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Gun in car law

Double_J

Regular Member
Joined
Jun 21, 2006
Messages
73
Location
Kingsland/Saint Marys GA, USA
imported post

I was wondering if we have a "keep your gun in the car" law here in LA. I know that MS has one, and I thought that LA also had one but I can not find it anywhere. If anyone has a copy of it or knows where to find it please let me know. I just started a new job and the company prohibits carry inside the building, I would like to know that I can leave it in the vehicle during work hours.

Thanks,

Double J
 

XD-GEM

Campaign Veteran
Joined
Jun 5, 2008
Messages
722
Location
New Orleans, Louisiana, USA
imported post

I don't believe that a contract can abrogate a state law. The law prohibits an employer from prohibiting your storage in an automobile. Therefore they can't ask you to sign such a contract. That would be like them having you sign a contract saying that it's OK to discriminate against you based on your race or religious preference. However, I am not a lawyer, so I could be wrong.
 
Joined
May 19, 2007
Messages
2,269
Location
baton rouge, Louisiana, USA
imported post

Anyone can sign away any of their rights, as long as it's done KNOWINGLY and WILLINGLY and not under duress.
Example: a "law enforcement officer" stops you, wants to search your vehicle. Sure you have a right to be protected and free from unreasonable searches without a warrant, but if you're stupid enough to sign his "consent to search" form, shame on YOU.
Same applies here.
 

XD-GEM

Campaign Veteran
Joined
Jun 5, 2008
Messages
722
Location
New Orleans, Louisiana, USA
imported post

mark edward marchiafava wrote:
Anyone can sign away any of their rights, as long as it's done KNOWINGLY and WILLINGLY and not under duress.
Example: a "law enforcement officer" stops you, wants to search your vehicle. Sure you have a right to be protected and free from unreasonable searches without a warrant, but if you're stupid enough to sign his "consent to search" form, shame on YOU.
Same applies here.
I understand that, but I think this is a slightly different situation. the "store your gun in your car" law has nothing to do with a right. It is a law that prohibits a specific action, namely it prohibits an employer from prohibiting the storage of a firearm in an employee's car. I don't think that you can legally agree to violate a law - at least not without some penalty.
 
Joined
May 19, 2007
Messages
2,269
Location
baton rouge, Louisiana, USA
imported post

Anyone can sign any contract, agreeing to anything. Sure, the state law says an employer cannot prohibit you from storing a gun in your vehicle. But that same state law cannot prevent you from entering into a contract between you and the property owner.
The right in question is your right to do what you want in your vehicle. In Louisiana, your vehicle is (for the time being) considered an extension of your home. The state law in question is merely further enhancing that right. It's an interesting scenario, I'm sure it'll be in the courts sooner rather than later.
Don't expect lawyers to always be right, either, as they make mistakes, too. Only difference is, when a lawyer makes a mistake, their "mistake" goes to the parish prison or Angola.
 

lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,196
Location
Elgin, Illinois, USA
imported post

I suspect the state could pursue action against an employer who violates the act without regard to the employee’s initial waiver or contract.
 

chad pf-9

Regular Member
Joined
Oct 30, 2008
Messages
50
Location
Laplace, Louisiana, USA
imported post

I work at a chemical plant on the river,& just got an Email,with a change in company policy to the change in law,regarding keeping a firearm in your vehicle.
heres what I got from work:
Code:
Performance Guidelines                |   Removed sentence from II.C.7:  Use or         |
|                                      |   possession of weapons, ammunition, or         |
|                                      |   explosives on site property.                  |
|                                      |   Replaced with:  Use or possession of weapons, |
|                                      |   ammunition, explosives or fireworks on site   |
|                                      |   property, or in the workplace.  [color="red"]Lawfully-owned|
|                                      |   firearms are allowed in privately owned,      |
|                                      |   locked vehicles, in the site employee and     |
|                                      |   contractor parking lots, outside of the       |
|                                      |   secured site perimeter                  [/color]      |
 

XD-GEM

Campaign Veteran
Joined
Jun 5, 2008
Messages
722
Location
New Orleans, Louisiana, USA
imported post

Well, I sincerely hope you're not right about this, Mark (although you most certainly are usually correct). I'm counting on the new law to protect me against exactly this sort of situation. It may eventually have to be litigated, but I'd argue thatone's employer cannot, as a condition of your employment, havesomeone agree to work in a place that knowingly violates a law.

For example, you could not be forced to sign a contract that states you agree to work in a place that is hazardous and unsafe because of gross and purposeful violations of OSHA requirements. If you were, then the employer would be taken to task for it.

For the law on gun storage in one's car , however, there is no penalty specified in the law. A penalty clause was debated, but it was dropped from the final version. I'm unsure how the courts would determine a penalty for a violation of this law.
 
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