Brec's "no firearms" rule

barbarossa · Jun 6, 2012

Signs at Brec parks say "no firearms of any kind allowed". My (strictly hypothetical) question is, if a concealed carry permit holder chose to ignore that sign and carry a concealed handgun into the park, would that be a misdemeanor? A felony? Could said person lose their permit if checked by law enforcement?

It seems to be a Brec policy, not a state law that would be broken, so is it the same situation as carrying at a place of business that has a "no firearms" sign outside?

Just wondering...

Bearco · Jun 6, 2012

who owns the park?

USMC-Deano · Jun 6, 2012

Well, I used to frequent the BREC park with the Raising Cane's dog park off Dalrymple, and I may or may not have ever packed in that particular park and I may or may not have ever been made and/or asked to leave.

I've also been to the BR zoo, which, from my understanding is a BREC park, but there are no signs out there, so I have carried there.

barbarossa · Jun 6, 2012

Bearco said:
who owns the park?

BREC somehow stands for "Recreation and Park Commission for the Parish of East Baton Rouge", but I'm not sure who owns the land? I'm guessing Brec?

charlie12 · Jun 6, 2012

Sec. 13:1011. - Possession of firearms at BREC parks.

(a)
It shall be unlawful for any person to have in his possession a firearm, pellet gun, BB gun or other instrumentality customarily used or intended for probable use as a dangerous weapon on property comprising parks, playgrounds, recreational areas or facilities owned or operated by the recreation and parks commission.

(b)
Whoever violates the provisions of this section shall be fined not more than five hundred dollars ($500.00), imprisoned in the jail for not more than six (6) months, or both.

(City Code 1951, Title 13, § 107; Parish Code 1962, Title 13, § 417)

Cross reference— Parks and recreation generally, title 3; discharge of firearms on Capitol Lake prohibited, § 3:51.

http://library.municode.com/index.aspx?clientId=10107

USMC-Deano · Jun 6, 2012

charlie12 said:
Sec. 13:1011. - Possession of firearms at BREC parks.

(a)
It shall be unlawful for any person to have in his possession a firearm, pellet gun, BB gun or other instrumentality customarily used or intended for probable use as a dangerous weapon on property comprising parks, playgrounds, recreational areas or facilities owned or operated by the recreation and parks commission.

(b)
Whoever violates the provisions of this section shall be fined not more than five hundred dollars ($500.00), imprisoned in the jail for not more than six (6) months, or both.

(City Code 1951, Title 13, § 107; Parish Code 1962, Title 13, § 417)

Cross reference— Parks and recreation generally, title 3; discharge of firearms on Capitol Lake prohibited, § 3:51.

http://library.municode.com/index.aspx?clientId=10107

Mine is neither of those. Does it still count?

SVTFreak · Jun 6, 2012

I'm no lawyer, but I think title 13 is something you could lose your permit over.

Pacioli · Jun 6, 2012

Deano said:
Mine is neither of those. Does it still count?

Keep that clever attitude, judges like it. And your cell mates will too!

kcinnick · Jun 6, 2012

There are plenty of places you cannot carry a firearm without a permit, but your state permit allows you to carry legally in those places. I don't know if it applies in this situation, I am not a lawyer. I don't know why a BREC park would be any different. We went to Bluebonnet Swamp one time, and I didn't see the sign until I was leaving...

FWIW, I called and asked the ZOO which is a BREC park if concealed carry was ok and they told me yes as long as I had a valid permit, I also asked the Audubon Society if it was OK to carry at their Zoo and Aquarium and they said I was good to go. We had memberships to both of these organizations at the time, our son LOVES the Zoo and Aquarium.

Leadfoot · Jun 6, 2012

Concealed means concealed(tm).

charlie12 · Jun 6, 2012

kcinnick said:
There are plenty of places you cannot carry a firearm without a permit, but your state permit allows you to carry legally in those places. I don't know if it applies in this situation, I am not a lawyer. I don't know why a BREC park would be any different. We went to Bluebonnet Swamp one time, and I didn't see the sign until I was leaving...

FWIW, I called and asked the ZOO which is a BREC park if concealed carry was ok and they told me yes as long as I had a valid permit, I also asked the Audubon Society if it was OK to carry at their Zoo and Aquarium and they said I was good to go. We had memberships to both of these organizations at the time, our son LOVES the Zoo and Aquarium.

It's a EBR parish law that dates back before Preemption started. The way the law reads the BR zoo is off limits it's a BREC owned place.

RagManBR · Jun 6, 2012

While the permit allows you to carry concealed across the state, part of the rules dictate that you have to respect the rights of the property owners in terms of their desire for the presence of weapons. If the park has a sign forbidding carrying of weapons, then concealed or not, weapons are forbidden. You can be arrested and have your permit pulled.

Its is kinda weird that the its okay to carry at the zoo, but that its a no-no at the dog park that so happens to be adjacent to "The Bottoms"

charlie12 · Jun 6, 2012

RagManBR said:
Its is kinda weird that the its okay to carry at the zoo,

I don't think it's ok at the zoo just somebody talking out their butt answering the phone.

themcfarland · Jun 6, 2012

would you rather be maybe judged by 12 or carried by 6.. The odds are leaning towards needing your gun more and more everyday to protect yourself.. If you do not want to be a hermit, then carry your gun and learn how to be proficient with it..

Doug.38PR · Jun 6, 2012

I got to the BREC Dogpark way out Burbank and was wondering about this too. I keep the gun in my car. I hate that. Fortunately there have never seemed to be any mean dogs or gangbangers with pit bulls. The worst thing out there is my dog who never shuts up and thinks it's his job to greet and referee everybody (people and dogs) out there. :dogkeke:

charlie12 · Jun 7, 2012

Well this is from the Zoo Director Phil Frost.

Mr.XXXXXX,

Thank you for your inquiry regarding firearms in BREC parks and more specifically BREC’s Baton Rouge Zoo. You are correct. The Parish Ordinance states individuals cannot have firearms in BREC parks (see attached Firearm Ordinance). As a LCHP holder, it is obvious from your comments that you are fully aware the State has designated several areas as ‘prohibited locations’ which includes places such as churches, schools, government buildings, polling places, etc. Under ‘Prohibited Locations’, it also states:

The provisions of R.S. 40:1379.3 (N) shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section

It is here that the Parish is given authority to add BREC parks as an additional ‘prohibited location’.

I appreciate your inquiry and your commitment to following the law when visiting the Zoo. If you have any further questions, don’t hesitate to let me know.

Phil Frost

Doug.38PR · Jun 8, 2012

^ that's a polite way of saying: "Keep you're evil gun out of here you crazy evil gun person. BREC Parks are safer when victims are disarmed."

Skiney · Jun 8, 2012

Baton Roach IS a ZOO!

WOW....I sure hope Theoudoues and the rest of his thug friends can read the no weapons signs at BREC so I can feel safe going unarmed in the park while on vacation next week!

Bearco · Jun 8, 2012

charlie12 said:
Well this is from the Zoo Director Phil Frost.

Mr.XXXXXX,

Thank you for your inquiry regarding firearms in BREC parks and more specifically BREC’s Baton Rouge Zoo. You are correct. The Parish Ordinance states individuals cannot have firearms in BREC parks (see attached Firearm Ordinance). As a LCHP holder, it is obvious from your comments that you are fully aware the State has designated several areas as ‘prohibited locations’ which includes places such as churches, schools, government buildings, polling places, etc. Under ‘Prohibited Locations’, it also states:

The provisions of R.S. 40:1379.3 (N) shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section

It is here that the Parish is given authority to add BREC parks as an additional ‘prohibited location’.

I appreciate your inquiry and your commitment to following the law when visiting the Zoo. If you have any further questions, don’t hesitate to let me know.

Phil Frost

He is wrong with making that part of LA RS 1379.3 apply to a public owned park, current preemption laws keep that from happening. However, EBR does have a law on the books (posted above by Charlie) that bans firearms from the parks. This law existed prior to the LA preemption law of 1985, making it valid for even CHP carriers.

barbarossa · Jun 10, 2012

Shady Dealer said:
Concealed means concealed(tm).

Well, yeah.

But say you're fishing at a Brec pond, and a Wildlife and Fisheries agent stops by to check your fishing license. Now you have a situation where you are approached by a LEO, and you're required to inform him that you have a weapon on you. Not a good situation.

If it was a matter of paying a ticket in that case, some may decide to chance it. If it was a matter of losing you LCHP, that's another thing.

Brec's "no firearms" rule

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