Louisiana update

[Dragonfighter]

The only stops I make in Lousiana are at Love's on the way through the state on the way to Pensacola. I don't venture any further south than I-12 and I don't make eye contact.

[RocTrac]

Well, we are evacuating the rig and it looks like I will be holed up in Lafayette. Is there anything CHL wise that I need to know? So far from reading the tread, 1. ghost buster signs have authority 2. Resturant/bar carry is bad 3. I would rather be back in Texas.

[bigred90gt]

I just got off the phone with the Louisiana State Police - Concealed Handgun Unit (phone # 225-925-4867 if you want to verify it for yourself), and was told that in a restaurant that serves alcohol, unless such restaurant posts a sign prohibiting the carry of a concealed handgun, you are legally allowed to carry your concealed handgun into the restaurant, but you must not carry it into the bar area of the restaurant. I specifically used Joes Crabshack as an example, and was told "yes, you can carry into a restaurant, but not into the bar area".

I'm of the opinion that the laws quoted above stating that any place selling alcohol for onsite consumption is off limits is a law for those who do not have a CHL. The CHL laws apply to a person carrying a handgun under the authority of their license. Again, this part is just my opinion, the previous paragraph is a fact given to me by the state police, and anyone who is curious is more than welcome to call that number and verify it. The lady who answered seemed very friendly.

[jmra]

I just got off the phone with the Louisiana State Police - Concealed Handgun Unit (phone # 225-925-4867 if you want to verify it for yourself), and was told that in a restaurant that serves alcohol, unless such restaurant posts a sign prohibiting the carry of a concealed handgun, you are legally allowed to carry your concealed handgun into the restaurant, but you must not carry it into the bar area of the restaurant. I specifically used Joes Crabshack as an example, and was told "yes, you can carry into a restaurant, but not into the bar area".

I'm of the opinion that the laws quoted above stating that any place selling alcohol for onsite consumption is off limits is a law for those who do not have a CHL. The CHL laws apply to a person carrying a handgun under the authority of their license. Again, this part is just my opinion, the previous paragraph is a fact given to me by the state police, and anyone who is curious is more than welcome to call that number and verify it. The lady who answered seemed very friendly.

Having lived in Louisiana for 30+ years, I have made of few of those calls myself. Everytime you get a different person you get a different answer. I would place little value on the answers they give you. Read around a little and you will find the same thing goes for dps here in Tx.

[speedsix]

...was raised up in La. when open carry was legal and never had a problem...from 14 through my 30s...North Louisiana seems more open-minded than far South La, speaking of the LEO attitudes...having been one...we understood and most of us didn't hassle folks...
...since I moved to Tx, La. got the concealed carry permit...much better than the old days when a local chief'd give his friends a "carry card"...(one strange provision is that one can't carry concealed into a private residence without permission of the homeowner...that'd put a hitch in my giddyap for sure, as my work takes me into several homes daily...I think we in Tx. are much blessed with reasonable restrictions...)
...also from personal experience...NEVER take a LEO's words as law...ALWAYS research your questions directly from the text of all applicable laws...LEOs seldom have it down right in every area, and you will not be able to take them to court and tell the judge "He told me I could"...be sure of where you stand by going to the text...and be safe...well-meaning officers have "advice-d" folks into trouble more than once...

[bigred90gt]

...was raised up in La. when open carry was legal and never had a problem...from 14 through my 30s...North Louisiana seems more open-minded than far South La, speaking of the LEO attitudes...having been one...we understood and most of us didn't hassle folks...

What part of North Louisiana? My family is from Minden, some in Farmerville, and a cousin branched out and is living in Monroe.

...also from personal experience...NEVER take a LEO's words as law...ALWAYS research your questions directly from the text of all applicable laws...LEOs seldom have it down right in every area, and you will not be able to take them to court and tell the judge "He told me I could"...be sure of where you stand by going to the text...and be safe...well-meaning officers have "advice-d" folks into trouble more than once...

I agree, but in the case of Louisiana, there is a problem with doing that. The problem is, by the text of the law, there appears to be a conflict. Some people believe that the CHL law, as written, trumps the regular state law about carrying a weapon under the authority of your CHL, some believe that it does not. The Louisiana CHL laws list in their forbidden places "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.". According to the Louisiana Revised Statutes, in order to obtain a Class A General retail permit "(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)". S. S 26:90 (A)(8)(a) states "(8)(a) Employ anyone under the age of eighteen in any capacity in an establishment where the sale of alcoholic beverages constitutes its main business unless the minor is a musician performing in a band on the premises under written contract with the permittee for a specified time period and is under the direct supervision of his parent or guardian during such time. If the sale of alcoholic beverages does not constitute the main business of the establishment, anyone under the age of eighteen may be employed as long as the minor's employment does not involve the sale, mixing, dispensing, or serving of alcoholic beverages for consumption on the premises."

So, according to their CHL laws, if you have a CHL, you are permitted into a restaurant such as Joes Crabshack, which serves alcohol, but is not restricted to persons 18 years of age or older by law. That restaurant would have a different permit from a Class A General Retail permit.

The other part are the general laws of carrying a firearm, which states "§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. "

By this standard, you could not carry into any restaurant that sells alcohol.

Therein lies the confusion.

I take it to be the same as it is in Texas, only Louisiana does not have the "Unlicensed Possession" signs like we do. It is a felony for a person without a CHL to carry a firearm anywhere that sells alcohol (grocery store, convenience store, restaurant), but having a CHL exempts you from that, and only keeps you out of a place whose business makes more than 51% of their sales from alcoholic beverages for on premises consumption.