laws regarding gun safes...

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Old Mar 20, 2013 | 07:49 AM
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From: off the path in Louisiana
Question laws regarding gun safes...

I tried some searching but couldn't find anything really for the state of Louisiana. I have a good size safe, and i'm curious as to the laws regarding me having to open it for police in case of something happening.

i know they would HAVE to have a search warrant, but would that search warrant give them the right to search a locked safe? what if i didn't know the combination?

again, all this IS hypothetical. i believe that in your vehicle when you are pulled over, if the compartment is locked, they aren't able to search without a warrant.

any help?
 
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Old Mar 20, 2013 | 08:24 AM
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It depends on the language in the warrant but They'd be able to enter your safe depending on the item sought in the search warrant.
Drugs, for example, can be hidden just about anywhere. So if the warrant gives them authority to enter and search the entire premises for drugs, then your gunsafe is likely to be fair game.


The contents of a car safe would not be in plain view, so they would need your consent or a search warrant to get into the locked safe.
In either case (house & car), if they have a valid warrant, the fact that the safe is locked is irrelevant.


*note* the above is NOT legal advice. This is all part of a hypothetical discussion
 
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Old Mar 20, 2013 | 11:04 AM
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From: In a house, in a small town
Four words.....

Get a search warrant. End of story
 
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Old Mar 20, 2013 | 11:23 AM
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I do not recall the jurisdiction or specific circumstances but am pretty sure it was western US and recent cases. It had to do with search warrant limits not applying to vehicles to the same measure as that of a residence (vis-a-vis a home vs a camper or motor-home). Summation was if I recall that a warrant was not required for various reasons, probable cause was sufficient. Best advice is ask an actual lawyer familiar with the area, both geographic and legal.
 
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Old Mar 20, 2013 | 10:23 PM
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Might cost a few bucks, but if I really wanted to know, it might be worth having a lawyer find the exact answer to my hypothetical question.

I too am curious what the answer is. Anyone who legally owns fire arms should be.
 
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Old Mar 21, 2013 | 06:45 AM
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I know in the part of Florida I live in. A search warrant and no safe combo equals me coming out and drilling the safe open.
 
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Old Mar 21, 2013 | 07:05 AM
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Originally Posted by far-trader
I do not recall the jurisdiction or specific circumstances but am pretty sure it was western US and recent cases. It had to do with search warrant limits not applying to vehicles to the same measure as that of a residence (vis-a-vis a home vs a camper or motor-home). Summation was if I recall that a warrant was not required for various reasons, probable cause was sufficient. Best advice is ask an actual lawyer familiar with the area, both geographic and legal.
If your memory is correct, I'd have to say that would have come from the 9th circuit court. That decision would be so backward and out of touch it's the only place it could have originated.

There are three ways to find things, a search, inventory, or in plain view. If some thing is found by search there are only three authorities for that search and they are by consent, warrant, or border security (only used when crossing the border). An inventory is only conducted if the person is arrested antheirer vehicle is being impounded. The inventory is performed as a way to ensure nothing is removed from the vehicle and is not a search.
 
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Old Mar 22, 2013 | 10:32 PM
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The only thing that will help is a tin foil hat!
 
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Old Mar 23, 2013 | 12:00 AM
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If they have a search warrant and you don't open the safe for them they will destroy the safe getting it open either by drilling it, prying it, or having a professional open it. The safe will get opened if they have a warrant. The only thing you have a say in is how it is opened. The easy way or the hard way. If you "forgot the combo" they probably couldn't prosecute you for that unless they could actually prove that you knew it and were not telling them so hopefully you're a really good liar. If the police have a search warrant for your house or safe I would definitely be calling a lawyer. The system really sucks.
 
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Old Mar 23, 2013 | 05:52 PM
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From: off the path in Louisiana
for instance:

moving across several different states with different gun laws in each. I have my weapons in my safe in the uhaul. not all my weapons are registered (some under the table deals, some craigslist etc) the officer asks me if i have any weapons on board..

i answer:?

also, lets assume this officer is new and jumpy and for some reason mistakes my white country boy a@@ as a border jumping slurpy server and decides to get an atitude. (i've heard many different horror stories, but personally have never had a problem. its still something i've often wondered)
 
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Old Mar 24, 2013 | 08:02 AM
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Your answer is they are locked up in a safe in the U-Haul. I would check the state laws where you are moving to. Some of the more liberal states only allow you to bring a firearm (might only be pistols) into that state via a licensed firearms dealer. It is completely stupid and ignorant that you have to go to a firearm dealer and mail your firearms to a dealer near your new place, so you can pick them up.
 
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Old Mar 24, 2013 | 04:23 PM
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From: missing Texas...
don't forget the PTSD stuff, that may also bring on a whole new level
 
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Old Mar 25, 2013 | 02:35 PM
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From: off the path in Louisiana
Originally Posted by tarajerame
don't forget the PTSD stuff, that may also bring on a whole new level
exactly what i was going after. with all the talk of mental health and gun laws, i'm trying to think of all the scenarios
 
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Old Mar 29, 2013 | 01:19 PM
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From: missing Texas...
best thing I would do is contact the state HQ's of the highway patrol of the states you will be traveling thru and see what they can direct you towards
 
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Old Mar 31, 2013 | 06:57 PM
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"what if i didn't know the combination"

I'm sure you're the first one to come up with that brilliant idea!

And as far as searching your vehicle, they aren't allowed to search that without a warrant either, unless you consent to search.
The funny part about that is, if you don't consent to search, they will tow and impound your car until they get one!
LOL MERIKA !

"If you have nothing to hide you have nothing to worry about" - right ?
 
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