Open Carry Laws - St. Tammany/Slidell
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Various entities may have pre 1985 laws on the books but if the law is in conflict with the state constitution or case law to the contrary then they are not enforceable. True--you could be arrested under one of here--but successful prosecution would be unlikely.
So how does that square with RS 14:95.5 which reads....
Source- http://www.legis.state.la.us/lss/lss.asp?doc=78744
RS 14:95.4 deals with consent to search. If you enter an "alcohol beverage outlet", you automatically consent to a search of your person. A restaurant that has a majority of its gross receipts ffrom food and non-alchilic beverages is not considered an "ABO" for the purposes of the consent to search.
RS 14:95.5 prohibits the possession of a firearm in an "ABO", without the restaurant exception.
Bottom line, if the establishment sells alcohol for consumption of the premises, open carry is illegal.
Work to change the law. Don't get arrested because you don't understand the law.
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but if a restaurant is not "abo" by the way its defined for consent to search then how can a fire arm be prohibited in "abo" the law just stated was not "abo"? to put anthorer way how can one law classifys it as not meeting the criteria then how can anthorer law re-classify it without some kind of mention that any previous classification is incorrect or the definition has been changed? if i'm ever arrested this will be my defense.i dont see how a jury could not see the confusion.
I understand the confusion. The same term, "alcholic beverage outlet", has two different definitions in two different state laws. I am not an attorney and do not give legal advice. Do yourself a favor and consult an attorney for his/her opinion. A copy of RS:14:95.4 will do you no good if you are arrested for open carrying in a restaurant.
well if concealed carry was free (like it should be) then i could just use the "concealed means concealed" attitude until the day comes that i would have to use my weapon. i dont know of any attorneys that give free advise on these laws.the places i eat at most are buffets.so i would have to ask if they serve alcohol and if the answer is yes then i have to walk back to my car to lock it up.or if the answer is no but i tell the waitress i dont want alcohol and am asked why the question then i risk them telling me i cant carry in there.but if i never ask then they usually dont notice my gun avoiding the whole issue.
I agree with you that concealed carry should be free. The "concealed means concealed" attitude will cause problems one day when "concealed doesn't mean concealed" and your firearm prints or someone sees it inadvertently. If getting a concealed carry permit or advice from an attorney is not in your budget when you are working, what position will you be in to hire an attorney after getting arrested and possibly losing your job? Listen to the people that have researched and understand what the statute says. They are all telling you that open carry in a restaurant that serves alcohol is not allowed. You would be better off not open carrying in a restaurant.
I understand that this is an open carry thread and Louisiana is an open carry state. There are legitimate reasons to consider getting a concealed carry permit. The ability to carry a firearm in a restaurant is a big reason to consider the concealed carry permit. Having a permit does cost +- $250 to obtain for 5 years. You do not give up any of your open carry rights when you obtain a concealed carry permit. Try saving $10-$20 per month until you save enough money to take the class and obtain the permit. You have more options with a permit than without.
You ultimately will decide what is right and wrong for you. Think this through before you take a stand and become an example of what not to do. Good luck on whichever decision you make.
I understand that this is an open carry thread and Louisiana is an open carry state. There are legitimate reasons to consider getting a concealed carry permit. The ability to carry a firearm in a restaurant is a big reason to consider the concealed carry permit. Having a permit does cost +- $250 to obtain for 5 years. You do not give up any of your open carry rights when you obtain a concealed carry permit. Try saving $10-$20 per month until you save enough money to take the class and obtain the permit. You have more options with a permit than without.
You ultimately will decide what is right and wrong for you. Think this through before you take a stand and become an example of what not to do. Good luck on whichever decision you make.
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You can conceal carry in a restaurant, based on the type of alcohol permit the establishment has. You can also carry concealed within the 1,000' "gun free zone" that surrounds a school, as long as you remain off of school property.
Check out the concealed handgun unit at lsp.org
whats the cheapest way to get my permit? i hate to bite the bullet but to many places that let me open carry are changing there mind,started having customer complaints or because my father-in-law carries they notice him then me because hes balding,white hair,slight hump on his back,and carries a revolver so people dont even ask if hes leo but ask me and then the fun begins
its not exactly what i look like its the way i present my self i guess.i have been told way more the once i look like military or leo,armed or not.i wear jeans or bdu pants,t-shirts,and hat.i think some of it is i try not to sit with my back to a door,always try to keep my head on a swivel,pay attention to detail and make sure my arm stays down close to my weapon if i am close to someone or people behind me.these are traits i kinda picked from the navy and just educating myself about carry from places like this forum.i never say i'm leo.i'm just a fireman.
This question like many others asked about laws that take away or hinder personal liberty. Not answering the questions of why do you need or there is no reason to has no place in personal liberty. As long as you are not physically harming anyone or destroying anyone's property you should be free to carry on. Therefore remember that whenever you get on a jury. Judge the law first if it hinders liberty it is no law but a regulation. If the regulation is there to prevent unintended consequences it may be OK but if it is there to regulate benign behavior or to control you then vote not guilty no matter what the evidence.
AHAHAHAHAHA, what?
