Carrying inside restaurants

[Speedlace]

Does anyone here know if it' legal to carry inside of a restaurant what serves alcohol (such as Hooters, Outback, Chili's, Fridays,etc.)
I already know that It would be illegal to carry inside of places like Fred's, Texas Club, &, Blue Lagoon? and so on.

 

[LA_Huntsman]

as long as the main venue isn't alcohol and you do not plan on drinking you should be fine....

... also we're talking about concealed carry.

 

[Speedlace]

... also we're talking about concealed carry.

open carry=illegal?
concealed carry=legal

 

[spanky]

afaik, open carry is legal anywhere in LA but you will definitely get hassled

but what la_huntsman said is right, as long its a restaurant with a bar in it and not a bar with a restaurant in it, you're safe.

 

[jeremyws1]

"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."

Whatever that means...

 

[TowTruck]

"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."

Whatever that means...

engrish

 

[CavalryJim]

A resturant will most likely have a Class A - Resturant license vs. bars that have a Class A - General license. Carrying in an establishment with a Class A - Restuarant license is ok.

 

[greg t]

Here's the full statute, but basically, it's someplace that has a bar, a display of alcohol, a bartender, and be 18-and-over. There are more nuances, but that's a good synopsis.

(1) Class A-General:
(a) A Class A-General retail permit shall be issued only to a retail outlet where beverage alcohol is sold on the premises for consumption on the premises by paying customers. Such an establishment must be equipped with a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.
(b) A Class A-General retail establishment shall be staffed by a bartender whose primary duty is to open and/or prepare beverage alcohol products for consumption on the premises by paying customers, or prepared with an appropriate lid or cover on the container for take out service. Such an establishment must meet all state and local health and zoning requirements as set forth by the state and by parishes and municipalities where a Class A- General retail outlet is located.
(c) Repealed by Acts 1995, No. 1016,§ 2.
(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).
(e) Notwithstanding the provisions of Subparagraphs (a) through (d) of this Paragraph the commissioner may issue a Class A-General retail permit for beverages of low alcoholic content to a bona fide commercial film theater which had a retailers, Class A permit for beverages of low alcoholic content on January 1, 1994.
(f) Notwithstanding the provisions of Subparagraphs (a) through (e) of this Paragraph, the commissioner may issue a Class A-General retail permit for beverages of low alcoholic content to any retail establishment for consumption of beverages of low alcoholic content on or off the premises. Such establishment must meet all state and local health and zoning requirements as set forth by the state and by parishes and municipalities where the retail outlet is located. A Class A-General retail permit for beverages of low alcoholic content issued pursuant to the authority granted by this Subparagraph shall not be deemed or qualify as a prerequisite for the issuance of any other type license or permit issued by the state or any political subdivision thereof.
(g) The licensed premises of a Class A-General retail permit shall be able to accommodate a minimum of twenty-five patrons and contain no less than three hundred seventy-five square feet of public habitable floor area.
(h) The commissioner shall promulgate rules regarding requirements related to the number and location of public restrooms to be used in conjunction with the licensed premises of each Class A-General retail permit.
(i) Any Class A-General retail permit application submitted prior to September 1, 2001, shall not be required to meet the qualifications set forth in Subparagraph (g) of this Paragraph.

 

[jeremyws1]

"(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)."

I'll take that as...

"If they have a bouncer, leave your gun."

 

[dragginaknee]

i carry all the time in resturants, as long as i dont have a drink with my food! If i plan on having a drink i the the gun in the truck!

 

[spanky]

I'll take that as...

"If they have a bouncer, leave your gun."

That's how I read it.

 

[asianpersuasion]

if the resturant has a bar in it you can't carry in the bar area that's what i was told.

 

[CavalryJim]

if the resturant has a bar in it you can't carry in the bar area that's what i was told.

Not necessarily. If the restaurant has a Class A Restaurant license, you should be good carrying in any part of the establishment. Just keep it concealed, don’t consume alcohol, act civilized, and it should be a non-issue.

 

[jeremyws1]

Just keep it concealed, don’t consume alcohol, act civilized, and it should be a non-issue.

I think that simply summarizes carrying concealed in general. Well said.

 

[dawg23]

Not necessarily. If the restaurant has a Class A Restaurant license, you should be good carrying in any part of the establishment. Just keep it concealed, don’t consume alcohol, act civilized, and it should be a non-issue.

Not quite corect. Asian persuasion is correct, per instructions given to Concealed Handgun Instructors by the supervisor of the Louisiana State Police Concealed Handun Permit unit.

Of course, if you are in another state, YMMV.

 

[Speedlace]

Of course, if you are in another state, YMMV.

What YMMV stand for???

 

[jeremyws1]

http://www.urbandictionary.com/define.php?term=YMMV

 

[CavalryJim]

Not quite corect. Asian persuasion is correct, per instructions given to Concealed Handgun Instructors by the supervisor of the Louisiana State Police Concealed Handun Permit unit.

Of course, if you are in another state, YMMV.

If you asked the theoretical "carry in restaurants serving alcohol" question to senior LEOs at the state, parish, and local level you would most likely receive multiple conflicting answers from "can't carry anywhere on the property" to "it is completely legal". The thing to realize is that their answers are merely opinions and not necessarily based on existing laws.

 

[LouisianaCarry]

Any carrying of any firearm in any restaurant that serves alcohol of ANY kind is ILLEGAL. My organization is trying to get that changed. This does not exempt anyone with a concealed carry permit.

http://www.legis.state.la.us/lss/lss.asp?doc=78744

RS 14:95.5. 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.


LouisianaCarry.org argument against said statute located here:

http://louisianacarry.org/changes/beverage_outlet.htm

This is an unconstitutional law (Based on Article 1:11 of LA Constitution) and needs to be REPEALED. Join our mailing list or click here to see how you can help: http://louisianacarry.org/misc/help.htm

PS. I know that the do not include this in the "Official LSP Rule Book," but that does not mean it is not a law. IT IS and you CAN (not saying you will) get arrested for it and you can get six months in jail for it.

 

[Speedlace]

Any carrying of any firearm in any restaurant that serves alcohol of ANY kind is ILLEGAL. My organization is trying to get that changed. This does not exempt anyone with a concealed carry permit.

http://www.legis.state.la.us/lss/lss.asp?doc=78744

RS 14:95.5. 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.


LouisianaCarry.org argument against said statute located here:

http://louisianacarry.org/changes/beverage_outlet.htm

This is an unconstitutional law (Based on Article 1:11 of LA Constitution) and needs to be REPEALED. Join our mailing list or click here to see how you can help: http://louisianacarry.org/misc/help.htm

PS. I know that the do not include this in the "Official LSP Rule Book," but that does not mean it is not a law. IT IS and you CAN (not saying you will) get arrested for it and you can get six months in jail for it.

AAAAHHHHH.....WEAK
I've already CC and OC inside of a couple of restaurants already . Guess I won't be carrying my gun in any restaurants time soon.