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Carrying in Nola Questions

Posted on 12/26/16 at 1:41 pm
Posted by JamalSanders
On a boat
Member since Jul 2015
12135 posts
Posted on 12/26/16 at 1:41 pm
I'm headed to Nola for the Sugar Bowl, is there any specific rules about carrying there? Or can some of you point me in the right direction to look for myself?
Posted by tke857
Member since Jan 2012
12195 posts
Posted on 12/26/16 at 1:43 pm to
Edit: “We resolved that conflict to allow those that have a lawfully issued concealed carry permit into a class A establishments, that have the majority of their revenue from food, and not alcohol sales.”

cant conceal withing 1000ft of a permitted demonstration or parade
This post was edited on 12/26/16 at 2:34 pm
Posted by wickowick
Head of Island
Member since Dec 2006
45785 posts
Posted on 12/26/16 at 1:43 pm to
Don't carry if you are drinking, can't carry in a bar.
Posted by Propagandalf
Baton Rouge
Member since May 2010
2528 posts
Posted on 12/26/16 at 1:48 pm to
I'm headed to Nola for the Sugar Bowl, is there any specific rules about carrying there?

can't bring your gun into the stadium.
Posted by JamalSanders
On a boat
Member since Jul 2015
12135 posts
Posted on 12/26/16 at 2:14 pm to
I don't carry and drink but I did not know about not having it in a restaurant or a parade.
Posted by wickowick
Head of Island
Member since Dec 2006
45785 posts
Posted on 12/26/16 at 2:14 pm to
quote:

cant conceal in any restaurant that serves alcohol.


Not true...
Posted by Timmayy
Houston
Member since Mar 2016
1592 posts
Posted on 12/26/16 at 2:17 pm to
Yeah don't listen to the restaurant advice. It's is true about parades. You cannot carry in a bar though. A true restaurant you are good to go
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 12/26/16 at 5:29 pm to
Actually it isn't "true" about parades.

The La. Concealed Handgun Permit statutes say you cannot carry in a parade. Carrying at a parade is different.

LINK
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:
(1) A law enforcement office, station, or building.
(2) A detention facility, prison, or jail.
(3) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.
(4) A polling place.
(5) A meeting place of the governing authority of a political subdivision.
(6) The state capitol building.
(7) Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the
terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage.
(8) Any church, synagogue, mosque, or other similar place of worship, eligible for qualification as a tax-exempt organization under 26 U.S.C. 501, except as provided for in Subsection U of this Section.
(9) A parade or demonstration for which a permit is issued by a governmental entity.
(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.
(11) Any school, school campus, or school bus as defined in R.S. 14:95.6.


HOWEVER -- New Orleans has an ordinance that prohibits carry within 1000 feet of a parade route. This ordinance is not considered to be valid since cities cannot pass laws that supersede state law.

HOWEVER, even though the N.O. ordinance cannot supersede state law, you'll still get arrested. The "Catch 22" is that you may (should) eventually win in court, but you'll still pass an unpleasant time in Central Lockup.

The solution is to stay away from N.O. unless you just have to be there.

For sure, you can't carry in the Superdome (posted place of business) and you can't carry if your blood alcohol content (BAC) exceeds .05% (about 1-2 beers for most people).
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 12/26/16 at 5:40 pm to
quote:

HOWEVER -- New Orleans has an ordinance that prohibits carry within 1000 feet of a parade route. This ordinance is not considered to be valid since cities cannot pass laws that supersede state law.

HOWEVER, even though the N.O. ordinance cannot supersede state law, you'll still get arrested. The "Catch 22" is that you may (should) eventually win in court, but you'll still pass an unpleasant time in Central Lockup.


The problem you have is that they will define that being on the parade route puts you "into" the parade so the city ordinance does not supercede state law.

Chances are you would have to win in the appellate court.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 12/26/16 at 6:12 pm to
Having discussed this with attorneys at LSP, I don't think it would go that far. But I think it would be great if someone did exactly that (win at the appellate level).

But again -- I don't go to N.O. unless I absolutely have to. And when I do go there, I have the name and number of good N.O. attorney that my "regular" on-call attorney recommended for anything in Orleans Parish.
Posted by I B Freeman
Member since Oct 2009
27843 posts
Posted on 12/26/16 at 6:12 pm to
Correct me if I am wrong but there is no law concerning open carry.


Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 12/26/16 at 6:22 pm to
quote:

Having discussed this with attorneys at LSP


And you probably wouldn't have problems with LSP, but NOPD, City Prosecutors and Judges might be a different story.

I think LSP and the city have differing opinions on this.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 12/26/16 at 6:26 pm to
quote:

Correct me if I am wrong but there is no law concerning open carry.


I believe the city ordinance bans both open and concealed carry.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 12/26/16 at 6:38 pm to
quote:

And you probably wouldn't have problems with LSP, but NOPD, City Prosecutors and Judges might be a different story. I think LSP and the city have differing opinions on this.


Google "amicus curiae brief.
Posted by greenhead11
Member since Feb 2012
922 posts
Posted on 12/26/16 at 6:53 pm to
quote:

I believe the city ordinance bans both open and concealed carry.


Wouldn't this supercede LA state open carry law?
Posted by bayouman
Uptown NOLA
Member since Apr 2012
1561 posts
Posted on 12/26/16 at 7:07 pm to
If you open carry in NOLA, someone will call the NOPD on you and they WILL take you downtown and ask questions MUCH later. I agree with this 100%.


HOWEVER, even though the N.O. ordinance cannot supersede state law, you'll still get arrested. The "Catch 22" is that you may (should) eventually win in court, but you'll still pass an unpleasant time in Central Lockup.

Posted by greenhead11
Member since Feb 2012
922 posts
Posted on 12/26/16 at 7:09 pm to
quote:

carry in NOLA, someone will call the NOPD on you


After the 2hrs they take to respond. Just had to take that opportunity. State of the Mitch.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 12/26/16 at 10:19 pm to
quote:

Google "amicus curiae brief.


I'm not understanding what you are implying.

Are you saying LSP would submit an Amicus in a criminal trial in the municipal court on behalf of someone charged with the Ordinance?


This post was edited on 12/26/16 at 10:20 pm
Posted by mallardhank
Atlanta
Member since Feb 2006
1274 posts
Posted on 12/26/16 at 11:15 pm to
I visited NO two years ago for a wedding, staying in the quarter. I called the police precinct in the quarter and asked the officer about carrying being as how I'm from Georgia. His exact words were "shoot first ask questions later".
Don't know how that plays out in real time but I had the lcp in my pocket everywhere I went that weekend.
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 12/26/16 at 11:48 pm to
(no message)
This post was edited on 8/8/20 at 10:15 am
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