Open carry upheld by federal appeals court ruling today.

SMR412 · Jul 25, 2018

Open carry often in the Prairieville, Gonzales and Southern B.R. area.
Do so with proper holster, belt,head on a swivel and practice/train often.
Only thing close to a negative encounter is one dude asked me in a very nervous/irritated voice "Is that a retention holster!?" I simply answered "Yes Sir it is" and moved along. Every other encounter was positive.
I do so as discreetly as possible, black shirt, holster and gun. It goes very much unnoticed.
And while I believe and armed society is a polite society I will say OC is not for every location or situation.

charlie12 · Jul 26, 2018

John_ said:
Ok, I think ur saying you are permitted to CC (with a Louisiana CHP) in a restaurant that serves booze to patrons/diners....and a guy cannot OC. Well you better brush up on ur CHP rules because on the LSP website it states under prohibited places, bullet #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."

Link to CHP rules: http://www.lsp.org/handguns.html#prohibited

PROHIBITED LOCATIONS
R.S. 40:1379.3 (N) states that 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:

A law enforcement office, station, or building;
A detention facility, prison, or jail;
A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom;
A polling place;
A meeting place of the governing authority of a political subdivision;
The state capitol building;
Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage;
Any church, synagogue, mosque or similar place of worship; See RS 40:1379.3 (U)
A parade or demonstration for which a permit is issued by a governmental entity;

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.

Any school "firearm free zone" as defined in R.S. 14:95.6.

The provisions of R.S. 40:1379.3 (N) shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person.

Thanks for the advice, brushing up on laws is good. You should try it.

§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.[

John_ · Jul 26, 2018

So Charlie12, where did you get that statement above?

Post a hyperlink to it. Anybody can type whatever they want. What you posted is in direct conflict with the Louisiana State Police, who issue and oversee the CHP program.

John_ · Jul 26, 2018

Templar said:
How is it against the law to carry in church?? I have a couple of churches around my home that even the pastors carry, and I’m aware of LE doing the training?? How does that work?

Quite interesting really. Churches and synagogues are on the ban list, but the exception is listed in an LSP addendum.

"U.(1) The entity which owns the business or has authority over the administration of a church, synagogue, or mosque shall have the authority to authorize any person issued a valid concealed handgun permit as authorized by the provisions of this Section to carry a concealed handgun in the church, synagogue, or mosque."

So the church board/men of the church/controlling entity can authorize any member the approval to CC in their facility. (you have to have a valid CHP from the LSP of course)

This explains why at a church I was attending, one of the guys was CCing, at meetings and services, he told me so. He was on the board, the Treasurer. More and more churches are doing this, forming a "response team" of sorts, in wake of the recent church shootings in America. I don't blame em, a good practice I believe. Mass/hate shootings are only gonna get worse going forward.

Link to addendum page. It's under bullet U: http://www.legis.la.gov/Legis/Law.aspx?d=97451

oleheat · Jul 26, 2018

LACamper said:
I have a few times, more in rural areas.

This is what many seem to miss regarding open carry. Not everyone lives in an urban or more populated setting where open carry isn't always the best idea. I'm glad we have a choice, in Louisiana.

Nathan Hale · Jul 26, 2018

John_ said:
So Charlie12, where did you get that statement above?

Post a hyperlink to it. Anybody can type whatever they want. What you posted is in direct conflict with the Louisiana State Police, who issue and oversee the CHP program.

https://www.legis.la.gov/Legis/Law.aspx?d=78744

charlie12 · Jul 26, 2018

John_ said:
So Charlie12, where did you get that statement above?

Post a hyperlink to it. Anybody can type whatever they want. What you posted is in direct conflict with the Louisiana State Police, who issue and oversee the CHP program.

Nathan Hale posted the Louisiana Revised Statute for you. And your right anyone can post whatever they want BUT I post LA laws. If you had a CHP and followed our CHP laws as long as I have you would know the LSP CHP section is not very good at updating their page

Thanks Nathan I was a little busy during the night, fuel pump went out and had to be towed about 2am

John_ · Jul 26, 2018

Nathan Hale said:
https://www.legis.la.gov/Legis/Law.aspx?d=78744

Well that statute definitely seems to contradict the LSP website info. Interesting....

charlie12 · Jul 26, 2018

And like I said LSP is very slow to update their site. It's only been about 4 years since the law was passed.

https://www.theadvocate.com/baton_rouge/news/politics/legislature/article_2375d876-e5fd-5840-bab2-c5924ffe0b53.html

John_ · Jul 26, 2018

charlie12 said:
And like I said LSP is very slow to update their site. It's only been about 4 years since the law was passed.

https://www.theadvocate.com/baton_rouge/news/politics/legislature/article_2375d876-e5fd-5840-bab2-c5924ffe0b53.html

Charlie12, I concede to you and Nathan. Clearly you have the knowledge of the applicable laws. 3+ years......ya think the LSP would have their act together.

XD-GEM · Jul 26, 2018

If you call LSP and ask about Open Carry, they send you to the LOCAL website for information (or at last they did for quite awhile).

As to the actual intent of this thread, it is almost a certainty the full 9th Circuit will reverse the 2-1 decision. The "en banc" group is very left and is the most reversed court in the US.

charlie12 · Jul 27, 2018

XD-GEM said:
If you call LSP and ask about Open Carry, they send you to the LOCAL website for information (or at last they did for quite awhile).

As to the actual intent of this thread, it is almost a certainty the full 9th Circuit will reverse the 2-1 decision. The "en banc" group is very left and is the most reversed court in the US.

Maybe because they don't have anything to do with open carry and don't want to answer questions about it since it's not their job.

New guy just took over running CHP section don't know how he'll be. Sergeant William Bosworth

herohog · Jul 27, 2018

I started open carrying when I was driving the shop wrecker and I lived at 216 E. 66th St. in Cedar Grove, Shreveport, LA. I also Open Carried on my motorcycle a lot.

steven1 · Aug 1, 2018

I see 0C in Kroger a lot, sure wouldn t do it at Walmart. Hafta remember the LE has to respond to every perjurous call made to dispatch, and the caller can set you up, then vanish

thperez1972 · Aug 1, 2018

steven1 said:
I see 0C in Kroger a lot, sure wouldn t do it at Walmart. Hafta remember the LE has to respond to every perjurous call made to dispatch, and the caller can set you up, then vanish

But the LE isn't supposed to use an anonymous source as the sole provider of the probable cause in an arrest. So if the caller tries to set you up but the LE's observations don't agree with the caller, there's little chance you'll be arrested.

charlie12 · Aug 2, 2018

I saw a guy at a restaurant tonight with a empty holster. I asked him if he lost his gun. He said it was in the car. He was a OC'er and couldn't carry in there because of the booze being served. Nice to have a CHP

ozarkpugs · Aug 2, 2018

Back in the 80s my brother and I were riding through ,S'port ,on the way to Kiethville to do some target shooting, on motorcycles with S&W 29s in belt holsters ,and a motorcycle policeman pulled us over , after a check of our license he asked us if we would mind breaking the law for him and hiding our pistols under our windbreakers so as not to draw attention from the "other side" . He was a pro gun pro cc cop .

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Open carry upheld by federal appeals court ruling today.

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