LA Legislature will see bill seeking to clarify Conceal Carry in restaurants.

[drpc]

http://www.nola.com/politics/index.ssf/2014/01/gun_bills_louisiana_concealed_carry.html

 

[calcagno45]

...while one New Orleans area lawmaker is seeking to restrict gun buying to people with safety course experience.

I hope we don't see this pass

 

[RedStickChick]

I hope we don't see this pass

Just curious, but why not?

 

[killerkarl]

Just curious, but why not?

Because it would further infringe.

 

[spanky]

I do not like this at all.

The current law is quite clear. If there is a Class-A General liquor license, you cannot carry there. Otherwise, you can.

There is so much unnecessary confusion regarding this and I'm very afraid that people seeking to "clarify" the law will get much more than they're bargaining for.

 

[LACamper]

Spanky, I thought LSP changed their interpretation on that, I'm assuming after consultation with the AG...

 

[Gus McCrae]

I do not like this at all.

The current law is quite clear. If there is a Class-A General liquor license, you cannot carry there. Otherwise, you can.

There is so much unnecessary confusion regarding this and I'm very afraid that people seeking to "clarify" the law will get much more than they're bargaining for.

This. A new law is just as likely to muck things up or diminish what the state allows as provide additional clarification.

 

[charlie12]

I do not like this at all.

The current law is quite clear. If there is a Class-A General liquor license, you cannot carry there. Otherwise, you can.

There is so much unnecessary confusion regarding this and I'm very afraid that people seeking to "clarify" the law will get much more than they're bargaining for.

I agree 10000000%. It's already in black & white

 

[XD-GEM]

The AG did indeed issue an opinion that no guns may be brought onto the premisis of any alcholic beverage outlet, regardless of what the CHP law says. There are actually three pre-filed bills: one for LEO, one for CHP and one that combines the two. Since "restaurant Carry" is something that only a few states prohibit, it might be possible to bring the weight of the examples of the rest of the nation to bear in the arguments - assuming that a certain representative from Shreveport and a certain former law officer now on the Criminal Justice Committee do not sway people like last time.

 

[charlie12]

The AG did indeed issue an opinion that no guns may be brought onto the premisis of any alcholic beverage outlet, regardless of what the CHP law says. There are actually three pre-filed bills: one for LEO, one for CHP and one that combines the two. Since "restaurant Carry" is something that only a few states prohibit, it might be possible to bring the weight of the examples of the rest of the nation to bear in the arguments - assuming that a certain representative from Shreveport and a certain former law officer now on the Criminal Justice Committee do not sway people like last time.

Wonder what law the AG was referring to? or is he just talking out of his ass

 

[JadeRaven]

All of these proposed laws are crap.

The entire concept of no carrying in places that sell alcohol is total ******** and needs to be eliminated.

 

[Emperor]

There has never been a time in recent history that Louisiana was more "Pro" 2nd Amendment than now. And while I understand the apprehension to any tampering with current gun laws, I must say; that if these laws get muddied up in this current pro gun climate; we are probably wasting our time moaning about it anyway.

To be proactive on any bills; know your detractors motives and try to counter with logic and common sense!

 

[doc ace]

There has never been a time in recent history that Louisiana was more "Pro" 2nd Amendment than now. And while I understand the apprehension to any tampering with current gun laws, I must say; that if these laws get muddied up in this current pro gun climate; we are probably wasting our time moaning about it anyway.

To be proactive on any bills; know your detractors motives and try to counter with logic and common sense!

Where have you been man?!

 

[Emperor]

Where have you been man?!

Spreading divine wisdom to lesser traveled parts unknown!

Don't worry young one; I've been watching!

 

[rocketsteve]

How much more clear can the damned laws be?? Oh, I'm sorry; I forgot that we're talking about dumb-assed politicians and bureaucrats...


RS 40:1379.3

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:

(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.


RS 26:71.1

(1) Class A-General:

(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).

(2) Class A-Restaurant:

A Class A-Restaurant permit shall be issued only to a "restaurant establishment" as defined by R.S. 26:73(C)(1) or a dinner theater as defined in R.S. 26:2(6) and issued to a facility in conjunction with a Class "R" restaurant permit under the provisions of R.S. 26:73.


RS 26:73

C.(1) For purposes of this Section, "restaurant establishment" shall be defined as an establishment:

(a) Which operates a place of business whose average monthly revenue from food and nonalcoholic beverages exceeds fifty percent of its total average monthly revenue from the sale of food, nonalcoholic beverages, and alcoholic beverages.
(b) Which serves food on all days of operation.
(c) Which maintains separate sales figures for alcoholic beverages.
(d) Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.





Louisiana State Statute is very clear on the subject:

If you can bring your minor children into the restaurant establishment, said establishment is NOT a Class-A General establishment and you ARE permitted to concealed carry.

 

[CCW]

Steve is correct. The law is very clear. The problem is Louisiana Attorney General Opinion 13-0109, issued August 12, 2013. It cites R.S. 14:95.5 to determine that only the owner, an employee and a law enforcement officer in the performance of his official duties are allowed to posses a firearm in an Alcohol Beverage Outlet (ABO). It is as if R.S. 40:1379.3 does not exist. The AG does not mention the concealed carry law in the opinion. I asked the LSP Concealed Handgun Unit if the opinion applies to concealed carry permittees. Their answer is that the opinion DOES applies to concealed carry permittees.

At this time, it seems that the AG and the LSP have taken the position that a concealed carry permit does not authorize the permittee to carry a concealed handgun in any ABO.

 

[rocketsteve]

Steve is correct. The law is very clear. The problem is Louisiana Attorney General Opinion 13-0109, issued August 12, 2013. It cites R.S. 14:95.5 to determine that only the owner, an employee and a law enforcement officer in the performance of his official duties are allowed to posses a firearm in an Alcohol Beverage Outlet (ABO). It is as if R.S. 40:1379.3 does not exist. The AG does not mention the concealed carry law in the opinion. I asked the LSP Concealed Handgun Unit if the opinion applies to concealed carry permittees. Their answer is that the opinion DOES applies to concealed carry permittees.

At this time, it seems that the AG and the LSP have taken the position that a concealed carry permit does not authorize the permittee to carry a concealed handgun in any ABO.

Then would I be correct in assuming that the Louisiana Legislature has never passed a Firearms Preemption Law?



Florida has passed such a law and the basic theme of the law is this:

The Florida Legislature, and ONLY the Florida Legislature, has the authority to regulate firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation. All attempts to regulate, by lesser state-based authorities and/or governments, is illegal and declared null and void.

http://www.leg.state.fl.us/Statutes...ing=&URL=0700-0799/0790/Sections/0790.33.html




Maybe the Louisiana Legislature needs to looks at this option, to reign-in the AG...

 

[charlie12]

Steve is correct. The law is very clear. The problem is Louisiana Attorney General Opinion 13-0109, issued August 12, 2013. It cites R.S. 14:95.5 to determine that only the owner, an employee and a law enforcement officer in the performance of his official duties are allowed to posses a firearm in an Alcohol Beverage Outlet (ABO). It is as if R.S. 40:1379.3 does not exist. The AG does not mention the concealed carry law in the opinion. I asked the LSP Concealed Handgun Unit if the opinion applies to concealed carry permittees. Their answer is that the opinion DOES applies to concealed carry permittees.

At this time, it seems that the AG and the LSP have taken the position that a concealed carry permit does not authorize the permittee to carry a concealed handgun in any ABO.

It's confusing the AG is talking about 14:95.5 and when it was written in 1985 we didn't have CHP's. I thought the opinion he gave was for off duty LEO's to carry and 14:95.5 would apply to them.
Now we have State issued CHP's and a new rule/law called RS 40:1379.3 for us. So why is he turning a blind eye to RS 40:1379.3? Rule on the off duty LEO's and leave us to OUR own RS.

Am I that far off?

 

[Gerberman]

Good layout of the law, thanks.

 

[SVTFreak]

Unfortunately, the only way it will get tested is by a trial. The AG can issue all the opinions he wants, and can try anything he wants, but the trial is where the law is interpreted. Until there is a ruling for precedent, it's up for debate and no answer will be correct until precedent is set.

My family member lawyer says that the chp is clear enough and shouldn't have anything to worry about should you get into trouble.