Restaurant Carry a No-No

[madwabbit]

Was just jerking your chain.

lol its one of those days man. 5 bosses and they all want everything right now- other bosses be damned.

im scatter brained like you wouldnt believe.

 

[TheSkipster]

Actually we were both in the Lobby waiting to be seated; so I don't think I was bothering him. You know, with all the talk today about gun control this, gun control that you would think they would be half way up on the laws being discussed these days. I wasn't necessarily asking him to interpret the law, just tell me what it says, shouldn't need a lawyer or judge for that....I hope.

 

[oleheat]

Sounds like you were at Sammy's. LOL

 

[TheSkipster]

Sounds like you were at Sammy's. LOL

HAHA, not that day, but I am there at least once a week.

 

[kenny]

Every time issues like this come up, I feel the need to state the obvious:

LA R.S. 14:95 and all of it's addendums needs to be repealed. Problem solved.

 

[MOTOR51]

You are talking about HB72 which now I believe is before the Senate for consideration.

I was in a restaurant yesterday and decided to ask a police officer in street clothes a couple questions about conceal carry laws. We discussed HB 72, which he was not aware of, so then I moved on to the question, if I was allowed to CC in this restaurant (which serves alcohol)? He asked if I was drinking or planning on drinking to which I responded no and then he told me yes I could. I don't think he.

Next I asked him about open carry and where I could do that and the first thing he asked me was if my weapon was carried in a holster to which I replied yes and he said that is qualified as conceal carry. I clarified to him that the gun would be exposed and not covered by my shirt or jacket and he said he understood but that since its in a holster its considered CC. I was completely stunned.

Word to the wise, make darn certain you are compliant with the letter of the law because even some of those who are required to enforce the laws, clearly don't know them themselves.

Lol. He might not have known or he might have known that you were trying to be an ass clown and see if he knew the laws. Probably knew you would run and post it on BS. Who knows, maybe he is reading this now and laughing.

Sent from my XT1058 using Tapatalk

 

[TheSkipster]

Lol. He might not have known or he might have known that you were trying to be an ass clown and see if he knew the laws. Probably knew you would run and post it on BS. Who knows, maybe he is reading this now and laughing.

Sent from my XT1058 using Tapatalk

I think the former over the latter. No clown here, my questions were sincere; not trying to trap him. I'm sure he's not laughing, acted like he really didn't want to talk to me. He was very standoffish. I see you are a police officer, was it you? Just kidding. Do you agree with his responses to me?

 

[MikeS369]

"The passage of Act 147 of the 2014 Regular Legislative Session amended and re-enacted R.S. 14:95.5 (C) relative to the possession of a firearm on the premises of an alcoholic beverage outlet. This act provides an exception for persons 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. (Effective August 1, 2014)"


§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.


It seems to me that if you have a CCL you can carry after August 1, 2014.

 

[brewer3401]

Criminals carry at all times.
No gun control problem, only a criminal control problem.
Govt. can't (won't) control criminals, so the feel good idea is to control guns.
I'm sure fireworks will be banned soon too.

 

[Craig8sm]

This is a great thread, I furthers my arguement with someone the other day that it's not as simple as getting a CCP and off you go. Once you choose to hold a permit to CC and actively carry, you really must become a student of this branch of law for the rest of your life, (or atleast until you choose to no longer carry.) In addition to the law being convoluted at best, the laws often change, and you can’t always count on the person or people you are dealing with to understand it either, so it’s best that you arm yourself with knowledge as well as a gun. And this doesn’t even take into account crossing state borders. It was stated above that you shouldn't have to have a lawyer to figure this out, but IMO that's exactally what is needed on some of these issues.

 

[charlie12]

I think the former over the latter. No clown here, my questions were sincere; not trying to trap him. I'm sure he's not laughing, acted like he really didn't want to talk to me. He was very standoffish. I see you are a police officer, was it you? Just kidding. Do you agree with his responses to me?

Maybe the LEO just wanted to eat his food