Illegal carry question

[Armnhammer]

I have a friend who was arrested Saturday night for illegal carry of a firearm at an alcohol establishment. He was outside the strip club waiting on some girls to come out he was picking up and had his gun on him (not concealed). The cop walking out with the girls saw his gun and arrested him. He is in St Helena parish jail right now and being held on a $25k bond.

I was under the impression if you don't go into the alcohol establishment that you weren't breaking the law. Is this a Felony, and does anyone know a good 2nd amendment attorney in that area?

 

[JBP55]

Hugh Sibley is one of the most seasoned Attorneys in Greensburg. 985-229-2244

 

[bigtattoo79]

Are you sure that's what the charge was?

 

[Armnhammer]

Yes I called the jail and asked what he was charged with. Only 1 charge and it is for illegal carrying of a weapon at an alcohol establishment.

 

[Vermiform]

Talk about violating the 4 S's. He nailed every one of them.

 

[Bearco]

Charged with a local ordinance or LA RS 14:95.5? 14:95.5 covers "premises" as well. I'm no LEO or lawyer, but I would assume that could be interpreted to include parking lot. http://legis.la.gov/lss/lss.asp?doc=78744

Sent from my SCH-I545 using Tapatalk

 

[Jack]

Is it illegal to carry into the establishment or anywhere on premises?

- - - Updated - - -

Never mind, thanks Bearco.

 

[JR1572]

§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.

Sorry, but I like to post the entire text of laws because some people are too lazy to click on the link.

JR1572

 

[bigtattoo79]

Just looked it up it includes the premises where alcohol is sold for consumption. Sounds like it includes the parking lot. 99% sure it's not a felony.

 

[whitsend]

I think this one covers it.

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

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.

 

[JR1572]

Just looked it up it includes the premises where alcohol is sold for consumption. Sounds like it includes the parking lot. 99% sure it's not a felony.

Correct, not a felony.

JR1572

 

[bigtattoo79]

If he didn't act an ass when they arrested him and if he has a clean background I'm sure the DA will work with him.
No one could really think its a good idea to OC in front of a strip club.

 

[Armnhammer]

He thought as long as he didn't go inside the establishment then he was ok. I just don't know why they are charging him with a Felony.

 

[bigtattoo79]

He thought as long as he didn't go inside the establishment then he was ok. I just don't know why they are charging him with a Felony.

Should not be a Felony. Did they tell him it was?

 

[O_R_B_1]

$25K for a non-felony bond? Something is not right here......

 

[1911forlife]

seems like this would be a good law to change....can't even be armed in the parking lot???

 

[pyreaux]

Sounds like and opportunity to test that new ammendment.

 

[whitsend]

He thought as long as he didn't go inside the establishment then he was ok. I just don't know why they are charging him with a Felony.

What exactly are they charging him with?
It would appear he should be charged with RS 14:95.5, which is not a felony.

 

[Armnhammer]

The jail is telling me he's being charged for "illegal carrying of a firearm at an alcohol establishment." It's a felony and the bond is $25k. St Helena Parish

 

[JR1572]

$25K for a non-felony bond? Something is not right here......

Looks like there's more to this story that we don't know about yet...

JR1572