Saturday, October 08, 2005

The Florida Gun Law

I've been reading the Carnival of Cordite, and the blogoshere has been debating the new Florida Gun Law. Instapundit has covered it, and another article is here.

Frankly, I don't see the controversy. Here in Louisiana we have had a law like that for years, and our legal system has covered it with a simply elegant legal solution: Your car is an extension of your home. Whatever is legal in your home is legal in your car. Isn't that simple?

Of course, here in Louisiana, we are adamantly pro Second Amendment. Open carry is legal. Except for minors and convicted felons, anyone can own a gun. There is no registration, and you only need a permit if you intend to carry concealed.

If you park your car in a parking lot at work, we all assume there might be a firearm inside. If you take your gun out of your car and wave it around, you might be in violation of one of a number of laws, including disturbing the peace, which forbids conduct that "might reasonably alarm the public". Of course, if you have a firearm in your car in plain view, and you lock your car and go inside a store only to return and find someone has broken your window and stolen your gun, you have only your own dumbass to blame. The cops will come out and do a burglary report, but hey, give us a break. You're a dumbass.

Now, I can hear the scoffers: "Pawpaw. I can have sex in my home. Can I have sex in my car?" Sure, if the curtains are pulled. If you aren't doing anything that might alarm the public. If you are having sex in your home, in front of an open picture window, in plain view of the public, you might get a knock on the door. If you are having sex in your car, a cop might tap on the window. Elegant, isn't it?

Okay, Pawpaw, another question: "Can I play my music as loudly as I want to in my car?" No, but you can't play your music as loudly as you want to in your home. If someone complains, and the police show up and can hear it from the street, you are going to be told to turn it down. If you are playing your car stereo so loudly that I can hear it from the street, I am going to tap on your window. Simple.

Your car is an extension of your home. Elegantly simple.

Once you step outside your home, you are in the public. Once you step outside your car, you are in the public. Some laws change, some laws don't. You are expected to know the difference.

Louisiana has had a law like the Florida law for as long as I can remember. It sounds to me like Florida has had a long overdue attack of common sense. Your car is an extension of your home. Say that a couple of times quietly.

Elegantly simple.

2 comments:

Anonymous said...

Kansas has an open carry law here, but no conceiled carry. I have seen more than one cop freak out over someone walking down the street with a pistol strapped legally to their leg.

Anonymous said...

...secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...

Yea, I think a car or truck comes under "effects" in this situation. (Computer records should fall under "papers", but that's a different rant.)

'Course here in Maryland, the supreme law is selectively applied. Your rights to transport or store your property in your vehicle has been modified by local statute. Don't forget to go directly home after leaving the range, even a stop at the drive-through Burger Fling is a felony.

And you know what that means, local police get “one more gun off the street”. Hey, I feel safer already!