for opening it would be to access the gun...

    May I legally leave the gun loaded and CONCEALED (without a CHL/CCP/CCW) in my truck?

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    Gator5713 wrote:
    May I legally leave the gun loaded and CONCEALED (without a CHL/CCP/CCW) in my truck?
    You must be confused. The LEGAL definition of illegal carrying of weapons in La. includes “concealed” AND "on your person". Is the closed compartment in your truck "on your person"? You can wrap in a towel, put it in a box,stuff it under your seat and paint it camouflage and unless the area under your seat is "on your person" then it is not "illegal carrying of weapons". The act of being concealed, alone, is not illegal.

    I have yet to come across a court case that defined "on your person" though. I have seen"heard" that indicate that if a woman wants to carry a gun in her purse, then she needs a CC permit. However, was I in violation of law when I left the gun store with my new XD in its case that I was holding just like a woman might hold a purse? Indeed, in order to fly with my XD, I have to place it in a bag that I must check at the airport. Does it matter how big the bag is?? If it rolls?If it has a shoulder strap?



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    Lone Star Veteran Gator5713's Avatar
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    Thanks Georg. Thats more the clarification that I was looking for. I wasn't sure if Louisiana had a separate set of 'rules' governing vehicle carry, as many states do...
    I would like to see a cite to reference to the LA code that would pertain to carrying a weapon in my vehicle if anybody has that handy!

    Thanks again!

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    georg jetson wrote:
    I have yet to come across a court case that defined "on your person" though. I have seen"heard" that indicate that if a woman wants to carry a gun in her purse, then she needs a CC permit. However, was I in violation of law when I left the gun store with my new XD in its case that I was holding just like a woman might hold a purse? Indeed, in order to fly with my XD, I have to place it in a bag that I must check at the airport. Does it matter how big the bag is?? If it rolls?If it has a shoulder strap?

    I have had the same question but can not seem to get a direct answer. Either when in a hard or soft case when going to the range with multiple pistols or if it is in a backpack when hiking or bike riding.

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    Here's a couple of places to look but you can carry in your car here.

    http://louisianacarry.org/laws/index.htm

    http://www.handgunlaw.us/documents/USRVCarCarry.pdf

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    Louisiana has the "Castle Law" which extends your house or "Castle" to your vehicle. Hence, you can have your lawful firearm anywhere in the vehicle - concealed or not including firearm free zones as long as it remains in the vehicle "castle".

    This is based on the LA Revised Statues and my conversations with the Chief of Police here in Broussard, LA.

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    Broussard wrote:
    Louisiana has the "Castle Law" which extends your house or "Castle" to your vehicle. Hence, you can have your lawful firearm anywhere in the vehicle - concealed or not including firearm free zones as long as it remains in the vehicle "castle".

    This is based on the LA Revised Statues and my conversations with the Chief of Police here in Broussard, LA.
    I agree. This has been my practice for many years. Inside your vehicle is the same as the inside of your home.

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    Broussard wrote:
    Louisiana has the "Castle Law" which extends your house or "Castle" to your vehicle. Hence, you can have your lawful firearm anywhere in the vehicle - concealed or not including firearm free zones as long as it remains in the vehicle "castle".

    This is based on the LA Revised Statues and my conversations with the Chief of Police here in Broussard, LA.
    no it does not. show me one single law, case law or anything that backs that up.

    why isnt your car covered on homeowners then?

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    There are numerous changes in LA law that permit carry of firearms in your vehicle. Here is one example:

    LA RS 14 §95.6. Firearm-free zone; notice; signs; crime; penalties

    A. A "firearm-free zone" is an area inclusive of any school campus and within one thousand feet of any such school campus, and within a school bus.

    B. The provisions of this Section shall not apply to:

    ....

    (5) Any constitutionally protected activity within the firearm-free zone, such as a firearm contained entirely within a motor vehicle.

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    There was a case in New Orleans A few years ago. Someone shot a carjacker.
    Ruled self defense. I caint remember the details. I slept a few times since then.:?

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    Regular Member sraacke's Avatar
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    Gator5713 wrote:
    Oh, yeah, one more question while I have you here...
    In Texas (Technically) 'gunbuster' signs don't carry any legal weight, how about in LA?
    Nope. No legal weaight here either. The business owner can ask you to leave but you can't be charged with ignoring the 'gunbuster' sign unless you fail to leave when told to do so by the owner or someone acting on behalf of the owner. This doesn't mean some LEO who just happens to be in the business and decides to take it upon himself to harrass you. If Mr Popo aint working for the business or wasn't asked by the owner to tell you to leave you can politley tell 50 to go polish his badge.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

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    oldgoat wrote:
    There was a case in New Orleans A few years ago. Someone shot a carjacker.
    Ruled self defense. I caint remember the details. I slept a few times since then.:?
    Are you talking about this law?

    RS 14:20



    §20. 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), 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 premises 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 premises or motor vehicle, 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.

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    charlie12 wrote:
    oldgoat wrote:
    There was a case in New Orleans A few years ago. Someone shot a carjacker.
    Ruled self defense. I caint remember the details. I slept a few times since then.:?
    Are you talking about this law?

    RS 14:20



    §20. 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), 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 premises 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 premises or motor vehicle, 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.
    Yeah, That's it, Thanx Charlie12

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    Lone Star Veteran Gator5713's Avatar
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    Thanks for all the great info! It would appear that I am covered!

    The only question left would be if Louisiana makes any distinctions/exceptions/etc for commercial vehicles (Trucks)?

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