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CCW in Louisiana opinions?

4K views 26 replies 9 participants last post by  myusername 
#1 ·
The situation has developed that I am considering taking a job just outside of New Orleans, LA. One of my major concerns is CCW laws, because I plan to EDC (if at all possible). I've had a chance to look over the most obvious of LA law, but I figured the best way to get "the real story" is to talk to some CCW'ers who already live there and carry.

A couple of specific things I'm curious about.

Local laws - In Texas, municipalities are prohibited by state law from regulating the possession or carry of firearms (though some of them do anyway). This is really handy, and I'm wondering if LA has anything similar.

Restricted places of carry - Are there any sneakily worded or just plain dumb ones? I noticed that ALL churches are off-limits, as opposed to Texas, where the church has an option. This blanket restriction is unfortunate, and will force me to disarm while worshiping. :frown:

Castle/Duty to Retreat/etc - What's LA's status on all these? Is the condition for actually protecting myself the same as most other states (fear of death or serious bodily injury), or are there any hoops to jump through to be sure I don't step in a giant legal turd if, God forbid, I do ever have to use my weapon in self-defense.

Anything else I forgot. I'm trying to get a feel for what CCW is like over there, specifically near New Orleans. Do people look down on us? Do the cops fear us? Any actual links to LA law would be very helpful too, as I continue my research. Thanks.
 
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#3 ·
EDC...



EDC...'every day carry'...I had to ask once, also...

ret:urla9ub:
 
#4 · (Edited)
OK, so I'm ADEDCEFPOMC, All Day Every Day Carry Except Federal Property Or Mayo Clinic....:rofl:

On a serious note, I did go to handgunlaw.us to look over some info--one interesting law was prohibition of carry at a parade or demonstration; it seemed obvious that it was aimed at Mardi Gras type events. Anyway, here's a good link for you: http://www.lsp.org/handguns.html I'd be sure to pay special attention to "Prohited Locations" and "Duties of Permitees" there.

As a personal observation and opinion, I'd guess the cops there are about disarming folks given their Gestapo-like practices during the Katrina crisis. And, in spite of the NRA's efforts, Ray Nagin is still around.
 
#5 ·
Bob,
Uncle Sam saw fit to station me in New Orleans (I live about 15 miles south, work in downtown and commute through the Central Business District and French Quarter every day), and I've been here about 7 months. Here's some points I'd like to pass on.

1. Local laws - there aren't really any local laws, per se, that you have to worry about. However, you do have to worry about local law enforcement officers. It is a sad fact of life that many NOPD officers are not trained to even marginal standards. I have heard from a couple different people they are confiscating weapons if they find them, for instance, during a traffic stop and the operator does not have a receipt to prove the weapon is his. I'm still trying to confirm that, but take it FWIW and know New Orleans is known for corruption at all levels.

2. Restricted places of carry - download the PDF available from the LSP website, and study it hard. The biggest thing that will get you is the class whatever license for bars ... I still can't remember the particulars, but I try to stay away from bars anyway.

3. Castle doctrine/duty to retreat - in the PDF, you'll find the statutes relating to this, but no, you do not have a duty to retreat.

4. How is CCW looked upon? A vast majority of people in downtown NOLA don't pay any attention to anyone around them. NOPD believes you should have no weapons under any circumstances. I have yet to deal with the State Police, but I think they might be a little better than NOPD. My only run in with NOPD confirmed everything I had heard about their ignorance and ineptitude.

One thing you probably want to do is print out and carry with you any laws and/or statutes regarding reciprocity. If you have a run-in with the wrong NOPD cop, that might be the only difference between going to jail or going home.

On a similar note, my rule of thumb is to be out of New Orleans before 1900. I consider about 2100-0400 to be the death hours there, and in fact, a vast majority of the shootings take place between those hours. Keep your head about you and use common sense, and you'll be just fine. Also, turn on the local news if/when you get here to get a feel for where NOT to be.

Hope this helps,
-E5T
 
#6 ·
Thanks everyone. That pretty much lays it out. Doesn't sound like it's too bad, as long as I don't run into any NO cops (quite a shame).

CCW FAQ said:
You must reside in Louisiana for six months prior to submitting your application.
:frown: hm, nuts.
 
#11 ·
I carry in LA with a FL permit. Before LA permit was good in Arkansas it is what many north LA people were getting.

Take the LA Dept of Wildlife hunter course, use that card to get the FL permit if you have not taken anything else.


The N.O. police think only they should have weapons. For the most part they do not know the law and as we saw during Katrina they do not care what the law states. I have heard of them grilling people during traffic stops, wanting to know why they got a permit, why they think they need to carry, etc.

Open carry is legal in LA, I am not brave enough to try it though. Sadly most LEO's have no clue what the law is.
 
#12 ·
Open carry is legal in LA, I am not brave enough to try it though. Sadly most LEO's have no clue what the law is.
No kidding. I didn't know that, but it's true. I suppose I could make use of that while waiting for my CCW, provided I have enough sense to stay out of New Orleans.

Anyone here familiar with living in Slidell?
 
#13 ·
LEOs in St. Tammany Parish (the "county" Slidell is in) are pretty gun-friendly, however it is probably not a good idea open carrying in a developed area - it will attract too much unwanted attention. I have oplenly carried upon occaision and have never had a problem, but things are definitely changing here post-Katrina. Concealed is all-round the best way to go. BTW, regarding the earlier comments about New Orleans LEOs - don't sweat it. While what the earlier poster said is pretty accurate, in post-K New Orleans the police are nowhere to be seen. As long as you keep a low profile, and don't behave like a drunken idiot in the French Quarter, you will not have a problem. I've lived in N.O. for 15 years, in that entire time I've had perhaps one unsolicited encounter with NOPD. For better or for worse, they do not go out of their way to find trouble.
 
#14 ·
glad to hear. So, does the open carry provision make carry in a church or a restaurant that serves alcohol legal, as long as it's not concealed?
 
#15 · (Edited)
Things in slidell are a bit tougher than the rest of the parish. The city police there are more likely to give you a hard time but they are nothing like N.O. The police in eastern st. tammany seem to be more on edge than western st. tammany.

As far as where you can not open carry I think it is a bar, schools, police station, govt. buildings. I need to look up the statutes.

IIRC there are less restrictions on open carry than concealed carry.

I was wrong so I am editing my post

The law is different for carrying a firearm, and carry a legally concealed firearm.
This would apply to open carry :
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.
I take this to mean restaurants too. They do not specify like the statutes for concealed carry do.


For Concealed Carry it depends on what alcohol permit they have. There is a general permit, that is where you can't carry. And a restaurant permit, where you can. However, the statute I posted contradicts the CCW law we have as it does not list CCW holders as an exception based on the restaurant alcohol permit.
 
#16 ·
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.
 
#17 ·
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".
 
#18 ·
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.
 
#21 · (Edited)
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.
 
#22 ·
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 :icon_neutral:

any way, seems we have a bit of a quandry ...
 
#23 ·
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.
 
#24 ·
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???
 
#25 · (Edited)
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.
 
#26 ·
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???
 
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