NRA-ILA :: Louisiana Attorney General Issues Opinion on State Parking Lot Law
         
 
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Louisiana Attorney General Issues Opinion on State Parking Lot Law
 
Friday, September 25, 2009
 

This week, Attorney General Buddy Caldwell (D) issued an opinion upholding the validity and enforceability of state law allowing employees and customers to transport and store lawfully-possessed firearms in their locked, private motor vehicles in parking areas controlled by employers or businesses. 

In his opinion, Caldwell clearly states that "[T]here are no express, field, or conflict preemption issues involving La. R.S. 32:292.1, with regard to the federal Occupational Safety and Health Act, the Maritime Transportation Security Act of 2002, Chemical Facility Anti-Terrorism Standards, or any safety/security plans submitted pursuant to each."  In other words, employers, companies and facilities that have been refusing to comply with the 2008 statute can no longer claim that current OSHA or Department of Homeland Security regulations supercede state law and allow them to completely ban firearms from vehicles in their parking lots.  (Note: state law does provide that firearms may be restricted IF the parking area is secure AND the property owner provides facilities for the temporary storage of firearms OR provides an alternative parking area where firearms are allowed to be stored in private vehicles.  You can read the opinion in its entirety by clicking here.

 

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