Open Carry In Rouse's Slidell

[jmcrawf1]

Now i'm totally confused - see highlight, then link below:

§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.

http://www.nola.com/politics/index.ssf/2013/04/concealed_carry_guns_louisiana.html

I wish everyone could get on the same book, much less same page.

This seems to contradict Subsection 95.5

Any feedback ?

That bill appears to aim to take out the language about alcoholic beverage permits as it pertains to CHP holders but 95.5 will still get an open carrier arrested.

Has that bill been signed by the governor yet?

 

[geoney]

LA RS 14:95.5
http://www.legis.state.la.us/lss/lss.asp?doc=78744&showback=

What about this one?

§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.

Would the same thing not apply to 14:95.5?


So basically you cannot OC in any place that sales any alcohol for drinking on the premise? So you cannot OC in Chilli's or Lone Star Steakhouse or anything?

 

[jmcrawf1]

What about this one?

§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.

Would the same thing not apply to 14:95.5?


So basically you cannot OC in any place that sales any alcohol for drinking on the premise? So you cannot OC in Chilli's or Lone Star Steakhouse or anything?

Correct.

This statute adds an exception for consent to search. This statute has nothing to do with carrying a firearm.

Conversely, :95.5 does not exclude restaurants.

 

[brewer3401]

B and D contradict each other:

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.

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.


WTF ??? Had a hard time stopping laughing at this one.

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.

 

[Emperor]

B and D contradict each other:

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.

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.


WTF ??? Had a hard time stopping laughing at this one.

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.

Looking for answers, eh? Well there is always this to ponder on top of your present query.

http://theadvocate.com/news/6968159-123/invalid-state-laws-often-stay

Maybe some day! Everyone can be on the same page.

 

[Captain_Morgan]

Here is the state Attorney General's opinion on the subject at hand. http://images.bimedia.net/documents/Opinion+13-0109.pdf

In summary, La. R.S. 14:95.5 provides a general prohibition against possessing a firearm on the premises of an alcoholic beverage outlet, as. that term is defined by La. R.S. 14:95.5(B). However, La. R.S. 14:95.5(C) creates an exception for a law enforcement officer, but only when acting in the performance of his official duties. It is the opinion of this office that an on-duty law enforcement officer who enters the premises of an alcoholic beverage outlet, whether to consume food or non-alcoholic beverages or to engage in duties required of him as a law enforcement officer, is not prohibited from possessing his firearm in such an eatery, as he is "acting in the performance of his official duties." If an off-duty or on-call law enforcement officer enters the premises of an alcoholic beverage outlet for the purpose of performing some duty of a law enforcement officer, then it is the opinion of this office that the officer is "acting in the performance of his official duties," and is therefore not prohibited from possessing his firearm while at that establishment. However, if an off-duty or on-call law enforcement officer enters the premises of an alcoholic beverage outlet for the purpose of being a patron of said outlet, then he is not "acting in the performance of his official duties," and would therefore be prohibited from possessing his firearm while on the premises.

 

[brewer3401]

Read the "bimedia.net" letter.

Clear as mud.

And that stupid section "C" shows up again.

Where is there a gun shop and/or shooting range that has a bar in it ?

Sounds like a real bad idea.