Our AG Has Spoken

[JNieman]

Leo doesn't carry under chp.
Louisiana LEO carry under the commission.

At one time I maintained a commission and CHP, because the CHP allowed a wider carry. Now I don't have either. Not do I carry.


ΜΟΡΟΝ ΛΑΒΙΑ

Yea, while the vast majority of this opinion is in regards to LEO carry in different manners, some of it uses the term "no person shall", which is why it's relevant to the greater masses.

It seemed contrary to the previous statement/rules CHP holders had to fall under, and I see no clarification here to suggest CHP holders have different rules. It seems like with this opinion, the AG believes no one at all can carry in an establishment serving alcohol of any kind for consumption. (except LEO performing duties of course) Whereas before, the 'consensus' and law seemed to support that CHP holders were only barred from carrying in establishments of a certain license type.

It confuses me, anyways.

The only part of the law which needs clarification is something the legislature needs to do, which is once and for all clearly define the term "alcoholic beverage outlet".

It means one thing in one law and something different in another.

I think that would be a big help.

 

[geoney]

Yea, while the vast majority of this opinion is in regards to LEO carry in different manners, some of it uses the term "no person shall", which is why it's relevant to the greater masses.

It seemed contrary to the previous statement/rules CHP holders had to fall under, and I see no clarification here to suggest CHP holders have different rules. It seems like with this opinion, the AG believes no one at all can carry in an establishment serving alcohol of any kind for consumption. (except LEO performing duties of course) Whereas before, the 'consensus' and law seemed to support that CHP holders were only barred from carrying in establishments of a certain license type.

It confuses me, anyways.


I think that would be a big help.

I understand what you are saying, but isn't the whole purpose of the "permit" is to allow us to do things that are otherwise illegal without the permit?

As such, the details of the permit are outlined in their own law. Basically, unless you have a permit, the opinion applies.

The fact that he makes no reference to the CHP statute is telling.

 

[Bayoupiper]

Look at Caldwell's politics and you will have your answers.



.

 

[A5Mag12]

Why is everyone confused? He is clear in his ruling.


ΜΟΡΟΝ ΛΑΒΙΑ

La. public education?

 

[SeventhSon]

Waiting for someone to say "concealed means concealed".

Shouldnt be too long.......

 

[JNieman]

NOT SAYING "concealed means concealed" means concealed.

 

[Leadfoot]

Waiting for someone to say "concealed means concealed".

Well, it does..

How many officers do you think will NOT carry off duty in a restaurant that happens to have a bar after reading this?

And remember, this is just the OPINION of the AG. It does NOT have the force and effect of the law.

A court could find completely different.

 

[Bayoupiper]

This opinion was requested by State Rep. Henry Burns so I think it's a safe bet we will see a bill introduced next session to address this.




.

 

[meplatgroup]

And remember, this is just the OPINION of the AG. It does NOT have the force and effect of the law.

CORRECT.

<---Former Assistant AG

 

[mcinfantry]

CORRECT.

<---Former Assistant AG

Out of curiosity doesn't an AG opinion matter to a DA?


ΜΟΡΟΝ ΛΑΒΙΑ

 

[JBP55]

Out of curiosity doesn't an AG opinion matter to a DA?

ΜΟΡΟΝ ΛΑΒΙΑ

As Leadfoot said it is an Opinion. Having said that many will go with the AG Opinion even though it is not Law. There are many topics where you can find different answers to AG Opinions over the years on the same question. Many go with the most current Opinion.

 

[3fifty7]

Please settle this, I'm reading this in a restaurant and have made 4 trips back and forth to my truck to disarm and rearm as the discussion continues.

 

[Tboy]

This opinion was requested by State Rep. Henry Burns so I think it's a safe bet we will see a bill introduced next session to address this.
.

According to this article that was his plan.. http://www.nola.com/politics/index.ssf/2013/08/off-duty_police_cannot_carry_g.html

 

[Leadfoot]

Please settle this, I'm reading this in a restaurant and have made 4 trips back and forth to my truck to disarm and rearm as the discussion continues.

There is no settling it...

Are you LEO? Yes - Are you on duty? - Yes - You're GTG.
No - Do you have a CHP? - Yes - You're GTG.
No - In the opinion of the AG, you're in violation of the law.

 

[geoney]

There is no settling it...

Are you LEO? Yes - Are you on duty? - Yes - You're GTG.
No - Do you have a CHP? - Yes - You're GTG.
No - In the opinion of the AG, you're in violation of the law.

As long as the place does not have a Class A general Retail Permit, then a non-CHP LEO that is off duty should still be GTG based on LEOSA.

The way LEOSA was explained to me is that it gives LEO the same rights as a CHP in that state, which would allow them into any place without a CLASS A GR

 

[Bayoupiper]

CORRECT.

<---Former Assistant AG

Had some fun with some AG folks and West Feliciana SO on Thompson's Creek a few years ago.


Those folks were a hoot!





.

 

[charlie12]

And if you're off duty and in a strip joint don't carry a round in the chamber. Just so if you drop it in the restroom it won't go bang.

 

[thatguy]

Should make for a more relaxing evening out. No gun/no duty to act. Just sip my beer and watch the felonies go down. :-)

 

[met7881]

The AG's office is supposedly working on 2 more opinions. Parade carry for CCW and restaurant carry for CCW. Rep. H. Burns office verified that this is in the works.

 

[JNieman]

The AG's office is supposedly working on 2 more opinions. Parade carry for CCW and restaurant carry for CCW. Rep. H. Burns office verified that this is in the works.

If true, that's good, and will hopefully clear up the confusion I got from the opinion in this thread. Maybe "no person shall" was a poor word choice, if the opinions-to-come make exceptions for CHP holders. But, like someone else mentioned, I've noticed a trend in this AGs opinions and it's not terribly helpful to the lawful gun crowd.