Restaurant Carry a No-No

[Robhic]

I thought carry in a restaurant that served alcohol, as long as you didn't drink, was OK. And looks like it used to be. But I just saw this on another forum by the guy who write the Handgun Law and he states:

"Louisiana does not allow restaurant carry. Last state to completely ban it. They actually have two laws on it. They go by the newest one that states you can’t carry in a place that serves alcohol for consumption on the premises. Their older law states you can carry in a restaurant that has an *R* license. The Firearms Unit in LA has told me more than once they go by the newest law that states No Carry in Places That Serve Alcohol."

Did you know that? I didn't! Looks like some adjustments are gonna be needed. Thoughts?


AustinBR - This was posted later in the post and I think it sums up the answer quite well:

RS 40:1379.3

N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

(10) Any portion of the permitted area of an establishment that has been granted a Class A-General retail 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, to sell alcoholic beverages for consumption on the premises.


RS 26:71.1

(1) Class A-General:

(d) A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).

(2) Class A-Restaurant:

A Class A-Restaurant permit shall be issued only to a "restaurant establishment" as defined by R.S. 26:73(C)(1) or a dinner theater as defined in R.S. 26:2(6) and issued to a facility in conjunction with a Class "R" restaurant permit under the provisions of R.S. 26:73.


RS 26:73

C.(1) For purposes of this Section, "restaurant establishment" shall be defined as an establishment:

(a) Which operates a place of business whose average monthly revenue from food and nonalcoholic beverages exceeds fifty percent of its total average monthly revenue from the sale of food, nonalcoholic beverages, and alcoholic beverages.
(b) Which serves food on all days of operation.
(c) Which maintains separate sales figures for alcoholic beverages.
(d) Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.





Louisiana State Statute is very clear on the subject:

If you can bring your juvenile children into the restaurant establishment, said establishment is NOT a Class-A General establishment and you ARE permitted to concealed carry.

 

[bipolarbear]

That exact clause is what has dampened my interest in a CCW permit. The time I would most likely come into contact with someone intent on harming me or my family/friends would be during lunch. Most places I go to eat serve alcohol preventing me from being able to carry there anyway. I don't need a permit to carry in my home or office so I haven't bothered to get one.

 

[charlie12]

It never said you couldn't drink only that you couldn't run .05 or higher.

40:1379.3 from Jan. 1, 2014

(10) Any portion of the permitted area of an establishment that has been granted a Class A-General retail 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, to sell alcoholic beverages for consumption on the premises.


http://www.legis.state.la.us/lss/newWin.asp?doc=97451

 

[Gunfighter]

So as I understand it you legally can't conceal carry in any restaurant that serves alcohol regardless if you are consuming or not. Even if food is it's primary product.

 

[JadeRaven]

 

[Speckled_Tiger]

I thought the no carry in restaurants law was in relation to open carry. And also aren't "Class A- general" permits for bars not restaurants? Bars meaning places that require you to be a certain age to enter.

 

[DBMJR1]

That exact clause is what has dampened my interest in a CCW permit. The time I would most likely come into contact with someone intent on harming me or my family/friends would be during lunch. Most places I go to eat serve alcohol preventing me from being able to carry there anyway. I don't need a permit to carry in my home or office so I haven't bothered to get one.

I don't believe you can legally concealed carry in you home or office, sans permit. (I ain't no expert though). Open carry is legal anywhere concealed is, with no need for a permit.

 

[JadeRaven]

Open carry is legal anywhere concealed is, with no need for a permit.

Are you sure about that? I thought that was part of the purpose of the permit.

 

[Phill]

Any portion of the permitted area of an establishment that has been granted a Class A-General retail 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, to sell alcoholic beverages for consumption on the premises.

A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).

If the sign says "Must be 18 to Enter"....

http://law.justia.com/codes/louisiana/2012/rs/title26/rs26-71-1/

 

[alpinehyperlite]

I don't believe you can legally concealed carry in you home or office, sans permit. (I ain't no expert though).

This.

 

[themcfarland]

someone needs to take a better class on CCW permits.. lots of mis information out there..

 

[JadeRaven]

someone needs to take a better class on CCW permits.. lots of mis information out there..

There's a lot of misinformation in the classes as well.

 

[petingrass]

Agreed. The first class I took was absolute trash. It was bad enough that I immediately turned around and took another class from a different instructor. Night and day.

 

[themcfarland]

There's a lot of misinformation in the classes as well.

That is what I was saying.. by stating (NEEDS TO TAKE A BETTER CLASS)

 

[jjb518]

I took my concealed carry class this past sunday and I was told that I could carry as long as the place wasn't issued a Class A Permit.

This isn't talking about the no gun sign on door laws.

 

[Miltonite]

§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. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

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.

That makes me believe with or without a permit if alcohol is and drank at the location you can not carry.

 

[oleheat]

Open carry is legal anywhere concealed is, with no need for a permit.

In most cases, but not all. It doesn't work that way on state WMAs, for one...

 

[charlie12]

O

In most cases, but not all. It doesn't work that way on state WMAs, for one...

Or within 1000' of a gun free school zone

 

[charlie12]

§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 premyises, whether or not such sales are a primary or incidental purpose of the business of the establishment.

C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

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.

That makes me believe with or without a permit if alcohol is and drank at the location you can not carry.

That's from 1985 too. We didn't have state issused CHP's then our rule is last updated this year. 40:1379.3 from Jan. 1, 2014.

 

[jjb518]

O

Or within 1000' of a gun free school zone

i was told in my CC class that the school zone was the 1000 feet of the school, which is what you had to avoid, except for private property