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Message

re: Have concealed carry instructors been giving bad info?

Posted on 5/10/13 at 5:03 pm to
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10110 posts
Posted on 5/10/13 at 5:03 pm to
quote:

Soooo, can I carry in Pluckers/ Hooter's eat in the restaurant side?

According to my instructor and most everyone that knows the details, yes.
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 5/10/13 at 5:04 pm to
Here are the current gun laws and links.

Possession of a firearm on premises of an alcoholic beverage outlet


quote:

§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.
Posted by skuter
P'ville
Member since Jan 2005
6140 posts
Posted on 5/10/13 at 5:05 pm to
That was my understanding also, as long as I was on eating side. But then you hear stuff like this

quote:

I asked a good friend who is a local cop and he said absolutely 100% can not carry if a restarant sells alcohol. He also backed this up with his sergeant.
and you are back to
This post was edited on 5/10/13 at 5:08 pm
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 5/10/13 at 5:09 pm to
Continued


Note that according to the definition the weapon must be used in the commission of a crime of violence.

Illegal Carrying of a firearm at a parade with any firearm used in the commission of a crime of violence



quote:

95.2.1. Illegal carrying of a firearm at a parade with any firearm used in the commission of a crime of violence

A. Whoever commits the crime of illegal carrying of weapons pursuant to R.S. 14:95 with any firearm used in the commission of a crime of violence as defined in R.S. 14:2(B), within one thousand feet of any parade or demonstration for which a permit is issued by a governmental entity, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Subsection and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.

B. As used in this Section, the following words mean:

(1) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle, which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

(2) "Parade" for the purposes of this Section shall be defined as any celebration of Mardi Gras or directly related pre-Lenten or carnival related festivities, school parades, parish parades, state parades or municipal parades, or any demonstration for which a permit is issued by a governmental entity.

(3) "Parade route" means any public sidewalk, street, highway, bridge, alley, road, or other public passageway upon which a parade travels.

C. Lack of knowledge that the prohibited act occurred on or within one thousand feet of the parade route shall not be a defense.

Acts 2004, No. 661, §1.
Posted by bapple
Capital City
Member since Oct 2010
11872 posts
Posted on 5/10/13 at 5:09 pm to
This is why I HATE arbitrary lines. Criminals could not care less where they can or can't carry.
Posted by skuter
P'ville
Member since Jan 2005
6140 posts
Posted on 5/10/13 at 5:12 pm to
Absolutely, but as a new CCW holder I just want to know. Black and white with no grey where I can go. GH also told us to respect the signs at businesses.
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10110 posts
Posted on 5/10/13 at 5:13 pm to
quote:

signs at businesses.




Rare in Louisiana but yes, they do need to be respected.
Posted by bapple
Capital City
Member since Oct 2010
11872 posts
Posted on 5/10/13 at 5:14 pm to
quote:

Absolutely, but as a new CCW holder I just want to know.


Of course. I wasn't directing that at you. It's just my general frustration.
Posted by skuter
P'ville
Member since Jan 2005
6140 posts
Posted on 5/10/13 at 5:16 pm to
Oh I know, I'm frustrated too

Going back to the signs, I'm concerned what will happen is everywhere will have a sign in the future.
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10110 posts
Posted on 5/10/13 at 5:18 pm to
quote:

everywhere will have a sign in the future.




I will do my shopping online and begin trespassing when necessary to shop in person.
Posted by skuter
P'ville
Member since Jan 2005
6140 posts
Posted on 5/10/13 at 5:20 pm to
quote:

I will do my shopping online and begin trespassing when necessary to shop in person.

Cross Whole Foods off your list

ETA: late on WF
This post was edited on 5/10/13 at 5:23 pm
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 5/10/13 at 5:21 pm to
So

Who is still confused?
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10110 posts
Posted on 5/10/13 at 5:21 pm to
Do keep in mind, Whole Foods is a gun free zone. Just go to Albersons instead.
Posted by PvilleP
Prairieville
Member since Apr 2011
1950 posts
Posted on 5/10/13 at 5:23 pm to
quote:

Who Me


https://legis.la.gov/lss/lss.asp?doc=78744
Hit the "Previous Page" link please
Restaurant/bars are not considered "alcoholic beverage outlets"
quote:

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

This post was edited on 5/10/13 at 5:25 pm
Posted by skuter
P'ville
Member since Jan 2005
6140 posts
Posted on 5/10/13 at 5:23 pm to
I'm not confused but it seems that some of our LEO's might be.

If I'm at a parade then 100% sure I will be consuming , so that's easy.
This post was edited on 5/10/13 at 5:25 pm
Posted by aVatiger
Water
Member since Jan 2006
27967 posts
Posted on 5/10/13 at 5:27 pm to
quote:

Criminals could not care less where they can or can't carry.


this is why i carry everywhere just about, did it to class at LSU.. and don't frown upon anybody that still does

I bad best buds in Norris Hall at VT when that crazy a-hole slaughtered those students, had an a buddy that i wrestled with and went to wrestling camp with all through high school that got killed trying to barricade the door so that fricker couldn't kill anymore people.. he died trying to protect other people

after that day, all my friends carried to class whether it was legal or not

so if i must break the law to protect my family, other and myself, then by god.. so be it

Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10110 posts
Posted on 5/10/13 at 5:28 pm to
Great find. Will bookmark for future discussions (the weekly CC thread).
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 5/10/13 at 5:30 pm to
PvilleP


I am just putting the relevant laws up for everyone to read.


The law's you are referencing have nothing to do with the actual criminal laws which I have quoted.
This post was edited on 5/10/13 at 5:33 pm
Posted by PvilleP
Prairieville
Member since Apr 2011
1950 posts
Posted on 5/10/13 at 5:35 pm to
RS 14:95.4 clearly defines what is considered as an "alcoholic beverage outlet"

and also
quote:

"Parade route" means any public sidewalk, street, highway, bridge, alley, road, or other public passageway upon which a parade travels.


The last few parades I've attended have NOT traveled on the sidewalks. I just stay on my side of the barricades.
This post was edited on 5/10/13 at 5:38 pm
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 5/10/13 at 5:42 pm to
quote:

RS 14:95.4 clearly defines what is considered as an "alcoholic beverage outlet"


Shoulda put this link up in your posts

quote:

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.


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