TexasCHLforum.com

Been a while since I posted here. A few updates on Louisiana.

Louisiana now has (finally) reciprocity with Arkansas. Most people in Northern Louisiana have been opting for FL CHL permits as opposed to Louisiana resident permits because the LA permit wasn't recognized by our northern neighbor.

Restaurant carry is still an issue. An old law still on the books, RS 14:95.5 , essentially bans concealed carry in any establishment that serves alcohol for on-premise consumption, even if that isn't their primary business.

The Boardwalk in Bossier City continues to be CHL-unfriendly. Their posted "Code of Conduct" prohibits anyone but an ON-DUTY LEO from carrying a handgun, openly or concealed, and SPECIFICALLY excludes holders of concealed carry permits. Most Bossier cops I know refuse to patronize the Boardwalk when off-duty. If you're visiting Bossier City, please don't patronize any business in the Boardwalk with the exception of Bass Pro, which sits off to the side away from the main Boardwalk complex and is CHL-friendly.

Gubernatorial elections are just around the corner. Rumor has it, and some Louisiana CHL instructors are telling their students, that the leading contender, Bobby Jindal, has a problem with Louisiana residents carrying on out-of-state permits, and if elected intends to push for legislation that would only permit Louisiana residents to carry in Louisiana on a Louisiana-issued CHL. Reciprocity would remain for non-LA residents.

This is little more than a "keep the money at home" measure. Louisiana also charges a $50 license fee surcharge for any applicant that hasn't been a resident for at least 15 years.

13 more months and I'm out of this God-forsaken state, and getting back to Texas where I belong!

I was told carrying in restaurants where the primary function is being served food is just fine even if alcholol is served there too (I.E. Chilies, Logan's Roadhouse, El Chicos, etc.) In order to be prohibited from carrying the place has to have a sign saying that firearms are prohibited due to alcholol

I carry in such places all the time and never seen any such sign in Louisiana.
This is what I've been told by two different people there. If someone has some information contrary to this please enlighten me.

As to the Bossier Boardwalk, myself and some, people on our crew have been over there over the past year and I skimmed over the Code of Conduct and didn't see anything banning CHLers or guns. I've carried there before.
I haven't been there in over 6 months, so maybe they have changed things since then. If so, I won't be back.

Louisiana RS 14:95.5:

§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.

C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.

D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

No signs required. Emphasis mine.

From the Lousiana Boardwalk Code of Conduct (posted publicly at the Boardwalk):

12. No firearms or other weapons are allowed, regardless of whether bearer holds a concealed weapons permit; law enforcement officers while on duty are excluded.

That IS on a sign, posted at the Boardwalk, and any sign will do in Louisiana. Ghostbuster, hidden, hard to see, in French, doesn't matter. Any "no guns" sign has the force of law.

That IS on a sign, posted at the Boardwalk

Well.......They will see me no more over there until that rule is removed.


As for the alcholic beverage law, I justed called a CHL instructor over in Monroe area Louisiana. He told me that they have been told by the state that CHL holders CAN carry in places that serve it as long as it is not the primary function of the business.
I read him the very law that you quoted indicating that there was a conflict. He was baffled too. He is going to call and find out what takes precedence. He said he'd call me back sometime tomorrow.
I'll keep y'all posted

It would be nice to know what the real deal is on this. How are to know what class permit a place has before you walk in?

Okay, I haven't gotten anything in writing. But the CHL instructor I talked to and another CHL instructor with him (they still haven't gotten word back from the state) understanding is that the 1950 law has been amended to where you can as long as it is not the primary function of the business to sell alchohol.

I talked to a Quachita Parish sheriff's deputy the other day and the way they are told is that you can carry in such places as long as you are in the eating area and not sitting at the bar.

Are there any followups on this issue? I am thinking about going to Louisiana next month to visit my son and it would be good to know if I can carry in a resaurant or not. I read the Louisiana law but found it to be quite confusing so I still don't know for sure.

Just like here. Resturant carry is fine as long as it's not a flat out bar.

I specifically asked this question to the State Police. This is what I asked:

"Is it legal to enter an establishment that is primarily a restaurant, but sells alcohol? In Texas, if the establishment's gross receipts are 51% or more from alcohol, then it's prohibited. My concern is whether I have to disarm to enter a Chili's, for example.

I found the following in the Handbook:

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.

And then defining Class A-General:

LRS 26:271.2 (1)

§271.2. Class A permit; definitions
.....

(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).

That would lead me to believe that only establishments where the main source of revenue is alcohol sales for on site consumption, ie, bars, is where licensed concealed carry is prohibited. Correct?"

....and then the official answer:

"I have reviewed your e-mail and have some answers for you.

Question #1. You are correct. A restaurant that sells alcohol is not a prohibited location unless the restaurant specifically prohibits the carrying of concealed handguns.

If you have any further questions, please let us know.


Sergeant Jason Starnes
Louisiana State Police
Concealed Handgun Permit Section"


I thnk the other code that is confusing everyone is for non-concealed carry. Remember that unlike Texas, Louisiana is an open-carry state/no permit required, so there are instances in which your handgun being prohibited doesn't apply to CHL holders, just to the general public excercising open carry. Those of us with CHLs that carry concealed can in fact go into restaurants that serve alcohol.

MBGuy wrote:....and then the official answer:

"I have reviewed your e-mail and have some answers for you.

Question #1. You are correct. A restaurant that sells alcohol is not a prohibited location unless the restaurant specifically prohibits the carrying of concealed handguns.

If you have any further questions, please let us know.


Sergeant Jason Starnes
Louisiana State Police
Concealed Handgun Permit Section"

Thanks, this is very good info since I will be in the New Orleans area on business for a couple of days.

Found this thread in the archives (Look Maw, I used the Search function!). Thank you for this info, I checked handgunlaw.us and they said

"Carry in Restaurants That Serve Alcohol
NO
Note: What is defined as carry in a restaurant that serves alcohol is a place like Friday’s or Red
Lobster. This does not mean a bar or the bar area of a restaurant."

I like the answer here better :D Will be in NOLA in May for a conference. Won't be going to any nightclubs, just the hotel and restaurants.

RNH

I know this is probably a no-no but what about the casinos in LA?

No but only because of the kind of alcohol permit they have.

well i learned something new today
i was not aware LA was an open carry state.

casinos i knew is always a no go concealed and in N.O. i just flat don't visit, its to hard to tell the crooks from the cops, not bashing them. Just lots of experience with them a few years back.

we go though Shreveport/bossier quite often, but i don't have tons of pro gun "stop me" stickers on my vehicles

We shopped in Shreveport/Bossier today. We went sight-seeing in Bass Pro, then ate lunch at Joe's Crab Shack. We never entered any of the Boardwalk shops or areas (both those businesses are technically "in" the Boardwalk), so I never passed their list of rules (which I've heard says no guns or weapons of any kind). I also didn't sweat over the fact that Joe's serves alcohol.