Nighclub concealed or open carry

[posse comatosis]

LOL, Dawg23, my comments are a bargain at the price you paid for them.

 

[dawg23]

I have not found this in writing anywhere and have never heard of it until I spoke to a Marine/Blackwater Merc who assured me that it is the law. It may or may not be correct.

May we presume that he is also a reserve deputy in New Orleans ?

 

[posse comatosis]

a Marine/Blackwater Merc who assured me that it is the law

That legal construct is simply ludicrous.

 

[dawg23]

That legal construct is simply ludicrous.

Probably no more so than some of the "legal opinions" posted here by certain members.

 

[tjmorris58]

Let's make this a simple yes or no. Can I go to ,let's say, a Olive Garden type restaurant, enjoy a good meal with a non-alcohol beverage, away from the bar while carrying? This may clear up some of the questions being asked.

 

[dawg23]

Let's make this a simple yes or no. Can I go to ,let's say, a Olive Garden type restaurant, enjoy a good meal with a non-alcohol beverage, away from the bar while carrying?

Yes.

You can also go to Olive Garden and drink an alcoholic beverage with your meal (although this is a bad idea for a host of other reasons) as long as your blood alcohol content doesn't exceed .05%

 

[charlie12]

Yes.

You can also go to Olive Garden and drink an alcoholic beverage with your meal (although this is a bad idea for a host of other reasons) as long as your blood alcohol content doesn't exceed .05%

I think that answers most peoples question. Thanks.

 

[Nolacopusmc]

yes.

However, you cannot go into a bar that serves " bar food". Here in new Orleans that would be a bulldog or f& m bar.

Chillis, bennigans, yes.

Ultimately I think it would reside with the officer for arrest and district attorny for prosecution.

 

[LouisianaCarry]

Just to be clear, you can only do that while concealing with a permit under RS 40 1379.3 (which is of course what was meant). You cannot do that with a parish permit or while open carrying. Just making note of that, carry on.

 

[Nolacopusmc]

Yes.

You can also go to Olive Garden and drink an alcoholic beverage with your meal (although this is a bad idea for a host of other reasons) as long as your blood alcohol content doesn't exceed .05%

Very true

 

[gunz4me]

Can I get another opinion on this? I do contract work for a bar owner. He conceals, I and I have a CHP myself. Many times I am bringing payroll or picking up cash. As a contractor, am I supposed to disarm when I walk into his bar to conduct business? Technically as a contractor, I am an employee of his, and he has no issues with me carrying. I was just wondering what kind of legal problems I would have if he were to be raided while I am either dropping off paychecks or picking up cash to make a deposit in order to pay the pay checks?

I would make the argument that since I am carrying cash, and the patrons know I am carrying something out of there in the bank envelope, that I would be prime bait for the criminal type if I were unarmed once I hit the parking lot.

 

[Swampy]

I am under the impression that if the owner knows you are carrrying and you are not drinking and hanging out in the bar you will be fine..

Just my understanding of the law.. But i think its meant for customers drinking and hanging out in the bar.. Not employees and such..

 

[dawg23]

Can I get another opinion on this? I do contract work for a bar owner. He conceals, I and I have a CHP myself. Many times I am bringing payroll or picking up cash. As a contractor, am I supposed to disarm when I walk into his bar to conduct business? Technically as a contractor, I am an employee of his, and he has no issues with me carrying. I was just wondering what kind of legal problems I would have if he were to be raided while I am either dropping off paychecks or picking up cash to make a deposit in order to pay the pay checks?

I would make the argument that since I am carrying cash, and the patrons know I am carrying something out of there in the bank envelope, that I would be prime bait for the criminal type if I were unarmed once I hit the parking lot.

Call 225-925 GUNS (4867). This is the Louisiana State Police Concealed Handgun Permit Unit.

Ask for Sgt. Starnes.

State Police recently changed some of the CCW rules, but have not notified me of any changes in the "carry in a bar" provisions. The folks at the above-listed number can apprise you of the manner in which they are currently enforcing the regs.

 

[posse comatosis]

gunz4me,

The word "contractor" can have different statutory meanings.

For purposes of income taxation, withholding is unnecessary on a contractor.

Under another statute, the same individual might be considered an employee for purposes of that statute.

Since it sounds like you don't actually perform any bar-related services on the premises but are merely a money transporter suggests you may not be a statutory employee of the bar.

However, you might be considered an agent of the bar owner and thereby under another existing Louisiana statute entitled to his right to carry a weapon in the transport of business proceeds. Something like the construct that private security guards assume the rights of the property owner.

 

[Nolacopusmc]

Just remember, there is the LETTER OF THE LAW, and there is the interpretation of the law. What is allowable under one law may not be "tolerated" under the same law in our state. That is the nature of the judicial system. SOme laws are enforced differently and more sternly depending on the politiczal climate of the area you are in. Furthermore, besides if the leo makes an issue out of it, the DA has to decide to carry charges or not.

It all depends on how liberally or not your area reads the law. One cop might arrest, one might not. It is really hard to say what is "allowed" in situations like this. The law is ambiguos at best in my opinion, but generally, if you are legally carrying in the course of your work, you are not drinking, and your work takes you into an alcoholic establishment for the course of your work, you should not have a problem.

AGain though, that depends on how the leo on the scene and the legislators in your area see it.

You will not get a staight answer from anyone who truly has the power to give it. They like to keep it in the gray area so they can decide who to prosecute and who to let go.

 

[gunz4me]

Well, I won't tell you what I do with regards to carry, but you can probably guess....

I do not drink when I drop off payroll or pick up money and I try to go when it is slow, unless we can only meet at happy hour.

With regards to alcohol, I essentially stopped drinking, but I will have a drink every now and again. If I am carrying or driving, I have a "NO alcohol at all" rule in place. You can thank the drunk bastard who ran into me last year for that! He wasn't over the legal limit, but it was obvious that he was not able to handle the level of alcohol he had in his system!

 

[dawg23]

Well, I won't tell you what I do with regards to carry, but you can probably guess....

I do not drink when I drop off payroll or pick up money and I try to go when it is slow, unless we can only meet at happy hour.

With regards to alcohol, I essentially stopped drinking, but I will have a drink every now and again. If I am carrying or driving, I have a "NO alcohol at all" rule in place. You can thank the drunk bastard who ran into me last year for that! He wasn't over the legal limit, but it was obvious that he was not able to handle the level of alcohol he had in his system!

So, did you call State Police ??? They are the folks who will/may/shall revoke your CCW permit (unlike some members of this board who have repeated demonstrated their lack of expertise ragarding laws and regulations that apply to the carrying of a handgun).

 

[posse comatosis]

This is of some concern to me in terms of carrying a folding knife in the pocket versus carrying a fixed blade knife of the same blade length in a pocket. I'm afraid police won't regard the fixed blade as a "tool" but as more of a deadly weapon.

Lawyers call what Nolacopusmc describes as being "localized."

 

[gunz4me]

So, did you call State Police ??? They are the folks who will/may/shall revoke your CCW permit (unlike some members of this board who have repeated demonstrated their lack of expertise ragarding laws and regulations that apply to the carrying of a handgun).

I am going to be pissed if I call them and they tell me "no".

 

[CCW]

Here are to prohibited locations from the LSP website:

Prohibited Locations
R.S. 40:1379.3 (N) states that 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:

* A law enforcement office, station, or building;
* A detention facility, prison, or jail;
* A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom;
* A polling place;
* A meeting place of the governing authority of a political subdivision;
* The state capitol building;
* Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage;
* Any church, synagogue, mosque or similar place of worship;
* A parade or demonstration for which a permit is issued by a governmental entity;
* 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.
* Any school "firearm free zone" as defined in R.S. 14:95.6.

The provisions of R.S. 40:1379.3 (N) shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section. No individual to whom a concealed handgun permit is issued may carry such concealed handgun into the private residence of another without first receiving the consent of that person.