What is the law if a person is caught CCing in a business with no forearm signs posted? Is it illegal?
Thank you, CH
Act innocent and most will ask you to leave and if you refuse you may be cited for Remaining After Being Forbidden.
Thank you James. Asking for a relative who had questions.
Are we really going to have this debate again? Louisiana doesn't specify like many other places what type of signage is required. It does however give the business owner the right to forbid firearms on his or her property. If there is a visible sign, and you carry anyway, and are asked to leave you must leave. Better yet if they don't want you there, don't patronize their business. If you do not, then you will be criminally liable. At the end of the day it is a matter of intent, and to this point, that I am aware of, there is no case law to support one side or the other of the argument. You likely will not be charged with illegal carry, but if asked to leave, leave. If you do it in Texas where they do specify signage requirements, you an be charged with illegal carry as well. Best not to push the issue in LA, we don't need more Laws.
Isn’t it interesting that people will violate someone’s right to refuse service and make rules in their business and on their property, because they feel it violates their rights
There are definitely different schools of thought when looking at it. I see it similar to a restaurant that has a clearly posted dress code and people ignoring it. The restaurant and its staff don't really care much about how people are dressed, they are simply trying to setup a structure for people to behave a certain way with the premise that better-dressed people will behave in the manner that they want.
Ruth's Chris (Baton Rouge location) states a dress code of business casual on their website. By going there dressed in something other than business casual, sitting down, eating, and paying, are you violating their right to refuse service?
Are we really going to have this debate again? Louisiana doesn't specify like many other places what type of signage is required. It does however give the business owner the right to forbid firearms on his or her property. If there is a visible sign, and you carry anyway, and are asked to leave you must leave. Better yet if they don't want you there, don't patronize their business. If you do not, then you will be criminally liable. At the end of the day it is a matter of intent, and to this point, that I am aware of, there is no case law to support one side or the other of the argument. You likely will not be charged with illegal carry, but if asked to leave, leave. If you do it in Texas where they do specify signage requirements, you an be charged with illegal carry as well. Best not to push the issue in LA, we don't need more Laws.
If they ask you to leave for violating their dress code, and you don't then yes. If they serve you then that is their prerogative, and in that case no.
I know someone will have the answer to this off the top of their head, but didn't all the major stores that banned guns last year, just ban open carry? If I remember correctly, seems like they didn't object to, or at least address, CC. Correct me if I'm wrong (I'm too lazy to look it up).
I agree. And going down the same train of thought:
Lets say Ruth's Chris has a sign at the door that states "Business Casual Required, firearms and weapons prohibited" and you walk in wearing a t-shirt, shorts, and are concealing a firearm. If the hostess sits you and you eat $100 worth of pretty good food, pay, and leave, I argue that you didn't violate their right. You might not have complied with the request printed on their door, but I argue that (in Louisiana), the burden is on the business owner to enforce their rules. If you choose not to comply, they can ask you to leave and you have to leave, otherwise, you have broken the law.
Personally I would go to Outback or another restaurant, that didn't have a sign. I do think that it is on the restaurant owner to enforce that. I think you are looking at it in an over simplistic manner though. Suppose something happened at said restaurant, who had conveyed their wishes in signage at the door. Now you are in violation. Granted there is a fraction of as percent chance that will be the scenario, but plan for the worst, and hope for the best has always been my modus operandi.
There are definitely different schools of thought when looking at it. I see it similar to a restaurant that has a clearly posted dress code and people ignoring it. The restaurant and its staff don't really care much about how people are dressed, they are simply trying to setup a structure for people to behave a certain way with the premise that better-dressed people will behave in the manner that they want.
Ruth's Chris (Baton Rouge location) states a dress code of business casual on their website. By going there dressed in something other than business casual, sitting down, eating, and paying, are you violating their right to refuse service?