just wondering, bar owner and chp
- Thread starter diat150
- Start date
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Well you can start here. Now I don't know about concealed
LRS 14:95.5
§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.
LRS 14:95.5
§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.
Makes you wonder he said concealed in a bar.
So to me the CHP rules says
•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 in my simple brain I would say it's legal from him to have a gun in his possession in his bar but not concealed.
Brannon and I were having this conversation last week. These two laws certainly conflict with each other. Our OPINIONS agreed that this could probably only be decided in court.
14.95.5(c) allows firearm possession in the bar, but not concealed carry.
40.1379.3 allows concealed carry, but not in a bar.
In the context of a good shoot and the bar owner had a CHP, then he would probably not be prosecuted, but of course there is no guarantee. A bad shoot accompanied with bad public opinion, then it would probably go to the courts to be decided.
Private property would probably trump the statute in court.
14.95.5(c) allows firearm possession in the bar, but not concealed carry.
40.1379.3 allows concealed carry, but not in a bar.
In the context of a good shoot and the bar owner had a CHP, then he would probably not be prosecuted, but of course there is no guarantee. A bad shoot accompanied with bad public opinion, then it would probably go to the courts to be decided.
Private property would probably trump the statute in court.
LongGoneDays
Mine. Not yours.
I agree. Luckily it doesn't keep me from going anywhere I would ever go, but worrying about whhat typpe off license the business has wastes my damn time.
The first part is what I'm thinking as well.
My thought on the other part is if I'm on my own property, I don't need a concealed carry permit anyway (as far as I know), so I'd assume that concealed carry law wouldn't apply and that 14.95.5 would be the effective law for reference.
