quote:
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.

According to that, the only policy that the business/owner could impose would be to require the firearm to be hidden from plain view or locked inside a box/case inside the vehicle.

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Posted by dawg23

Baton Rouge, La

Member since Jul 2011

5066 posts

Posted on 5/25/16 at 9:22 am to bapple

constitution

quote:
There is a grey area with this though. It's legal to have it entirely contained in your car on school property. But it most likely is a breach of school policy. If the school wanted to, upon finding out about your firearm they could expel your kid and restrict your access to school property.

This is anything but a gray area. It's really just speculative -- unless someone can point to an instance in Louisiana where this has actually happened and has been upheld.

The following statute has been posted/referenced already.

Section C.5 of Louisiana R.S. 14:95.2.[§95.2. Carrying a firearm or dangerous weapon by a student or non-student on school property, at school-sponsored functions, or in a firearm-free zone] clearly says:

C. The provisions of this Section shall not apply to:
(1) A federal law enforcement officer or a Louisiana-commissioned state or local Post Certified law enforcement officer who is authorized to carry a firearm.
(2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.
(3) Any person having the written permission of the principal or as provided in R.S. 17:3361.1.
(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3.
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

If the state constitution protects carrying a firearm in one's vehicle on school property, and if the State of Louisiana is therefore prohibited from regulating this activity (carrying a gun in a vehicle on school property), there's not much way a school can adopt a "policy" that will have any effect on this activity.

This post was edited on 5/25/16 at 10:01 am

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