CCW in Louisiana opinions?

This is a discussion on CCW in Louisiana opinions? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by myusername 95.5. Possession of firearm on premises of alcoholic beverage outlet A. No person shall intentionally possess a firearm while on the ...

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Thread: CCW in Louisiana opinions?

  1. #16
    Member Array echo5tango's Avatar
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    Quote Originally Posted by myusername View Post
    95.5. Possession of firearm on premises of alcoholic beverage outlet

    A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.

    B. "Alcoholic beverage outlet" as used herein means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

    C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

    D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

    Acts 1985, No. 765, 1.
    do you have a link to this? a quick search of the revised statutes didn't turn anything up.

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  3. #17
    Member Array SVTCobra's Avatar
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    Here is a clip from the rule book:
    No concealed handgun permit issued pursuant hereto shall authorize or entitle a permittee
    to carry a concealed handgun in any of the following:
    1. a law enforcement office, station, or building;
    2. a detention facility, prison, or jail;
    3. a courthouse or courtroom, provided that a judge may carry such a weapon in his
    own courtroom;
    4. a polling place;
    5. a meeting place of the governing authority of a political subdivision;
    6. the state capitol building;
    7. any portion of an airport facility where the carrying of firearms is prohibited under
    federal law, except that no person shall be prohibited from carrying any legal firearm into the
    terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as
    lawful baggage;
    8. any church, synagogue, mosque or other similar place of worship;
    9. a parade or demonstration for which a permit is issued by a governmental entity;
    10. any portion of the permitted area of an establishment that has been granted a Class
    A-General retail permit, as defined in Part II of Chapter I or Part II of Chapter 2 of Title 26
    of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the
    premises;
    11. any school "firearm-free zone" as defined in R.S. 14:95.6;
    12. any private residence of another person, unless the permittee first receives the permission
    of that person; and
    13. any other property or premises where access by those possessing a concealed handgun
    is restricted by the property owner, lessee or lawful custodian.

    -------------------


    You can find all the info and download the rule book here:
    http://www.lsp.org/handguns.html#laws

    In class. we were told by our instructor (a Baton Rouge city police officer) that you could carry in a resturant as long as you didn't go into the "bar area".

  4. #18
    Member Array echo5tango's Avatar
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    Quote Originally Posted by SVTCobra View Post
    You can find all the info and download the rule book here:
    http://www.lsp.org/handguns.html#laws

    In class. we were told by our instructor (a Baton Rouge city police officer) that you could carry in a resturant as long as you didn't go into the "bar area".
    unfortunatley, that seems to contradict what myusername posted ... hence my request for a link to the statute(s) he quoted.

  5. #19
    Distinguished Member Array Bob The Great's Avatar
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    Quote Originally Posted by SVTCobra View Post
    In class. we were told by our instructor (a Baton Rouge city police officer) that you could carry in a resturant as long as you didn't go into the "bar area".
    Even if they serve alcohol to the tables?

  6. #20
    Member Array SVTCobra's Avatar
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    Again, this is only what the instructor told us. I have not seen it laid out in writting anywhere......

    Yes, even if it could be served at the table.

  7. #21
    Member Array myusername's Avatar
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    10. any portion of the permitted area of an establishment that has been granted a Class
    A-General retail permit, as defined in Part II of Chapter I or Part II of Chapter 2 of Title 26
    71.1. Class A permit; definitions

    The commissioner shall issue the following four types of Class A retail liquor permits:

    (1) Class A-General:

    (a) A Class A-General retail permit shall be issued only to a retail outlet where beverage alcohol is sold on the premises for consumption on the premises by paying customers. Such an establishment must be equipped with a permanent wet bar equipped with a non-movable sink and a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.

    (b) A Class A - General retail establishment shall be staffed by a bartender whose primary duty is to open and/or prepare beverage alcohol products for consumption on the premises by paying customers, or prepared with an appropriate lid or cover on the container for take out service. Such an establishment must meet all state and local health and zoning requirements as set forth by the state and by parishes and municipalities where a Class A - General retail outlet is located.

    (c) Repealed by Acts 1995, No. 1016, 2.

    (d) A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).
    FROM 26:90 (b) Permit any person under eighteen years of age to work in any capacity unless that person is a musician performing in a band on the premises under written contract for a specified period of time by the permittee, and the musician is under direct supervision of his parent or legal guardian. .........(8)(a) Employ anyone under the age of eighteen in any capacity in an establishment where the sale of alcoholic beverages constitutes its main business unless the minor is a musician performing in a band on the premises under written contract with the permittee for a specified time period and is under the direct supervision of his parent or guardian during such time. If the sale of alcoholic beverages does not constitute the main business of the establishment, anyone under the age of eighteen may be employed as long as the minor's employment does not involve the sale, mixing, dispensing, or serving of alcoholic beverages for consumption on the premises.
    (e) Notwithstanding the provisions of Subparagraphs (a) through (d) of this Paragraph, the commissioner may issue a Class A - General liquor permit to any bona fide commercial film theater which had a Class A liquor permit on January 1, 1994.

    (f) Notwithstanding the provisions of Subparagraphs (a) through (e) of this Paragraph, the commissioner may issue a Class A - General retail permit to any retail establishment for consumption on or off the premises. Such establishment must meet all state and local health and zoning requirements as set forth by the state and by parishes and municipalities where the retail outlet is located. A Class A - General retail permit issued pursuant to the authority granted by this Subparagraph shall not be deemed or qualify as a prerequisite for the issuance of any other type license or permit issued by the state or any political subdivisions thereof.

    (g) The licensed premises of a Class A-General retail permit shall be able to accommodate a minimum of twenty-five patrons and contain no less than three hundred seventy-five square feet of public habitable floor area.

    (h) The commissioner shall promulgate rules regarding requirements related to the number and location of public restrooms to be used in conjunction with the licensed premises of each Class A-General retail permit.

    (i) Any Class A-General retail permit application submitted prior to September 1, 2001, shall not be required to meet the qualifications set forth in Subparagraph (g) of this Paragraph.

    (2) Class A-Restaurant:

    A Class A-Restaurant permit shall be issued only to a "restaurant establishment" as defined by R.S. 26:73(B) and issued to a facility in conjunction with a Class "R" restaurant permit under the provisions of R.S. 26:73.
    The statute I posted earlier was the general carrying a firearm statute, which would apply to open carry which the OP was asking about. It does contradict the CCW statute as the CCW statute makes note of what type of retail permit the retailer has.

    Here is the link to the statute I posted earlier in regards to carrying a firearm (open carry) 14:95.5 http://www.legis.state.la.us/lss/lss.asp?doc=78744

    In order for you not to be able to carry in the Bar section of a restaurant they would have to have the general retail permit, in which case the bar section would have to have signage for those under 18 to not be able to enter. This is not the case in most places because they operate under the restaurant permit. I see children in the bar section of most family restaurants as it is just more seating. There also allow teens to be seated in those areas, where they are not "under the direct supervision of their parents". Some restaurants do have signs that say if you are under 18 you must be with a parent but the places I have seen this sign have been mainly a bar that happens to serve food.
    Last edited by myusername; November 16th, 2006 at 05:02 PM.

  8. #22
    Member Array echo5tango's Avatar
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    Quote Originally Posted by myusername View Post
    The statute I posted earlier was the general carrying a firearm statute, which would apply to open carry which the OP was asking about. It does contradict the CCW statute as the CCW statute makes note of what type of retail permit the retailer has.

    Here is the link to the statute I posted earlier in regards to carrying a firearm (open carry) 14:95.5 http://www.legis.state.la.us/lss/lss.asp?doc=78744

    In order for you not to be able to carry in the Bar section of a restaurant they would have to have the general retail permit, in which case the bar section would have to have signage for those under 18 to not be able to enter. This is not the case in most places because they operate under the restaurant permit. I see children in the bar section of most family restaurants as it is just more seating. There also allow teens to be seated in those areas, where they are not "under the direct supervision of their parents". Some restaurants do have signs that say if you are under 18 you must be with a parent but the places I have seen this sign have been mainly a bar that happens to serve food.
    thank you for the statute link; i don't know why my "search-fu" was so weak in finding that

    any way, seems we have a bit of a quandry ...

  9. #23
    Member Array myusername's Avatar
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    Louisiana needs to re-write a lot of things. It has an entire section on NFA weapons and in most cases simply refers to them as firearms. Because there is strict legislation in place on these weapons calling them a only a firearm causes a lot of confusion. When you are reading a particular set of pages, not from the beginning, it appears as if all firearms must be included in the regulations.

  10. #24
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    guys, I'm still not clear - it sounds like the restaraunt is OK. Since minors may be present, you can be sure the place is operating under a class A-Restaraunt, NOT a class A-General license, so technically, both open and concealed carry are permitted. There are some restauraunt bars which are posted "no minors" because of video poker. These areas do (or may be assumed to - better safe than sorry) operate under under a class A-General license and are therefore off limits. Do I have this more or less accurate???

  11. #25
    Member Array myusername's Avatar
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    The General/restaurant thing only applies to concealed carry. For open carry, which is protected under our Constitution, is subject to legislation on carrying a firearm. In Louisiana you can not carry a firearm into any place that serves alcohol. Technically this would affect Concealed Carry but since the legislation for Concealed Carry makes a distinction you can argue that as a defense. SO, for Open carry do not go in a place that serves alcohol.

    If you are carrying open no one is going to apply the concealed carry law to you, they are going to use the "carrying a firearm" statutes.

    If you are carrying concealed they will look at the Concealed Handgun Permit prohibited locations first.
    Last edited by myusername; November 17th, 2006 at 07:49 PM.

  12. #26
    New Member Array nerual's Avatar
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    Gotcha. Once again we're in one of those contradictory/gray areas. The CHRulebook specifically states "Class A - General", but I agree with your previous post, this needs to be legally clarified. Is there any attention being paid to this stuff by our lawmakers right now, or will it take a trial case to get anyones attention???

  13. #27
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    IIRC in order to get a law changed you must be injured by that law and then take it to court.

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