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.