IE Warning
YOUR BROWSER IS OUT OF DATE!

This website uses the latest web technologies so it requires an up-to-date, fast browser!
Please try Firefox or Chrome!
 
 
 

Middle District ruling striking Baton Rouge gun ordinance getting national attention

BY

 

2 COMMENTS

 

Second Amendment

Over at the Washington Post, the Volokh Conspiracy has made note of the Middle District’s ruling in Taylor v. City of Baton Rouge (M.D. La. Aug. 25, 2014) striking Baton Rouge’s local ordinance prohibiting the possession of a firearm within a motor vehicle anywhere on the premises of business selling alcoholic beverages, even in the parking lot.

This decision was really a no-brainer.  Although local ordinances passed before a certain date are not preempted by state firearms laws, Louisiana has long recognized that carrying completely within a motor vehicle is constitutionally-protected.  The legislature even explicitly said so explicitly, exempting from the firearms free zone law “[a]ny constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.” La. Rev. Stat. 14:95.2.

What really tilted the balance in this case, though, is that a person couldn’t even go to Walmart with a firearm in their vehicle without violating the law. It was simply too onerous.

COMMENTS

  • cellblock776

    August 28, 2014., 3:26 pm / Reply

    How will this ruling affect those of us who may carry our guns either concealed or openly into a gas station or grocery store where alcohol is sold? I open carry every day in Baton Rouge and rarely leave my guns locked in my car.

  • Owen Courreges

    August 30, 2014., 2:12 am / Reply

    Cellblock, This ruling enjoins enforcement of the local Baton Rogue ordinance in its entirety, so at least as far as that statute goes, it's eliminated for now. I don't believe any provision of state law is an issue.

LEAVE A REPLY

Your email address will not be published. Required fields are marked *


Parse error: syntax error, unexpected ';' in /home/courrege/public_html/wp-content/themes/ingrid/footer.php on line 74