Nighclub concealed or open carry

[Mwill75]

Would someone be able to legally conceal or open carry in a club where alchohol is served? What if that person worked at the establishment?

On another note, does having a concealed carry permit affect your open carry rights?

And lastly if you have a concealed carry permit do you have to volunteer to a frisk and disarming anytime you are stopped(speeding ticket for instance). Or only when you are asked to step out of the car or detained?

 

[LouisianaCarry]

http://louisianacarry.org/oc/
http://louisianacarry.org/faq

http://louisianacarry.org/laws

Owner or authorized employees only may carry in a Class A establishment.

No, a CHP has no effect on OC rights.

Yes, you must inform and consent to be disarmed if concealing.

 

[Mwill75]

Hmmm, if it can be proven that the establishment makes most of it's revenue from other means besides alchohol would that be a pass, or does that only apply to resturants?

 

[LouisianaCarry]

The only place in LA gun law that percentage of sales makes a difference is when determining when cops can make a legal unconstitutional search:

RS 14:95.4 Consent to search; alcoholic beverage outlet

§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.

 

[Swampy]

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.


I guess you just guess how much money they make on food versus liquor...

 

[dawg23]

Owner or authorized employees only may carry in a Class A establishment.

Better check your source on this.

 

[LouisianaCarry]

If you are meaning cops also can carry I figured that was a gimme and did not need to be clarified.

 

[LouisianaCarry]

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.


I guess you just guess how much money they make on food versus liquor...

Bear in mind that only applies in regards to a legal unconstitutional warrant-less search with no probable cause- that is not a part of any carry prohibition.

 

[dawg23]

If you are meaning cops also can carry I figured that was a gimme and did not need to be clarified.

No, I was referring to employees carrying concealed in a bar. I posed this question to the LSP Concealed Handgun Permit Unit a couple of years ago and was told that it isn't allowed.

I understand that La. State Police is not the definitive source for legal opinions. But we can't get them from the Attorney General.

 

[Bayoupiper]

I think what we are taking away from this is don't carry a gun into a bar.
With all the power drinking a**holes out there it seems like a good idea to me.



.

 

[LouisianaCarry]

Open carry is clearly allowed, provides for it in the alcohol establishment statute.

Concealed could be an issue, yes.

Before you say I am advocating OC, I am not. I wish CC was clearly covered. I would be willing to bet case law would end up favorably, but it all depends on the jurisdiction, of course.

§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.

 

[posse comatosis]

My take on this is you can carry anywhere in a restaurant with one possible exception, as it is not an alcoholic beverage establishment so long as it brings in more from food than booze. Maybe all bars within restaurants must have a separate Class A-General retail permit, and you can't go there, according to RS 40:1373.3, Health And Safety Code.

If a restaurant bar can operate under the Class R-Retail Restaurant permit, then the ATF is just blowing smoke about sitting at the bar. Statutory confusion in the rank and file seems to be a hallmark of any ATF agency.

If you conceal your gun and keep it that way, any search you have implicitly "consented" to by entering the premises of the "alcoholic beverage establishment" is unconstitutional, and thereby illegal and inadmissible in a court of law. And without the illegal search, there is no other way to prove you have a concealed weapon without being searched under a different pretense or by self incrimination.

As there may indeed be other, legal ways to rate a search, I would be careful on packing in a bar.

 

[dawg23]

My take on this is you can carry anywhere in a restaurant with one possible exception, as it is not an alcoholic beverage establishment so long as it brings in more from food than booze. Maybe all bars within restaurants must have a separate Class A-General retail permit, and you can't go there, according to RS 40:1373.3, Health And Safety Code.

If a restaurant bar can operate under the Class R-Retail Restaurant permit, then the ATF is just blowing smoke about sitting at the bar. Statutory confusion in the rank and file seems to be a hallmark of any ATF agency.

If you conceal your gun and keep it that way, any search you have implicitly "consented" to by entering the premises of the "alcoholic beverage establishment" is unconstitutional, and thereby illegal and inadmissible in a court of law. And without the illegal search, there is no other way to prove you have a concealed weapon without being searched under a different pretense or by self incrimination.

As there may indeed be other, legal ways to rate a search, I would be careful on packing in a bar.

The red text is good advice.

Most of your other comments need a lot more research.

 

[LouisianaCarry]

Gonna have to go with Dawg on this one.

 

[dawg23]

Gonna have to go with Dawg on this one.

Is there a cardiologist in the house ?

I feel faint.

 

[LouisianaCarry]

I told you the other day there is probably lots of things we agree on and I hope one day we can meet in person and we would probably get along.

 

[Manimal]

I thought that I posted a reply to this...I think the page failed to load for some reason.

I have not found this in writing anywhere and have never heard of it until I spoke to a Marine/Blackwater Merc who assured me that it is the law. It may or may not be correct.

He said that it is legal for a person to carry in a Bar if they tell the Owner/Manager that they are carrying, the Manager/Owner OKs it, the person carrying shows the Owner/Manager their CHP, and the person carrying does not drink on the premises.

Sounds like reasonable legality to me but like I said, I haven't seen it and it could be wrong.

He said that it is legal to do in BR & Port Allen, maybe it is some local code?

 

[LouisianaCarry]

That is bad info.

 

[dawg23]

I thought that I posted a reply to this...I think the page failed to load for some reason.

I have not found this in writing anywhere and have never heard of it until I spoke to a Marine/Blackwater Merc who assured me that it is the law. It may or may not be correct.

He said that it is legal for a person to carry in a Bar if they tell the Owner/Manager that they are carrying, the Manager/Owner OKs it, the person carrying shows the Owner/Manager their CHP, and the person carrying does not drink on the premises.

Sounds like reasonable legality to me but like I said, I haven't seen it and it could be wrong.

He said that it is legal to do in BR & Port Allen, maybe it is some local code?

There are no local ordinances that preempt Louisiana concealed carry statutes.

Maybe check with the Coast Guard.

"Reasonable" and "legality" are usually mutually exclusive terms.

 

[charlie12]

Can a person under 18 go in a place that has a class A?