Do all CHP laws apply on Private Property as well?

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  • Mannelite

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    I have a question that seems kind of ridiculous and obvious but there is a bit of nuance so here it goes. I am having a wedding soon on a piece of private property, a residence. Its not a restaurant or any sort of public building like that, its actually a very large home that we got permission to have the wedding on. The home is otherwise unoccupied and actually its listed for sale, we know the owning party and they gave us permission to use the property. Now being from Louisiana, I have a few guests, including myself, that would rather be carrying than not. I know drinking and carrying doesn't mix and is a bad idea etc. I Know that and I'm not advising people to carry and drink. What I want to know is, from a legal standpoint, would someone who is carrying a firearm on the private property, and drinks alcohol, be in violation of any law? Normally at a restaurant, bar, or even in the woods, you wouldn't be able to have a single drink without breaking the law in regards to drinking and carrying. I'm wondering, if someone has a drink while carrying at a private residence, is that expressly illegal as well? Or is it simply ill advised? Asking for a friend.... If someone drove to my wedding at the private residence, had a beer while carrying, got back in their car, put the gun in the glove box, and drove home, were any laws broken there?
     

    AustinBR

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    If a tree falls in the woods....

    I'm going to skip your question about legalities and leave that to our legal experts.

    What I do have to say is that alcohol and firearms don't mix. If people plan on drinking they don't need to be handling firearms or have them on their person.

    Firearms are carried in case they need to be used. Someone drinking doesn't need to be using a firearm - even in a situation where it may be justified.

    If you think such a situation may arise at the wedding, hire a few cops to be there, or ask your friends to not drink.
     

    Mannelite

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    Lol Thanks Austin... I know I'm going to get a million answers like that... I already know that. I posted this question on this board specifically for legalities from the legal experts!!
     

    DAVE_M

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    What I want to know is, from a legal standpoint, would someone who is carrying a firearm on the private property, and drinks alcohol, be in violation of any law?

    If you're carrying a firearm, don't drink. Not only is it extremely stupid, but it is also pure negligence.

    I.(1) No individual to whom a concealed handgun permit is issued may carry and conceal
    such handgun while under the influence of alcohol
    or a controlled dangerous substance. While a
    permittee is under the influence of alcohol or a controlled dangerous substance, an otherwise lawful
    permit is considered automatically suspended and is not valid. A permittee shall be considered
    under the influence as evidenced by a blood alcohol reading of .05 percent or greater by weight of
    alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled
    dangerous substance as defined in R.S. 40:961 and 964.
     

    AustinBR

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    Lol Thanks Austin... I know I'm going to get a million answers like that... I already know that. I posted this question on this board specifically for legalities from the legal experts!!

    Although it's legal to set most of your possessions on fire in many places, it's not smart.

    Even if you find out that it's illegal for you/your friend/your guest to carry while drinking at this wedding, is it really going to stop you from doing it?

    Anyone who is knowledgable on the subject is going to tell you that it's a terrible idea and generally not safe. Someone even slightly intoxicated doesn't need to be using a firearm, even in self defense, especially at a crowded event such as a wedding. There is a big difference between having a beer or two and driving (which is something you do basically everyday and doesn't directly involve a ton of fine motor skills) and utilizing a weapon under a very stressed situation in a crowd.

    It's not safe. It's not smart. And frankly, there should be a law against it if there isn't already. If you only plan on not doing something because it's illegal, you might want to revisit your priorities.
     

    Mannelite

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    I fully understand no one should drink and carry a gun, at this point, I'm just having an intellectual debate with a friend on the arbitrarty nature of the law. its very similar to the question: Can you drink and drive in your own property? I'm not sure, I know its obviously a bad idea, but it seems to me like you wouldn't be able to be charged with anything as long you never left your property. Even if there was a complaint, like your neighbor saw you drinking beer while sitting in your car in your driveway and called the cops. Did you break any laws?
     

    DAVE_M

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    I fully understand no one should drink and carry a gun, at this point, I'm just having an intellectual debate with a friend on the arbitrarty nature of the law. its very similar to the question: Can you drink and drive in your own property? I'm not sure, I know its obviously a bad idea, but it seems to me like you wouldn't be able to be charged with anything as long you never left your property. Even if there was a complaint, like your neighbor saw you drinking beer while sitting in your car in your driveway and called the cops. Did you break any laws?

    If the person carrying has a blood alcohol level of 0.5 or greater, then yes, that person is in violation of the law.
     

    Mannelite

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    Although it's legal to set most of your possessions on fire in many places, it's not smart.

    Even if you find out that it's illegal for you/your friend/your guest to carry while drinking at this wedding, is it really going to stop you from doing it?

    Anyone who is knowledgable on the subject is going to tell you that it's a terrible idea and generally not safe. Someone even slightly intoxicated doesn't need to be using a firearm, even in self defense, especially at a crowded event such as a wedding. There is a big difference between having a beer or two and driving (which is something you do basically everyday and doesn't directly involve a ton of fine motor skills) and utilizing a weapon under a very stressed situation in a crowd.

    It's not safe. It's not smart. And frankly, there should be a law against it if there isn't already. If you only plan on not doing something because it's illegal, you might want to revisit your priorities.


    Yes it will! Thats why im asking! I am not going to break the law!
     

    Mannelite

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    If the person carrying has a blood alcohol level of 0.5 or greater, then yes, that person is in violation of the law.

    Nice! Thanks for the straight answer. So then this applies to any person drinking in their own home too then? If you're drinking and carrying inside your house, and this gets reported for any reason you could be arrested for it? Seems just a bit tyrannical... Just an aside here, my fiancé's family are some good ole folk from out in the sticks, and they talk about the good ole days of drinking and shooting guns in the woods all the time, I guess life was a just a little more dangerous and free 60 years ago....
     

    DAVE_M

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    Nice! Thanks for the straight answer. So then this applies to any person drinking in their own home too then? If you're drinking and carrying inside your house, and this gets reported for any reason you could be arrested for it? Seems just a bit tyrannical... Just an aside here, my fiancé's family are some good ole folk from out in the sticks, and they talk about the good ole days of drinking and shooting guns in the woods all the time, I guess life was a just a little more dangerous and free 60 years ago....

    This applies to anyone with a valid CHP anywhere in the state. You do not have special permission to ignore the law in your home.
     

    kcinnick

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    Don't drink and carry. I am not sure if the .05 BAC applies to everyone or just CC holders, either way, just don't do it.

    Private property trumps a lot of laws. You can CC on your own private property or any private property that you have permission to carry on by the owner/controlling authority to carry with out a permit.
     

    DAVE_M

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    Private property trumps a lot of laws. You can CC on your own private property or any private property that you have permission to carry on by the owner/controlling authority to carry with out a permit.

    That is 100% false information.

    1. You need to obtain a Louisiana Concealed Handgun Permit to legally carry a concealed handgun anywhere in the state. This includes your home.
    2. You do not receive immunity from the law by being inside your home.
    3. You must obtain permission to enter someone else's home while carrying a concealed handgun (with a valid CHP).

    O. The provisions of Subsection N of this Section 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.
     
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    shrxfn

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    My two cents would be is even IF, BIG IF, it was legal to conceal carry on private premises and then drink I would assume that someone who lacks the common sense to not drink when armed would then not have the common sense to not leave said private property while drunk and armed which is a big deal. Just don't do it. Even if it was legal drinking and carrying would be bad. No ever said hey I made the best decision of my life last night while drunk off my ass.
     

    buttanic

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    If the person carrying has a blood alcohol level of 0.5 or greater, then yes, that person is in violation of the law.

    This is the correct answer. There is no law against drinking and carrying, there is a law against carrying with a BAC of .5 or more.
     

    Gator 45/70

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    Nice! Thanks for the straight answer. So then this applies to any person drinking in their own home too then? If you're drinking and carrying inside your house, and this gets reported for any reason you could be arrested for it? Seems just a bit tyrannical... Just an aside here, my fiancé's family are some good ole folk from out in the sticks, and they talk about the good ole days of drinking and shooting guns in the woods all the time, I guess life was a just a little more dangerous and free 60 years ago....

    Lol,You city boyzs are a trip,People still do the drinking and shooting out in the sticks...
     

    ozarkpugs

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    I fully understand no one should drink and carry a gun, at this point, I'm just having an intellectual debate with a friend on the arbitrarty nature of the law. its very similar to the question: Can you drink and drive in your own property? I'm not sure, I know its obviously a bad idea, but it seems to me like you wouldn't be able to be charged with anything as long you never left your property. Even if there was a complaint, like your neighbor saw you drinking beer while sitting in your car in your driveway and called the cops. Did you break any laws?
    If you left the keys in the house probably not but if keys are in the ignition yes .

    Sent from my moto g(7) play using Tapatalk
     

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