CC in Banks?

[Baldrik78]

Absolutely. Even if you have no intention of shooting, what Dan and the board has in plan for legislative action is well worth our support financially and otherwise.

On top of that, it qualifies you for the "Membership in CMP Affiliated Organization" requirement for the CMP. That was the whole reason I joined...everything after that was just bonus.

 

[BayouDude]

Glad you mentioned this. I just got off of Louisiana Shooters Association website and went straight to CMP. I really want an M1 Garand and this looks to be my ticket to get one. I will be joining as soon. Just have to decide between 1yr or lifetime membership.

 

[jcomar1]

Maybe the instructor didn't know.

 

[Bearco]

Maybe the instructor didn't know.

As an instructor, it is his sole responsibility to find out if he does not know. He should also already be familiar with the small list of banned locations.

 

[Padre]

* A parade or demonstration for which a permit is issued by a governmental entity.

What exactly does that mean? Are we talking a Mardi Gras parade or some sort of political demonstration or either. I'm assuming there is a permit granted for any sort of parade i.e. mardi gras, christmas, etc.

Nevermind, if I had read the entire thread, I would have gotten the answer.

 

[leVieux]

The Buffalo Soldiers unit from Houston was in the big Zulu Parade last year with all kinds of real weapons and no-one said a word.
BTW, the Buffalo Soldiers is a historical society with a museum in Houston and a Parade/Re-enactment unit that does ceremonies and historical education re the role of the original "Buffalo Soldiers" of the US Army Calvary in frontier days. They are a really nice group of Southern Blacks, who are eager to tell the stories of their historical forebearers. Many of them have South Louisiana roots.
Anyone with a couple of hours to kill in the medical Center area of Houston would do well to visit the museum on Southmore, just West of the 288 Expressway.
We enjoyed the Parade, and especially, the Buffalo Soldier Calvary Unit in it.
leVieux

p.s. Thanks to NOLACOP for keeping up the information and corrections.

 

[KnightWolf09]

Good thread. Wasn't sure about banks. Still not sure about parades. Maybe I'll ask one of my profs to offer an interpretation.
What about a post office? (Federal?)

 

[Nolacopusmc]

The Buffalo Soldiers unit from Houston was in the big Zulu Parade last year with all kinds of real weapons and no-one said a word.
BTW, the Buffalo Soldiers is a historical society with a museum in Houston and a Parade/Re-enactment unit that does ceremonies and historical education re the role of the original "Buffalo Soldiers" of the US Army Calvary in frontier days. They are a really nice group of Southern Blacks, who are eager to tell the stories of their historical forebearers. Many of them have South Louisiana roots.
Anyone with a couple of hours to kill in the medical Center area of Houston would do well to visit the museum on Southmore, just West of the 288 Expressway.
We enjoyed the Parade, and especially, the Buffalo Soldier Calvary Unit in it.
leVieux

p.s. Thanks to NOLACOP for keeping up the information and corrections.

That is a great example of how laws are "applied in real life." Now technically, what the Buffalo soldiers are doing is not illegal, because they are open carrying. I don't have the text of the NOLA ordinance about guns at parades, but the CHP law would not apply since they are not carrying under a permit.

Some interesting NOLA City ordnances:

Sec. 54-342. Illegal possession of weapons at demonstrations.
(a) It shall be unlawful for any person, other than a law enforcement officer, to have in his possession or to have in any vehicle any weapon while participating in or attending a demonstration being held at a public place.
(b) It shall be unlawful for any person, other than a law enforcement officer, to have in his possession or to have in any vehicle at a point within 1,000 feet of a demonstration at a public place any weapon after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself from the proscribed area until such time as he no longer is in possession of any weapon. This section shall not apply to any person in possession of any weapon in his private dwelling or place of business.
(c) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) Demonstration shall mean two or more persons assembled together for the purpose of picketing, speechmaking, marching, holding vigils, or other such form of conduct, which has the effect, intent or propensity to draw a crowd or onlookers.
(2) Law enforcement officer shall mean any duly appointed and acting federal, state, or local peace officer and any military or militia personnel called out or directed by constituted authority to keep the law and order provided that the law enforcement officer is on duty and present to actively police and control the demonstration and who is assigned this duty by his department or agency.
(3) Weapons shall mean any pistol, rifle, shotgun or other firearms of any kind whether loaded or unloaded, air rifle, air pistol, knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, baseball bat, ax handle, chains, crowbar, hammer or other club or bludgeon or any other instrumentality, customarily used or intended for probable use as a dangerous weapon.
(Code 1956, § 42-56.1)

Sec. 54-356. Unclaimed weapon.
(a) Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Unclaimed weapons means any weapon that comes into the possession of the police department in the performance of official police duties or in possession of the municipal court in the performance of official court duties, and the title and ownership thereof is not claimed by any person within six months after such weapon comes into the possession of the police department or municipal court.
(b) Disposition generally. All unclaimed weapons not needed as evidence, in possession of the police department or municipal court for the period of six months, shall be disposed of in the manner provided in this section.
(c) Forfeiture to the city. Any unclaimed firearm not needed as evidence in the possession of the police department central evidence and property divisions or municipal court for a period of six months shall be forfeited to the city and may be disposed of by the superintendent of police or the chief administrative judge of the municipal court as follows:
(1) No unclaimed firearm in possession of the police department or municipal court shall be sold at public or private sale or released from the custody of the police department or municipal court unless first destroyed.
(2) The superintendent of police shall order such unclaimed firearms in possession of the police department destroyed, or may retain such unclaimed firearms for the use and benefit of the police department in performance of its official duties.
(3) The chief administrative judge of the municipal court shall order such unclaimed firearms in possession of municipal court returned to the police department to be destroyed.
(4) The superintendent of police shall develop and promulgate rules and regulations for the destruction of unclaimed firearms and weapons by means of disassembling and crushing.
(Code 1956, §§ 42-70--42-72)

Sec. 54-403. Disturbing the peace.
(a) Whoever commits the act of disturbing the peace shall be guilty of a misdemeanor, except as provided for in section 102-1 relative to juvenile warning citations.
(b) Disturbing the peace is the intentional performance of any of the following acts:
(1) To communicate to another person a threat, either verbally, in writing, or through any other form of communication; to kill or murder him or to do him great bodily harm, or threatening to kill, murder or do great bodily harm to members of his family, or to any other person when that person is in the immediate company of the person to whom the threat is communicated.
(2) To address any words to any person who is lawfully in a public place where such words, which by their very utterance, inflict injury or have a direct tendency to cause acts of violence by the person to whom, individually, the remark is addressed.
(3) To interrupt any lawful assembly of people by the use of words where such words, by their very utterance, inflict injury or have a direct tendency to cause acts of violence.
(4) To address language to any person that makes reference to the person addressed as having sexual intercourse with himself or with another where such language inflicts injury, insults or causes acts of violence by the person to whom the language is addressed or is intended to inflict injury, insult or cause acts of violence.
(5) To engage in a fistic encounter.
(6) To act in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his life, limb or health.
(7) To act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged.
(Code 1956, § 42-77)
State law references: Similar provisions, R.S. 14:103.

Sec. 10-7. Possession of weapons where alcoholic beverages are sold, consumed on the premises.
It shall be unlawful for any person to have in his possession a firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, in any premises where alcoholic beverages are sold and consumed on the premises, except the owner or lessee of the premises, or their employees; sheriffs; state police; city police, or persons vested with police power when in the actual discharge of their duties.
(Code 1956, § 67-3.1)
State law references: Weapons generally, R.S. 40:1751 et seq.

 

[dstriguy]

Just like the no carrying in a Class A liquor license establishment. Had to go look up the liquor laws myself to find out that the only places issued Class A liquor licenses are true "bars" that don't allow minors in their place of business. Most people assumed you couldn't go into an Applebees because they had a bar in there. Completely false...they are safe just like a bank...unless you find out there is a school 999' behind the bank on the other side of the woods you didn't know about....then you screwed....

Just wanted to post this up when I saw your comment about Applebees and similar places. You are correct about a Class A General Retail being just a straight up bar, but here lies the problem.... Depending on how the Chilis or Applebees restuarant filed for their permit to sell alcohol could change the legality of things considerably.

HERE IS THE OTHER PROBLEM with carrying in a Chilis or Applebees,

The criminal code trumps the rule booklet statement section regarding LRS 26:71.1


The criminal code is as follows...


LRS 14:95.5 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.

I have researched this at great length and have spoken with the Sgt in charge of the CHP unit at LSP and a few attorneys. Bottom line is if alcohol is sold for consumption on the premises you are not allowed to carry either open or concealed. That is why I am a huge fan of don't ask don't tell and if the **** goes down in the Chili's parking lot after having dinner with my family, then I rather be tried by twelve than carried by six, and I will pay the five hundred dollar fine.

 

[Diesel700]

I have to agree with you! I will carry in places like that any way. I don't drink while I am out and about. I don't feel that i should have to disarm just to go to a semi-nice place to feed my family.

 

[70116]

§95.4. Consent to search; alcoholic beverage outlet
A. Any person entering an alcoholic beverage outlet as defined herein, by the fact of such entering, shall be deemed to have consented to a reasonable search of his person for any firearm by a law enforcement officer or other person vested with police power, without the necessity of a warrant.
B. For purposes of this Section, "alcoholic beverage outlet" 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 the primary purpose or are an incidental purpose of the business of the establishment.
C. An "alcoholic beverage outlet" licensed to sell firearms or containing an indoor shooting gallery shall be exempt from the provisions of this Section in those areas designated for the sale of firearms or the shooting gallery.
D. An "alcoholic beverage outlet" shall not include a restaurant if a majority of its gross receipts are from sales of food and non-alcoholic beverages.
E. The owner of the alcoholic beverage outlet shall post a sign, at or near the entrance, that states that by the fact of entering these premises a person shall be deemed to have consented to a reasonable search of his person for any firearm by a law enforcement officer or other person vested with police power, without the necessity of a warrant.
Added by Acts 1983, No. 524, §1.

What effect, if any, does RS 14:95.4.D, above, have on the overall definition of an "Alcholic Beverage Outlet". I realize that this section deals specifically with Consent to Search but it does seem to create a discrepancy that a good attorney would use.

 

[Snookie]

My My

That is why I am a huge fan of don't ask don't tell and if the **** goes down in the Chili's parking lot after having dinner with my family, then I rather be tried by twelve than carried by six, and I will pay the five hundred dollar fine.[/QUOTE]

I agree 100%

 

[Baldrik78]

Chili's is not an "alcohlic beverage outlet". It is completely legal to CC in there. Just stay out of the seperated "bar area".

 

[dzelenka]

One of the LSA goals for this year's legislative session is to clarify the ABO issue with respect to CHPs.

 

[Woods]

I would pose any CC legal questions to forum user Downrange if you can catch him... or leave a note for Mr. Duty with the folks at Precision if he isn't there.

He's a CHP Instructor, attorney and gun Lobbyist with the LSA, and he's open to answering questions for folks as seen here:

Precision Sponsor Thread

 

[tea333]

Some years ago the only transportation I had was a motorcycle. One bright hot summer day I had been out shooting my brand new SS Ruger Redhawk, .44 magnum with a 7.5 in barrel carried in a shoulder holster. I had to cash a check and my bank at the time didn't have a drive though or ATM so I parked my bike and walked into the bank. The bank guard, sitting behind a desk at the front door, noticed my handgun as I walked past him. He got up and walked with me to the tellers cage and stood near me as I did my banking business. I turned around to leave and the guard kept his distance and followed me to the door. No one said a word, no one freaked out. I left the bank without incident. I was probably more uncomfortable than the other people in the bank. It was a hot summer day so I didn't have a jacket on but did have my helmet in my hand. I've carried concealed in a bank since my open carry incident but since my 1911 is well concealed no one notices. I still feel uncomfortable even carrying concealed while in a bank though the law allows me to.

 

[kirkdbergeron]

So I CAN unload my LCP and put it in my bags and check it as luggage, I can also place a box of ammo in my luggage, as long as its not loaded and not on me or my carry on its legal correct?

 

[Nolacopusmc]

So I CAN unload my LCP and put it in my bags and check it as luggage, I can also place a box of ammo in my luggage, as long as its not loaded and not on me or my carry on its legal correct?

you are correct. When you approach the ticket counter, simply say, "i would like to declare a firearm." it needs to be in a lockable case and ammo must be in original box or magazine. Each airline will differ slightly in ammo packaging and amount.

 

[charliepapa]

So I CAN unload my LCP and put it in my bags and check it as luggage, I can also place a box of ammo in my luggage, as long as its not loaded and not on me or my carry on its legal correct?

One of my mechanics lives in WA. He travels to and fro via various airlines and has been bringing his Glock back and forth for over a year after he got his CCP.

I think the rub here is that the firearm is separated from the ammo, and it is inaccessible to anyone on the plane.

 

[kirkdbergeron]

Thanks all!