Carrying inside restaurants

[LouisianaCarry]

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.

Most LEOs do not know about this law, in my experience. The LSP rulebook does not even mention it. My goal is to get a summary judgement regarding this law and get it overturned. You think that law is bad? Check this one out they passed in order to enforce that one:

http://www.legis.state.la.us/lss/lss.asp?doc=78743

Yes, I am working to get it overturned, also.

RS 14:95.4. 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.

 

[dawg23]

1. Clearly no one wants to be arrested, or even hassled, by the po po.

2. And clearly the statutes that were listed are poorly written laws.

3. Not being a lawyer (and not wanting to be one), I have no idea if the CCW laws and rules supersede (or would be ruled by a judge as having superseded) the 1983 and 1985 statutes.

4. The Concealed Handgun statutes and rules regulate those of us to whom concealed handgun permits have been issued. Title 26, I think, regulates the alcoholic beverage industry, and by extension places limits on what we can and cannot do.

5. With all of the foregoing having been said, I still intend to follow, and will continue to convey to my students, the guidance given by the La. State Police Concealed Handgun Permit Unit..... Don't carry in the "bar" or "lounge" portion of a restaurant that serves alcohol. And don't consume a quantity of alcohol that would cause your blood alcohol level (BAC) to exceed .05%. (In fact, I am of the opinion that consuming alcohol and CCW should be mutually exclusive activities...but that's just me).

6. I fully support LouisianaCarry's goal of rescinding the offensive laws he has discussed.

 

[LouisianaCarry]

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