Paragraph C is the issue. A law enforcement officer can only enter while armed when in the performance of his official duties. No bar wants an officer in the place since it makes the drinkers uncomfortable.
I do not know the outcome of if it has gone to trial as yet but a LEO and his agency was sued a couple years ago due to his parking down the street from a bar and then pulling those over that left the bar. An officer inside a bar on his own is not going to be thought well of.
Now there is a grey area as well. The CCW laws say "•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."
So a permittee could not go armed into the portion of a restaurant considered as the "bar." The permittee is allowed to be in a restaurant that has a bar as long as they remain out of the bar. I frequently eat at Logans or Outback but do not sit in the bar area.
Paragraph C is the issue. A law enforcement officer can only enter while armed when in the performance of his official duties.[ /QUOTE]
Keep in mind "official duties" covers way more than just calls for service.
No bar wants an officer in the place since it makes the drinkers uncomfortable.
Really? The vast majority of the bigger bars around here actually hire off duty police as securtiy.
I do not know the outcome of if it has gone to trial as yet but a LEO and his agency was sued a couple years ago due to his parking down the street from a bar and then pulling those over that left the bar.
I see your PRO-drunk driver as well as ANTI-cop.
An officer inside a bar on his own is not going to be thought well of.
And do you think they give a ****?
Now there is a grey area as well. The CCW laws say "•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."
So a permittee could not go armed into the portion of a restaurant considered as the "bar." The permittee is allowed to be in a restaurant that has a bar as long as they remain out of the bar. I frequently eat at Logans or Outback but do not sit in the bar area.
No ****! There is no "grey area". You pointed out correctly in the latter part of your post-stay the F**K out of the bar area of a restaurant if your packing!
Just what of the post do you not understand? I will be glad to explain or backup whatever you do not understand. I think it is all very simple.
oldman45: Where does the Law Enforcement Officers Safety Act fit into all of this discussion?
And what part of this question do you not understand?
Quote:
Originally Posted by oldman45
BTW: Police officers getting a cup of coffee or cigarettes there are breaking a law by carrying their guns inside. The can only legally do so when called there by dispatch.
Quote:
Posted by rebelray84
And what LAW would that police officer be breaking?
YOU said "BTW: Police officers getting a cup of coffee or cigarettes there are breaking a law by carrying their guns inside.The can only legally do so when called there by dispatch."
I asked "What LAW would that police officer be breaking?"
Again,tell me the law the officer is breaking entering a Circle K without being called there?
I would like the specific criminal statute and the penalty for breaking it.
Please.
Circle K is likely the major contributor to the anti gun groups. Their ban on guns is nationwide.
While I do not agree with them, I see their side of it and they are not going to change their ways no matter how many emails, letters or boycotts.
Each day across the US, Circle K has a few dozen stores being the object of armed robberies. Each year they have a few employees shot, some fatally. They feel they can get rid of all guns or make a major dent in the gun market until legislation is passed to remove guns from the hands of civilians.
BTW: Police officers getting a cup of coffee or cigarettes there are breaking a law by carrying their guns inside. The can only legally do so when called there by dispatch.
No Sir, I do not misunderstand the law. I deal with these laws daily all over the State.
Just as with bars, an officer is not able to carry where guns are posted as forbidden. If the officer is called there, then he/she can carry a sidearm inside.
Caddo Parish SO recently fired a deputy for going inside a bar with his sidearm without being called to the bar.
If an officer is making a random check for security, then carrying a firearm is tolerated.
Now for the real issue: There is no laws that forbid a person from carrying a gun into a convenience store but the store can forbid weapons, such as Circle K has done nationwide. Lowe's Building Materials also did this years ago but has since reversed their position on guns. If one goes inside a store where guns are forbidden, then they can ask you to leave. Yet cou cannot be charged with carrying a weapon inside the store. If you refuse to leave, then you can be charged with Entering & Remaining, among other possible charges.
A POST certified law enforcement officer does not have any more rights than a civilian citizen. He has powers of arrest but is limited to where he can go without being called there.
Would Circle K ask the officer to leave their store? No, but the stores are posted restricting guns and the officer could be asked to leave.
I work with these laws, courts, attorneys, law enforcement agencies and politicians all day long. seven days a week and have tangled with this issue before.
You won't get an answer because he is talking out of his ass again.
FIrst he says there is no law....it is a rule. Then he says the LEO is breaking a law.
The sad part is...he is allegedly a "court recognized expert."
FIRST.....
THEN....
This is a perfect example of what happens when you become a little too old to be doing the job you used to do. I am sure he was a decent court expert back in his day, but he clearly is still operating under what he "knew" in 1967.
These are the kinds of experts that either side will get when it benefits their position.
Archaic.
Sir you have your opinion. They often differ from mine. I have to stand on the law as written. We can agree on many things and disagree on a few. This is one we disagree on. I earn a nice salary being correct on a witness stand and have made a couple of mistakes over the last 38 yrs while on the stand. All my reports end with a disclaimer that my opinion is based on the law and the facts as I was furnished or learned and any new information may change my opinion.
No ****! There is no "grey area". You pointed out correctly in the latter part of your post-stay the F**K out of the bar area of a restaurant if your packing!
So answer the question then court expert.
What law, as in the actual Louisiana Revised Statute, would a LEO be charged with for going into Circle K off duty?
...standing on the law as written of course.
Actually he said while ON DUTY they would be breaking the law unless they were called there.
Can you believe it?
For those of us seeking the truth, who are not so naive, could you provide general citation for what it is, specifically, that allows police to carry concealed or otherwise, onto private property that forbids it?
I think that specific tidbit would be useful for future conversations.
For those of us seeking the truth, who are not so naive, could you provide general citation for what it is, specifically, that allows police to carry concealed or otherwise, onto private property that forbids it?
I think that specific tidbit would be useful for future conversations.
There is no law against it and if there is no law against it then it is not illegal.
The sign on a circle k is a store RULE not LAW. Could they ask someone,including the police, to leave because of it-YES.Did the person carrying the weapon into the store,including the police,break the law-NO!