Car carry in Louisiana and Mississippi


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repsychler
March 21, 2007, 07:46 AM
Over the Easter holiday I'm going to be driving from Texas to Mississippi. I don't have a carry license, but I can have a gun in my car in Texas. What about LA and MS?
According to packing.org it should be OK:
LRS 14:95.2 (C) (5)
Implies that a firearm contained entirely within a motor vehicle is in a constitutionally protected area and can not be regulated by the state. Our State Constitution only specifically gives the Legislature the power to regulate the concealed carry of weapons. (So anyone can carry a loaded firearm inside a motor vehicle in LA.
97-37-1.(2)
It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

Any LA or MS residents want to give me the straight scoop on what would happen on the odd chance that Johnny Law finds out about it? Would it be different in NOLA vs more rural areas?

Thanks in advance.

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JWarren
March 21, 2007, 08:57 AM
I am no lawyer, and I'd suggest you do some research.

These sites can help you:


For Mississippi:

http://www.lcav.org/states/mississippi.asp

Based upon section 97-37-1(2) (providing that any person over age 18 may carry a firearm concealed within his or her own home, place of business, real property associated with the home or business, or any motor vehicle), the Attorney General of Mississippi has opined that a person may legally transport a weapon within a vehicle, whether or not he or she has obtained a permit. 1991 Miss. AG LEXIS 951 (Dec. 4, 1991). Furthermore, any person over the age of 18 years may carry a concealed weapon within a motor vehicle anywhere within the state without violating the concealed weapon law. Op. Att’y Gen. 1999-0304, 1999 Miss. AG LEXIS 199 (June 18, 1999).


For Louisana:

http://www.lcav.org/states/louisiana.asp

Basically, Louisana had practically nothing to say. However, every one I know there understands that thier vehicle is an extension of the home and carry a firearm in the vehicle.



John

Malone LaVeigh
March 21, 2007, 12:05 PM
Furthermore, one of the legal defenses expressly allowed for concealed carry without a permit in Mississippi is: (language not exact here) "while traveling or preparing to travel."

wdlsguy
March 21, 2007, 02:50 PM
I don't have a carry license, but I can have a gun in my car in Texas.
You should get one. That way you don't have to rely on Texas' murky "traveling" defense. Also, Louisiana and Mississippi honor a Texas CHL.

45crittergitter
April 3, 2007, 09:11 PM
In MS, if you are over 18, not otherwise prohibited from having a gun, and not under the influence or committing another crime, it is completely legal to have a gun in your car, concealed or not, loaded or not. The only exceptions would be on the Natchez Trace (National Park), other National Parks (Vicksburg Military Park, etc.), or possibly on school camupses, or posted private property.

The "traveling defense" is weak (and now unnecessary). That statute only creates a defense to be introduced AFTER you get to court, and does not create an exemption. The judge may or may not recognize the defense. Again, it's unnecessary for the most part, and is a leftover from before the law allowed adults to carry in cars without permits.

Max Beep
April 3, 2007, 09:34 PM
Packing.org has a lot of information on what is legal in the different states as it pertains to ccw and reciprocity between states.

trueblue1776
April 3, 2007, 09:45 PM
I wouldn't worry about it, at all. Everybody carries a gun down here.

XavierBreath
April 3, 2007, 09:56 PM
In Louisiana, a vehicle that you own is considered to be an extension of your home. If you own the vehicle, and are able to legally own the firearm, you may carry it in any condition, loaded or not, hidden or not, inside your automobile. The one place that you cannot carry it is concealed on your person, unless you have a valid Louisiana CCW license or one with reciprocity.

That being said, be careful on Interstate 10. Many out of state cars are pulled over on I-10. If the officer asks if you are armed, you should tell him. If you do have a valid CCW license or one with reciprocity, you have a duty to inform as soon as the officer greets you.

Dead
April 3, 2007, 10:13 PM
What is the law on open carry in LA? Specifically when one is NOT on their own property but in the public domain?

LostCajun
April 4, 2007, 01:43 PM
Dead: Open Carry is legal, but not smart.

Phaetos
April 4, 2007, 03:17 PM
If the officer asks if you are armed, you should tell him. If you do have a valid CCW license or one with reciprocity, you have a duty to inform as soon as the officer greets you.

La. statutes say that you MUST inform the officer. State law.

XavierBreath
April 4, 2007, 05:17 PM
La. statutes say that you MUST inform the officer. State law.I am unaware of this La. statute. Can you cite it for me?

It is my understanding that the duty to inform only exists if the weapon is concealed on your person, not within your vehicle. Thus if the weapon is concealed within your vehicle, but not on your person, and if the officer does not ask, the duty to inform does not exist.

If there is a duty to inform under these circumstances, and a Louisiana statute stating such, please provide a link. I would hate to be wrong on this.

Nio
April 4, 2007, 05:34 PM
Louisiana: The duty to inform is only if you are concealed carry - even inside the car. If the gun is in the glove box or center concole, you do not have to inform. A car is an extention of your home in Louisiana. We have both the castle doctrine and what is known as the 'shoot the carjacker' law. If you do shoot a carjacker, though, the magic words are, "He/she tried to enter the vehicle." Make sure you say that.

Mississippi: You are allowed to carry in the car, but I don't know what the duty to inform is. I've never had trouble.

Nio
(New Orleans)

Phaetos
April 5, 2007, 05:03 PM
Xavier, I was refering to the statement about CCW. If it is concealed on your person when stopped, you must inform.

XavierBreath
April 5, 2007, 06:49 PM
Xavier, I was refering to the statement about CCW. If it is concealed on your person when stopped, you must inform.So we agree. The OP stated he did not possess a CCW license. Good deal!

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