Warning to Baton Rouge members who carry!

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Thread: Warning to Baton Rouge members who carry!

  1. #1
    Member Array herohog's Avatar
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    Exclamation Warning to Baton Rouge members who carry!

    We often tell people that it is legal to carry where alcohol is sold as long as the business does not allow on site consumption. This includes grocery stores or similar retailers. The problem for Baton Rouge gun owners is an old outdated City ordinance which is still being enforced.
    This has led to a Federal Civil Rights lawsuit.
    If you carry a gun in Baton Rouge, you need to be aware that you could be arrested and your gun seized by BRPD.

    Source- http://m.nbc33tv.com/w/main/story/98991954/
    BATON ROUGE, LA (NBC33) -- A Baton Rouge attorney claims his client's constitutional rights were violated when he was arrested for allegedly violating an obscure, outdated ordinance. It's an issue, he says, that could impact all gun owners in Baton Rouge.

    "I was rather shocked when I saw the charge," Joe Donahue, Jr., Associate Attorney with McGlynn, Glisson & Mouton, said. "I'm not sure how often they use this ordinance. My thought is that someone did some research to find it so it can be used to do any number of things."

    The ordinance was enacted in 1951 under the Baton Rouge City Code. It restricts the use of a "dangerous weapon, in any premises where alcoholic beverages are sold and/or consumed on the premises." It allows for an officer to confiscate any firearm or other weapon found on any person in any place where alcoholic beverages are sold or consumed.

    "If you stop at a gas station, or are in the parking lot of an establishment that sells alcohol, it's illegal in the city of Baton Rouge under this ordinance," Donahue explained. "Anyone who carries a gun in their vehicle is going to break this law at some point."

    In 1984, the Louisiana First Circuit Court of Appeal ruled that the ordinance cannot be used to search someone who is just in the parking lot of a business that sells alcohol. Instead, it only includes establishments where alcohol is being consumed.

    "The purpose is to prevent people who are drinking and get drunk from having easy access to fire arms," Donahue explained. "Immediately after the state passed that statue, the city of Baton Rouge passed one as well."

    However, the original ordinance is still on the books.

    "It's an overreach of power," Donahue said. "And, the prosecutor's office is actually prosecuting these offenses."

    Although Donahue's client had permits and legally obtained the firearms in his vehicle, they were confiscated under the 1951 ordinance. His client, who was originally pulled over because he did not have his headlights on, has not had his firearms returned since they were taken on October 13, 2012.

    "We've requested the return of his guns and that they drop the charges and they declined to do either," Donahue explained. "They say they are evidence of his offense."

    Donahue filed a lawsuit in Federal Court on Tuesday, Sept. 3 against the City of Baton Rouge, former Chief of Police Dewayne White [because the incident occurred in October 2012 under his leadership], current Chief of Police Carl Dabadie, Jr. [because the law continues to be enforced under his leadership], Parish Attorney Mary Roper, City Prosecutor Lisa Freeman, and three Baton Rouge Police Officers who were present during the arrest.

    "The Baton Rouge Police Department, with the blessing of its chief of police, have been arresting people and depriving them of their fire arms under this ordinance that is overly-broad and unconstitutional. The city attorney and prosecutor should be aware that they have no right to enforce this law," Donahue said. "That's why they're all named in the complaint."

    Donahue's hope is to prevent the ordinance from being used in future cases.

    "An injunction can be issued to say that you are not able to enforce this law anymore because it's unconstitutional," Donahue said.

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  3. #2
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    Thanks for posting. I'm not against it at all, but I don't often OC. However, good info for everyone to know while in BR and I hope they get that worked out some how? I can't recall it exactly right now, but it seems like something similar about guns in the BR city parks?

    Just to clear it up, that is not a Louisiana state law, it is a city of Baton Rouge law.

    As far as quirky laws, and/or laws that contradict each other. That's everywhere to some extent, not just Louisiana.
    herohog and gatorbait51 like this.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    Distinguished Member Array brocktice's Avatar
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    Does Louisiana have state preemption? *goes and looks*
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    Yes BUT there IS a cut off date that bites us in the tail every now and then and this is one of those cases...

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    Distinguished Member Array brocktice's Avatar
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    Ah they have preemption but grandfathered laws from before 1985. What the heck?
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    Distinguished Member Array brocktice's Avatar
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    I'll be carrying in LA this year so thanks for the heads-up!
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    Distinguished Member Array oldman45's Avatar
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    I might add that there are other cases of similar things happening across the entire US. OUtdated laws keep popping up as well as Judges having differeing views as to what a law says. Please note that there are nine Justices on the US Supreme Court and they cannot agree on what the law says.

    Also, there are often police making arrests with charges that are later dropped. People seldom here about them due to suits not being filed. Yet the people have to hire lawyers that work to get the charges dropped. I am currently working such a case where it looks like a lady will have charges against her dropped but she forfeits her firearm (still in mitigation). In exchange for all this, she has to agree to hold the City blameless.

    Just as the Mayor of Shreveport, LA says a person loses all his Rights while stopped or detained by a police officer, other areas have some wrong ideas about what the law actually says or means. Some look at the wording of the law when there may ben hundreds of Judges that have ruled differently in cases falling under a law.
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    The D.A. in East Baton Rouge Parish is politically ambitious . Surprise, surprise, surprise.
    Shreveport's mayor is a *gasp* Democrat ,also having ambitions for higher office.

    Both come from a background of , wait for it, community organizing. .. Any wonder why gun rights are ignored ? Toss in Mary Brownroot's little brother in New orleans...
    oldman45, CCIE33560 and Aceoky like this.

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    Sounds like time for a complete preemption legislative push for LA.
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    Retired USAF E-8. Lighten up and enjoy life because:
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    Senior Member Array denclaste's Avatar
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    We are driving across the state this holiday season; now I know we have to avoid the Baton Rouge area.They just lost the money we would have spent on fuel, food, and RV park fees.
    Dennis
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    Sad thing is, the law they are using WAS superseded by a newer law and the old law SHOULD be ignored/removed!

    The victims SHOULD win in court...

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    Quote Originally Posted by herohog View Post
    We often tell people that it is legal to carry where alcohol is sold as long as the business does not allow on site consumption. This includes grocery stores or similar retailers. The problem for Baton Rouge gun owners is an old outdated City ordinance which is still being enforced.
    This has led to a Federal Civil Rights lawsuit.
    If you carry a gun in Baton Rouge, you need to be aware that you could be arrested and your gun seized by BRPD.

    Source- http://m.nbc33tv.com/w/main/story/98991954/
    Commicrat Mayor(thanks LSU professors and trial lawyers ) appoints the Police Chief in his image .. quelle surprise!

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    Thumbs up

    Good info guys. My daughter just moved to Louisiana, Baton Rouge area east. I travel that way at least twice a year and always have a trooper or local pd/sheriff bumper ride me then pull away. Just make sure all licenses, registrations and proof of insurances are easy to access without having to reach. Get a little nervous on Highway 190 east of big stck, so may just drop further south to 10 from now on. Thanks for the info guys
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    Quote Originally Posted by OldVet View Post
    Sounds like time for a complete preemption legislative push for LA.
    I agree. We would love to see that happen. The reason this post is here is that I saw the article and posted that info to our group. We always tell people that while state law Revised Statute 14:95.5 restricts carry in places that serve alcohol for on site consumption and not places like grocery stores and gas stations, we have to remind people of what we call the "Legal Landmines" which are still out there. Like old landmines that sit for years after a war ends only to blow up some poor unsuspecting farmer who is out tending his crops, these old, out dated local ordinances are still on the books and can blow up on you if you accidently step on them.
    The Baton Rouge ordinance is one such example.
    There is another one in the town of Abbeville banning carry of firearms anywhere in the City Limits- ARTICLE II. - OFFENSES AGAINST THE PUBLIC
    Sec. 13-21. - Illegal possession of a firearm.

    (a)
    It shall be unlawful for any person to carry or possess on his person, whether concealed or not, any pistol, handgun, rifle, shotgun or other firearm. Provided, however, that the provisions of this section shall not apply to any law enforcement official engaged in the exercise of his official duties; nor shall it apply if the person possessing or carrying the firearm is located within the structural confines of his residence or business establishment.

    (b)
    It shall be an affirmative defense to the prosecution of this section if the firearm is secured by a key-operated trigger-locking mechanism or if the firearm is disassembled to an extent that it is clearly evident that the firearm is nonoperational.

    (Ord. No. 86-01, 7-15-86)
    The Abbeville ordinance was passed after the State Preemption law went into effect but is still on the books and if you are arrested may be used against you. Of course the Abbeville DA, when contacted about this ordinance states that "This Law Will Not Be Enforced" but it's still on the books and who knows what an antigun police officer backed by a new antigun DA would do. Then it becomes a matter of getting the right lawyer to challenge it. Meanwhile you are out of some serious money and have the arrest on your record.
    The City of Lake Charles, where LOCAL members met last night at a Popeyes Chicken restaurant, bans the possession of firearms anywhere alcohol is sold. Cite - Municode
    Sec. 13-28.1. Same—Illegal carrying of weapons in an establishment where alcoholic beverages are sold and penalties for violation.

    (a)

    Illegal carrying of weapon in business establishment where alcoholic beverages are sold is:

    (1)

    The intentional possession of any firearm or other instrumentality, customarily used or intended for probable use as a dangerous weapon, on one's person, in an establishment where alcoholic beverages are sold;

    (2)

    The possession, custody or use of a switchblade knife, spring knife, or other knife, or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance, or any knife with a blade in excess of four inches, in an establishment where alcoholic beverages are sold.

    (b)

    Definitions.

    (1)

    The words "business establishment," within the meaning of this section, shall be deemed to be any structure located upon real estate, which is used for the sale of alcoholic beverages, as defined herein, to any person.

    (2)

    The words "alcoholic beverages," as used in this section, shall have the meaning given in R.S. 26:241(1).

    (c)

    Whoever commits the offense of illegal carrying of weapons in an establishment where alcoholic beverages are sold shall be imprisoned for not less than five days and not more than six months, and may be fined not more than $500.00.

    Cross reference— Alcoholic beverages, Ch. 3.

    (d)

    The provisions of this section shall not apply to sheriffs and their deputies, state and city police, constables and marshals or persons vested with police power when in the actual discharge of their official duties, as well as to the operator of the business establishment.

    (Ord. No. 6443, 1, 11-7-79; Ord. No. 7592, 4, 4-20-83)
    Again, this has been covered in our discussion forum. The discussion on the Lake Charles ordnance is at Louisiana Open Carry Awareness League ? View topic - Municipal Anti-OC Laws ordinance#p10800
    We talked about the Abbeville ordinance here- Louisiana Open Carry Awareness League ? View topic - Abbeville La Open Carry ordinance#p9985
    I posed about the Baton Rouge ordinance back in September at- Louisiana Open Carry Awareness League ? View topic - Lawsuit- BRPD arrests for carry where alcohol sold. ordinance#p11571

    These laws (Legal Landmines) are a major reason why we formed LOCAL back in 2009. To combat misinformation, to educate the public and to inform those who want to carry firearms. They are why we are trying to get members. As we grow in numbers LOCAL is able to better combat these types of laws. As we grow we are more able to influence lawmakers and local politicians to change these laws. We build a network of knowledgeable members with resources to make a difference. Those of us who carry need to be aware of the laws. We need facts and we need to have the information to avoid problems. Just like we carry a firearm for protection from criminals we also need to have a relationship with a progun criminal and civil rights lawyer should we find ourselves arrested and charged under these outdated and unconstitutional laws.
    If you live in Louisiana and want to help us, join us. Become a member. Be active. Contribute to the discussions in our forum. If there isn't an Area Coordinator in your part of the State scheduling meetings, contacting politicians and putting out pamphlets, step up and volunteer. We are growing and we need everyone we can get to help us make a difference. And it's not just about Open Carry. Those ordinances mean ALL modes of carry. Conceal Carry included. We need to network and work together. Every 2nd Matters.
    Steve
    President/Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  16. #15
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    FL has had gun law preemption for quite some time now, but many local ordinances remained on the books and were "enforced" as seen fit by local DAs. I questioned a county AG about the ordinance stating no guns in parks as being in contradiction with state law and he said LEOs are instructed to follow state law. Yet the ordinance and the signage remained. In 2012 (?) the state added fines against local officials who initiated or kept local gun laws and opened them up to lawsuits. The counties near me quickly revoked all standing gun ordinances and the signs at the local parks has had "No Weapons Allowed" removed from its signage.

    The battle against local gun control can be fought and won with adequate backing in the state legislature. Many organizations are more than willing to help push the effort. It need not be just a grassroots effort.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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