Louisiana law on CCW in businesses

[ARshooter]

Does anyone know if and what Louisiana laws are in existence for signage a business must post at their store front and punishment of a CHP holder if they carry into a business prohibiting CCW? I’m not asking this to know how and where to skirt the law, but only to know and obey it. If a business owner wishes to ban CCW, I will respect their wish and avoid going there all together, but I’m just wondering how diligent we need to be in looking for signage. For years, I always thought there were laws on the books which spelled out the specific size of a sign, letters and where a business had to display it on their store front. When I got to digging into this, I was not able to find any laws whatsoever on this subject. I know a CHP holder must notify and ask for permission to carry into the residence of a private residence, but am not finding anything dealing with businesses. It’s one thing if all a business owner/representative can do is ask you to leave the establishment, but it’s another thing if criminal charges can be brought against you.

Recently, I read an article of an occurrence at a hotel somewhere in the country where the hotel tried to get CHP holders into trouble with the law. Basically, a group of CHP holders booked a bunch of rooms at a hotel for a CCW convention, but after they were all checked in, someone at the hotel found out who they were and hurriedly printed and posted signs around the hotel prohibiting CCW, then had the nerve to call the police. It’s been a few months since I read the article, so I don’t recall if it was the hotel manager or owner who pulled this stunt. This isn’t something that happened in Louisiana, but similar occurrences can happen anywhere and I just want to make sure I know the facts. If anyone has any information on this, I will really appreciate you sharing your knowledge of it.

 

[swampfoxx]

AFAIK - There are no signage laws in LA. In Texas there are 30.06 and 30.07 signage, but not here. Some businesses put a No Firearms sign on the door but does not carry the weight of the law. Concealed means concealed. If they see you and ask you to leave, you must leave or face trespassing charges, but we don't have signage laws.

 

[nolaradio]

Some businesses put a No Firearms sign on the door but does not carry the weight of the law. Concealed means concealed.

Want to test the law??? I don't think anyone, including myself, has found a case that has tested whether or not the signs carry the weight of the law in Louisiana - even though there is not a law specifically addressing a "no firearms" sign.

There was a lengthy discussion about it here a while back. Still nothing definite. Personally, I don't have the time or money to test the theory that the signs have no force of law.


https://www.bayoushooter.com/forums/showthread.php?172804&p=1616053#post1616053

 

[Fugum]

It certainly would be nice if our Attorney General would weigh in with an opinion. I've seen some pretty small signs buried all the way at the bottom right side of a sliding glass door. I'd hate to think someone could face legal issues based on a 2" x 2" moving sticker.

 

[Magdump]

The way I understand the laws in this state, a business can indeed report you to law enforcement and have you removed and trespassed from the property but not prosecuted for practicing your right to carry concealed with a permit unless they are located within the confines of a firearms free zone so marked by local government such as a school. In other words, just because a private business says you can’t carry on their property does not make it against the law. It’s just against their rules. We’ve had that explained to us at work by a sheriff’s deputy when discussing active shooter drills. The question was asked a few times and it was answered with much innuendo and emphasis on not against the law.

 

[swampfoxx]

The way I understand the laws in this state, a business can indeed report you to law enforcement and have you removed and trespassed from the property but not prosecuted for practicing your right to carry concealed with a permit unless they are located within the confines of a firearms free zone so marked by local government such as a school. In other words, just because a private business says you can’t carry on their property does not make it against the law. It’s just against their rules. We’ve had that explained to us at work by a sheriff’s deputy when discussing active shooter drills. The question was asked a few times and it was answered with much innuendo and emphasis on not against the law.

That's pretty much what I said. They can trespass you if you refuse to leave when asked. You can't be arrested simply for carrying a weapon in disregard to their unlawful sign.

 

[JBP55]

Double Tap.

 

[JBP55]

That's pretty much what I said. They can trespass you if you refuse to leave when asked. You can't be arrested simply for carrying a weapon in disregard to their unlawful sign.

You can be arrested for "Remaining After Being Forbidden" or just told by LEO to leave and not return. The business can put your name on a list and you are no longer welcome in their stores, same with shoplifters.

Double Tap.

 

[Magdump]

That's pretty much what I said. They can trespass you if you refuse to leave when asked. You can't be arrested simply for carrying a weapon in disregard to their unlawful sign.

Yup, they don’t even need a reason to permanently trespass a person. And once Walmart enters that into their face rec data banks you graduate from being Walmart people and move up the social ladder.

 

[Trailboss]

It certainly would be nice if our Attorney General would weigh in with an opinion. I've seen some pretty small signs buried all the way at the bottom right side of a sliding glass door. I'd hate to think someone could face legal issues based on a 2" x 2" moving sticker.

Sometimes grey areas are nice. If you ask for an AG opinion (only certain people can do so) or for the legislature to pass a law, be ready to be get a result you may not like. I'd rather let that sleeping dog lie.

 

[Magdump]

Sometimes grey areas are nice. If you ask for an AG opinion (only certain people can do so) or for the legislature to pass a law, be ready to be get a result you may not like. I'd rather let that sleeping dog lie.

Kind of like the dodo’s that write stupid letters to the ATF to ask how to hold a firearm?


Wise words Trailboss.

 

[ARshooter]

Thank you so much to everyone’s replies and information. I just wanted to make sure I wasn’t missing something. I kept a CHP for quite a few years, but didn’t bother renewing it some years back. I just renewed it and won’t let that happen again.

 

[Mannelite]

I am not a lawyer. What I was told by my CCW instructor and what I believe to be the law here to be is, that if a business has a no firearms sign, and you walk in with your CHP, you have broken the law and are subject to arrest regardless if they ask you to leave and if you acquiesce or not. From what I was told, the evidence the court will look at is whether the sign was legible and visible to any reasonable person entering the store. So basically there are 2 basic rules to follow here, 1: do a reasonably good job of looking for a sign, don't spend more than a few seconds, but spend a few seconds looking around and see if you can reasonably spot a sign. Lesson 2: C is for Concealed. If your gun is concealed and you act cool and inconspicuous wherever you go you won't have an issue, even if you accidentally stumble in a place that doesn't allow concealed carry. Printing doesn't matter, literally no one who would care will profile and notice that you are carrying, unless that place has security like a bank or something. This is different from what the other posts are saying and you should probably consult some more expert legal advice, because I DO believe that you can be arrested before you are even trespassed if they have a sign posted and you carry anyway.

 

[4-14]

That's pretty much what I said. They can trespass you if you refuse to leave when asked. You can't be arrested simply for carrying a weapon in disregard to their unlawful sign.

you’re already trespassing when you enter with the gun. The sign is your notice that you are forbidden to have the gun on/in the property, you carrying it anyway is you remaining after already forbidden. If you break a posted rule, you don’t have to be asked to leave.

14:63:3 specifically says *No person shall without authority go into or upon or remain in or upon or attempt to go into or upon...after having been forbidden to do so...including by means of any sign...

which means no, you can’t be criminally charged under any gun law, but you can/will be charged for remaining after forbidden.

 

[AustinBR]

I am not a lawyer. What I was told by my CCW instructor and what I believe to be the law here to be is, that if a business has a no firearms sign, and you walk in with your CHP, you have broken the law and are subject to arrest regardless if they ask you to leave and if you acquiesce or not. From what I was told, the evidence the court will look at is whether the sign was legible and visible to any reasonable person entering the store. So basically there are 2 basic rules to follow here, 1: do a reasonably good job of looking for a sign, don't spend more than a few seconds, but spend a few seconds looking around and see if you can reasonably spot a sign. Lesson 2: C is for Concealed. If your gun is concealed and you act cool and inconspicuous wherever you go you won't have an issue, even if you accidentally stumble in a place that doesn't allow concealed carry. Printing doesn't matter, literally no one who would care will profile and notice that you are carrying, unless that place has security like a bank or something. This is different from what the other posts are saying and you should probably consult some more expert legal advice, because I DO believe that you can be arrested before you are even trespassed if they have a sign posted and you carry anyway.

Not really true except for two things:
1) Concealed = Concealed
2) Seek true legal advice.

 

[Bigchillin83]

True concealed is concealed... motto I go by UNLESS it’s a state or federal building, courthouse, police station ect... do your job and nobody else will think twice... 99.9% of non concealed carrier have no idea what printing is or even care less that they think they saw you printing when you reached up to grab some toilet paper... now if your shirt comes up and firearms is shown... you didn’t do your job correct on the whole concealed carry part of the situation ...