Concealed(or open) carry in restaurants that serve alcohol.
- Thread starter BayouBandit
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inquiring minds want to know? Does it really matter? I'm not so sure that it really transpired at all.
I mean really! The LO is going to ask, hey are you law enforcement and when the answer is "no" he draws his weapon. . I mean really.
I have a hard time believing that.
Peacemaker, we're on the same page. Furthermore, who pulls out their cellphone to record the situation when someone is pointing a pistol at them? Who points their gun at another armed person who pulls out a cellphone to record without disarming the other person? If I'm pointing a gun at you because you're armed, I'm going to secure you and disarm you immediately, not walk you through a restaurant.
Just thinking out loud.
JR1572
Below is LA RS 14:95.5 for reference.
Among other things, it addresses possessing a firearm in accordance with a concealed handgun permit issued under RS 40:1379.1(Parish Permit) or 40:1379.3(State Permit) in a restaurant that serves alcohol for consumption on the premises. This statute was changed during the 2014 Legislative session & signed by the governor. I am not aware of a law, court ruling or AG Opinion that permits open carry in an alcoholic beverage outlet that serves alcohol for consumption on the premises.
If I am wrong on this, please direct me to the revised statute, court ruling or AG Opinion that allows open carry in an ABO.
These comments are based on the assumption that Osaka does serve alcohol for consumption on the premises. If not, disregard this post.
Thank you for your time in this matter.
RS 14:95.5
§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.(1) The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority or listed in R.S. 14:95(G) or (H).
(2) The provisions of this Section shall not apply to a person possessing a firearm in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3 on the premises of an alcoholic beverage outlet which has been issued a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950.
(3) The provisions of this Section shall not be construed to limit the ability of a sheriff or chief law enforcement officer to establish policies within his department or office regarding the carrying of a concealed handgun on the premises of an alcoholic beverage outlet by any law enforcement officer under his authority.
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; Acts 2014, No. 147, §1.
Among other things, it addresses possessing a firearm in accordance with a concealed handgun permit issued under RS 40:1379.1(Parish Permit) or 40:1379.3(State Permit) in a restaurant that serves alcohol for consumption on the premises. This statute was changed during the 2014 Legislative session & signed by the governor. I am not aware of a law, court ruling or AG Opinion that permits open carry in an alcoholic beverage outlet that serves alcohol for consumption on the premises.
If I am wrong on this, please direct me to the revised statute, court ruling or AG Opinion that allows open carry in an ABO.
These comments are based on the assumption that Osaka does serve alcohol for consumption on the premises. If not, disregard this post.
Thank you for your time in this matter.
RS 14:95.5
§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.(1) The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority or listed in R.S. 14:95(G) or (H).
(2) The provisions of this Section shall not apply to a person possessing a firearm in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3 on the premises of an alcoholic beverage outlet which has been issued a Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950.
(3) The provisions of this Section shall not be construed to limit the ability of a sheriff or chief law enforcement officer to establish policies within his department or office regarding the carrying of a concealed handgun on the premises of an alcoholic beverage outlet by any law enforcement officer under his authority.
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; Acts 2014, No. 147, §1.
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