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re: Can you have a handgun with one in the chamber in your truck in Louisiana?

Posted on 12/15/17 at 9:48 pm to
Posted by Twenty 49
Shreveport
Member since Jun 2014
18732 posts
Posted on 12/15/17 at 9:48 pm to
quote:

Can anyone cite the specific statute or law pertaining to this this? He wants proof. They told him it was the law.


They are idiots,

There is no statue that says that you can, but you can because there is no statue that says you can’t.

There is no statute that says you can fart or breathe, but you can and it’s legal.
Posted by Tiger Prawn
Member since Dec 2016
21856 posts
Posted on 12/15/17 at 9:53 pm to
RS 14 Sec 95

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;


On one’s person is the key word. Glove box, under the seat or in the center console isnt his person, so he’s good to go as long as its not hidden inside his waistband or jacket (unless he has a CCP)
Posted by LEASTBAY
Member since Aug 2007
14265 posts
Posted on 12/15/17 at 9:56 pm to
Pretty sure you can have it in wasitband or jacket if you're inside of vehicle without a ccp. As long as you're not pointing it at people you can do whatever the frick you want with it inside your vehicle.
Posted by Tiger Prawn
Member since Dec 2016
21856 posts
Posted on 12/15/17 at 10:00 pm to
Maybe but I wouldn’t wanna test my luck with legal interpretations. If I have mine in the truck with me, its either in my center console or in an open carry holster
Posted by NELARiceGuy
NELA
Member since Nov 2015
97 posts
Posted on 12/15/17 at 10:12 pm to
if its wrong i dont want to be right...

Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 12/15/17 at 11:42 pm to
quote:

a car is considered an extension of your home.


A car in LA is a constitutionally protected area, not a extension of your home. There are many things law enforcement can do with your car that does not apply to your home. For example searching your home requires your permission, or a search warrant, searching your car only requires your permission or probable cause.
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 12/15/17 at 11:46 pm to
quote:

There is no statue that says that you can, but you can because there is no statue that says you can’t.


Laws are written to prevent certain behaviors, not allow them. We are born with the right to do anything we want unless prohibited by law, not the other way around.
Posted by CLane33
Member since Sep 2016
474 posts
Posted on 12/15/17 at 11:59 pm to
My concealed carry class went over having a gun in your vehicle and didn’t mention anything about it.

Always thought your vehicle was like an extension of your home. Do or keep whatever you want in it unless you park inside of a plant or something.
Posted by Reelscreamers
Member since Aug 2011
120 posts
Posted on 12/16/17 at 5:04 am to
You can carry a firearm loaded or unloaded in your vehicle. In layman's terms it is considered an extension of your home in La. It can be concealed anywhere in the car or on your person while you are in the vehicle. Once you step out of that vehicle you need the CC permit or it has to be in plain view as La. is also an open carry state. As for the search of your vehicle, there are instances where it can be searched on probable cause alone, just like your home, otherwise just like your home they would need permission or a warrant to search but we are getting into a much more detailed discussion.

As for pointing to a statue he has that confused, statues are written to regulate activity so they are only restrictive, it is the absence of any statue saying that it is regulated that allows those activities to take place so there is no written word to show. But if he wants to argue it, let him carry an empty gun, might be better that way.
Posted by LongueCarabine
Pointe Aux Pins, LA
Member since Jan 2011
8205 posts
Posted on 12/16/17 at 5:51 am to
quote:

There's always 5 to 8 in the chamber.



My H&R Sportsman 999 has a capacity of 9.

I don't use it for personal protection, though.
Posted by 10MTNTiger
Banks of the Guadalupe
Member since Sep 2012
4139 posts
Posted on 12/16/17 at 5:55 am to
Here is the relevant statute, as others have already said the law does not prohibit you from carrying a loaded handgun.

§292.1. Transportation and storage of firearms in privately owned motor vehicles
A. Except as provided in Subsection D of this Section, a person who lawfully possesses a firearm may transport or store such firearm in a locked, privately-owned motor vehicle in any parking lot, parking garage, or other designated parking area.
B. No property owner, tenant, public or private employer, or business entity or their agent or employee shall be liable in any civil action for damages resulting from or arising out of an occurrence involving a firearm transported or stored pursuant to this Section, other than for a violation of Subsection C of this Section.
C. No property owner, tenant, public or private employer, or business entity shall prohibit any person from transporting or storing a firearm pursuant to Subsection A of this Section. However, nothing in this Section shall prohibit an employer or business entity from adopting policies specifying that firearms stored in locked, privately-owned motor vehicles on property controlled by an employer or business entity be hidden from plain view or within a locked case or container within the vehicle.
D. This Section shall not apply to:
(1) Any property where the possession of firearms is prohibited under state or federal law.
(2) Any vehicle owned or leased by a public or private employer or business entity and used by an employee in the course of his employment, except for those employees who are required to transport or store a firearm in the official discharge of their duties.
(3) Any vehicle on property controlled by a public or private employer or business entity if access is restricted or limited through the use of a fence, gate, security station, signage, or other means of restricting or limiting general public access onto the parking area, and if one of the following conditions applies:
(a) The employer or business entity provides facilities for the temporary storage of unloaded firearms.
(b) The employer or business entity provides an alternative parking area reasonably close to the main parking area in which employees and other persons may transport or store firearms in locked, privately-owned motor vehicles.
Posted by X123F45
Member since Apr 2015
27351 posts
Posted on 12/16/17 at 6:17 am to
quote:

Also, you cannot carry it concealed ON YOUR PERSON inside the vehicle UNLESS you have a concealed carry permit


Posted by Cowboyfan89
Member since Sep 2015
12706 posts
Posted on 12/16/17 at 7:08 am to
quote:

My nephew said he was told by two different people that it was illegal to have a handgun in your truck with a round in the chamber.


Either way, I wouldn't have it in a place that I would be reaching for if stopped by a cop. Or I would tell him.

That would be a real shitty day to get pulled over and then have a cop watch you fumbling around in a glove box or console with a loaded weapon.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
66763 posts
Posted on 12/16/17 at 7:46 am to
It’s a non-issue if you’re not stupid.

Leave the glove box closed, hands on top the steering wheel. When he asks for your registration and proof of insurance tell him it’s in the glove box and you have a loaded gun in there. They will usually just thank you and tell you to get your information out. Only once out of several stops have I had an officer do anything different. He was young, asked if I minded him getting the paperwork himself. I let him, he got the information, asked me how I liked the Shield since he was thinking abut it getting one for his wife. Have yet to have a problem or even get a ticket.

Don’t be a dick, don’t be a dumbass, and don’t be doing highly illegal shite.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 12/16/17 at 9:36 am to
quote:

No. We call it the five second rule that the criminal must give you to load up when shite goes down
I literally lol'd.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 12/16/17 at 9:36 am to
quote:

No. We call it the five second rule that the criminal must give you to load up when shite goes down
I literally lol'd.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 12/16/17 at 9:36 am to
DT'd
This post was edited on 12/16/17 at 9:37 am
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 12/16/17 at 9:46 am to
The law you quoted is the "Take Your Gun to Work" statute that was enacted a few years ago. Unless you're dealing with a property owner or employer who has prohibitions, there is no requirement for "locked, privately-owned motor vehicle" when it comes to carrying a loaded weapon in your vehicle.

As was noted earlier, in Louisiana, unless there is a statute forbidding an action, then it's legal to engage in said action. Unless you're a felon, or otherwise prohibited, it's perfectly legal to carry a loaded weapon in your car/truck/motor home.
Posted by Bow08tie
Louisiana
Member since Oct 2011
4220 posts
Posted on 12/16/17 at 9:49 am to
Does no good to not have a round in the chamber when CC'ing or having firearm in vehicle
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89483 posts
Posted on 12/16/17 at 9:50 am to
quote:

My H&R Sportsman 999 has a capacity of 9.


Mrs. Midnight has a snubbie with 8 .357 Magnum - it's an N-frame, so it can also be used to beat a MFer upside the head if 8, in fact, ISN'T enough.
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