Restaurant Carry a No-No

[AustinBR]

Cops don't give a F*** if you carry in a restaurant or if you carry at all, generally. The real world doesn't sell well here on bayoushooter though.

Seriously. Waving a gun around in a restaurant is stupid. If the gun is concealed and you don't use it, no problems. If you have to use it, well, at least you live to tell the story and were prepared.

 

[oleheat]

I've never been patted down after ordering a seafood platter, now that y'all bring it up.

Is this normal?

 

[CCW]

Just an observation.

If RS 40:1379.3 does not allow concealed carry of a handgun in a restaurant that serves alcohol due to the prohibition in RS 14:95.5, how does it allow anyone to carry a concealed handgun since there is a general prohibition against carrying a concealed firearm in RS 14:95? Twisted logic...

 

[AustinBR]

I've never been patted down after ordering a seafood platter, now that y'all bring it up.

Is this normal?

Do they just skip to pepper spraying or tazering you?

 

[oleheat]

Do they just skip to pepper spraying or tazering you?

Only when I try and take home AYCE catfish in my secret CCW vest.

 

[mpl006]

Just an observation.

If RS 40:1379.3 does not allow concealed carry of a handgun in a restaurant that serves alcohol due to the prohibition in RS 14:95.5, how does it allow anyone to carry a concealed handgun since there is a general prohibition against carrying a concealed firearm in RS 14:95? Twisted logic...

I thought about that too but I think the only VERY small leg that could be stood on is the fact that, as Bearco pointed out, in section M of 40:1379.3 states that the law doesn't change other laws about WHERE you could carry concealed not THAT you could carry concealed. So therefore, 14:95.5 still holds where as it amends 14:95. Now, I don't think that is the intent of the law based on it specifically calling out Class A Retail in the new law. I also don't like the wording of the proposed law. If they are going to change 14:95.5, it should reflect something like 14:95.2 section C.(4) where it says it shall not apply to people "in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or R.S. 40:1379.3." That way, in the future, if they want to make it to where you can carry in a Class A Retail, they only have to change one statute and people would have to look at one place to find out what is legal and not for CHP holders.

 

[machinedrummer]

Cops don't give a F*** if you carry in a restaurant or if you carry at all, generally. The real world doesn't sell well here on bayoushooter though.

Let me explain a little better. I was at lunch at a Chinese restrain and at the table next to us a man was approached by a deputy, actually two. This guy, a good bit over weight obviously did not do a good job of concealing his pistol. He was printing. They asked if he was a Leo he said no. He gave them his permit and they told him do a better job of concealing and have a nice day. This was a couple years ago. I didn't mean that if you were ignorant enough to go waving a gun around in a restraunt. And yes I understand if it is properly concealed this would probably never happen but it sometimes does. In no way am I promoting illegal acts. I'm just as confused as everyone else. I apologize if it seemed as if I were taking a personal shot at any members. Just if anyone had it happen to them and what was the outcome.

 

[calcagno45]

Let me explain a little better. I was at lunch at a Chinese restrain and at the table next to us a man was approached by a deputy, actually two. This guy, a good bit over weight obviously did not do a good job of concealing his pistol. He was printing. They asked if he was a Leo he said no. He gave them his permit and they told him do a better job of concealing and have a nice day. This was a couple years ago. I didn't mean that if you were ignorant enough to go waving a gun around in a restraunt. And yes I understand if it is properly concealed this would probably never happen but it sometimes does. In no way am I promoting illegal acts. I'm just as confused as everyone else. I apologize if it seemed as if I were taking a personal shot at any members. Just if anyone had it happen to them and what was the outcome.

I would imagine those officers spotted the handgun half@ss concealed and wanted to verify this guy actually had a permit. No permit and actions would have been taken.

 

[madwabbit]

Seriously. If the gun is concealed and you don't use it, no problems. If you have to use it, well, at least you live to tell the story and were prepared.

I put this here again, as it is pretty damn good advice regardless of the building you are in. <--- note the "."

 

[Cajun Chooter]

well, I carry in restaurants... and I would rather be "deemed illegal carry" rather than anyone of my family pronounced ---- "DEAD" ....

 

[AustinBR]

well, I carry in restaurants... and I would rather be "deemed illegal carry" rather than anyone of my family pronounced ---- "DEAD" ....

Oh the logic. I love it.

--Sent From My Galaxy S4

 

[geoney]

I would imagine those officers spotted the handgun half@ss concealed and wanted to verify this guy actually had a permit. No permit and actions would have been taken.

And that would have been an illegal arrest as they had no PC. Just because they saw what was clearly a firearm does not mean the have enough reasonable suspicion to approach and demand a CHP.

Just like when a cop sees you at a red light obviously driving, that is not enough to pull you over just to see if you have a driver's license.

I agree half-assed concealed carry is poor etiquette, but printing is not enough for a less than consensual police encounter.


LEO's, am I off base here?

 

[CCW]

RS 14:95.4 states that by entering an Alcohol Beverage Outlet "ABO", you consent to being searched. If LEO notices someone that appears to be carrying a firearm in an "ABO", that person has already given the LEO consent to search them. The problem with the current interpretation is that it now does not matter if you have a CHP. In the eyes of the Attorney General and the LSP, you are committing a misdemeanor by possessing a firearm in an alcohol beverage outlet.

Again, this is not my interpretation. It is the interpretation of the Attorney General and the Louisiana State Police Concealed Handgun Unit.

 

[Shadowfire]

Apparently there may be a change in the next session:
Gun laws up for debate in next legislative session

Eds: APNewsNow.

BATON ROUGE, La. (AP) — Debate will continue over Louisiana's gun laws in the next legislative session that begins in March.

The Advocate (http://bit.ly/1aXLgbs ) reports that lawmakers have filed proposals both to restrict gun sales and to expand the list of who can possess guns in places that sell alcohol.

New Orleans Rep. Austin Badon is sponsoring a bill that would make it unlawful to sell a firearm without verification that the purchaser has completed a firearms safety or training course. Violators would face a fine.

Rep. Jeff Thompson, of Bossier City, wants anyone with a concealed handgun permit to be able to take a weapon into restaurants that have permits to sell alcohol. Metairie Rep. Joe Lopinto wants to allow both concealed weapon permit holders and law enforcement officers on duty or off duty.

___

Information from: The Advocate, http://theadvocate.com

 

[rocketsteve]

RS 40:1379.3

N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

(10) 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.


RS 26:71.1

(1) Class A-General:

(d) A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).

(2) Class A-Restaurant:

A Class A-Restaurant permit shall be issued only to a "restaurant establishment" as defined by R.S. 26:73(C)(1) or a dinner theater as defined in R.S. 26:2(6) and issued to a facility in conjunction with a Class "R" restaurant permit under the provisions of R.S. 26:73.


RS 26:73

C.(1) For purposes of this Section, "restaurant establishment" shall be defined as an establishment:

(a) Which operates a place of business whose average monthly revenue from food and nonalcoholic beverages exceeds fifty percent of its total average monthly revenue from the sale of food, nonalcoholic beverages, and alcoholic beverages.
(b) Which serves food on all days of operation.
(c) Which maintains separate sales figures for alcoholic beverages.
(d) Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.





Louisiana State Statute is very clear on the subject:

If you can bring your juvenile children into the restaurant establishment, said establishment is NOT a Class-A General establishment and you ARE permitted to concealed carry.

RS 14:95.4


§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. ***See above: RS 26:73 (C)(1)(a)

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.




Majority (as defined by Merriam-Webster dictionary):

3a : a number or percentage equaling more than half of a total.

http://www.merriam-webster.com/dictionary/majority




What are we discussing, folks? I see no room for individual interpretation; seems awfully damned cut-n-dry to me...

 

[JBP55]

AG Opinion 13:0109 is currently under review.

As of 02/19/2014.

AG Opinion 13:0109 is currently under review by the AG at the request of an elected official.

#13-0109
La. R.S. 14:95.5 provides a general prohibition against possessing a firearm on the premises of any commercial establishment in which alcoholic beverages are sold in individual servings for consumption on the premises, subject to certain exceptions contained in La. R.S. 14:95.5(C), one of which applies to a law enforcement officer acting in the performance of his official duties.
Op to , , ,
Date Released: 08/21/2013



LSP is currently waiting for the AG Opinion Review of 13:0109 which will be titled 13:0109A.
LSP will comply with the AG Opinion 13:0109A when it is released.

 

[rocketsteve]

RS 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.



As per RS 14:95.4 (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.

 

[JBP55]

I spoke to someone at LSP and the AG Office and until the law is changed or a different AG Opinion is rendered this will apply.

Only LEO On Duty Can Legally Carry In An Establishment That Sells Alcoholic Beverages For Consumption On The Premises.

Not For Off Duty LEO Or Anyone With A CHP.

There is an exception for an off duty LEO who responds to a call as he will then be considered on duty. This could vary between LEA's.

 

[rocketsteve]

I spoke to someone at LSP and the AG Office and until the law is changed or a different AG Opinion is rendered this will apply.

Only LEO On Duty Can Legally Carry In An Establishment That Sells Alcoholic Beverages For Consumption On The Premises.

No Exceptions For Off Duty LEO Or Anyone With A CHP.

So, is the AG reviewing his opinion because "he's a nice guy" or because he's being sued??

 

[JBP55]

So, is the AG reviewing his opinion because "he's a nice guy" or because he's being sued??

As far as I know he was asked to review the Opinion by an Elected Official whose name will be listed on the new Opinion.