Lousiana: Restaurant carry

[packina45]

Here's a letter I just sent today to State Senator Max Malone and State Rep. Jane Smith regarding restaurant carry.

April 27, 2007

Sen. Max Malone
P.O. Box 94183
Baton Rouge, LA 70804


Dear Senator Malone:

I’m writing today to address an issue that affects those in Louisiana who choose to legally carry a concealed handgun for personal protection and the protection of their families.

When the Louisiana statutes that allow licensed concealed carry were passed, a number of specific inclusions were added to address where concealed carry would be prohibited. Among those prohibitions are concealed carry in "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 I 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." (RS 40:1379.3)

However, RS 14:95.5 imposes a greater restriction:
“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.�

This effectively prohibits the licensed carry of a concealed weapon in over half the restaurants in Louisiana. Our law is unnecessarily restrictive in this area. Senator Malone, all of our neighboring states have opted to permit the licensed carry of concealed weapons in restaurants, even if that restaurant serves alcoholic beverages. Texas, Arkansas and Mississippi have all addressed this in their respective concealed carry laws.

Senator, don’t you believe it’s time to bring Louisiana law into line with that of our neighbors? I urge you to take action to either amend or repeal RS 14:95.5 immediately. Don’t disarm law-abiding citizens just because they want to sit down for a good meal at Outback or Copeland’s.

Sincerely,

[packina45]

Haven't heard back from Senator Malone OR Representative Smith yet, so I'm raising the ante. Sending this letter tomorrow to Representative Smith.

Dear Representative Smith:

Since I have not received a reply to my letter of April 27, I’m writing again today to address an issue that affects those in Louisiana who choose to legally carry a concealed handgun for personal protection and the protection of their families.

When the Louisiana statutes that allow licensed concealed carry were passed, a number of specific inclusions were added to address where concealed carry would be prohibited. Among those prohibitions are concealed carry in "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 I 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." (RS 40:1379.3)

I think the INTENTION of the legislature was clear when the concealed carry laws were written. No carry in bars and nightclubs. I don’t have an issue with that.

However, an older law on the books, RS 14:95.5 imposes a greater restriction:
“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.�

The Louisiana State Police website, on its “concealed carry� page and in the booklet that is distributed to CHL applicants, makes no mention of this older law. There is a good chance that a large number of legally licensed Louisiana permit holders aren’t even aware of it, and are unknowingly committing a crime on a regular basis, simply by dining in a restaurant.

RS 14:95.5 effectively prohibits the licensed carry of a concealed weapon in over half the restaurants in Louisiana. Our law is unnecessarily restrictive in this area. Representative Smith, all of our neighboring states have opted to permit the licensed carry of concealed weapons in restaurants, even if that restaurant serves alcoholic beverages. Texas, Arkansas and Mississippi have all addressed this in their respective concealed carry laws.

Texas prohibits concealed carry in establishments that derive over half their income from by-the-drink alcohol sales. Mississippi and Arkansas have specific “restaurant� exclusions in their concealed carry laws.

Ms. Smith, don’t you believe it’s time to bring Louisiana law into line with that of our neighbors? I urge you to take action to either amend or repeal RS 14:95.5 immediately. Don’t disarm law-abiding citizens just because they want to sit down for a good meal at Outback or Copeland’s.

I’d be happy to meet with you to discuss this matter over lunch (at my expense) at the restaurant of your choice in Shreveport or Bossier City. Odds are, I’ll be easy to spot. I’ll be the guy wearing an empty holster, legally disarmed by this glitch in the law.

Sincerely,

[flintknapper]

Well written (and presented in the proper spirit).

Good job, and Thank You for taking action.

While politicians rarely respond to one persons concern, the letters you sent may serve to "plant a seed".

We are glad to have you here....and encourage you to tell others in your fair state about this site...so they can join as well.

Keep up the good fight and enlist as many others as you can to help you. Politicians do listen to numbers.


Have a great day Sir.


Flint.

[Venus Pax]

Those are both good letters.

If you, or others, choose to send subsequent ones, it might not hurt to remind him that CHL holders are not permitted to be intoxicated while carrying. Being in a restaurant that serves alcohol will not necessarily alter one's perception of right and wrong. (Most people are aware that alcohol doesn't enter one's system by osmosis.)

[para driver]

You need a face to face discussion to move this forward. Request a meeting at his office, or bring it up at a Town Hall event. Keep your factual and polite approach, it will work.

And yes, I do have a dog in this fight, Mother In Law lives in Shreveport so a couple times a year we go over there. I like to go over to Superior Grill, and they serve alchohol.

What is their stance on Casinos? There is plenty of low life around the boats.

[Liberty]

You need a face to face discussion to move this forward. Request a meeting at his office, or bring it up at a Town Hall event. Keep your factual and polite approach, it will work.

And yes, I do have a dog in this fight, Mother In Law lives in Shreveport so a couple times a year we go over there. I like to go over to Superior Grill, and they serve alchohol.

What is their stance on Casinos? There is plenty of low life around the boats.

Near as I understand it. Concealed carry is restricted in casinos because they serve liquor.

[gregthehand]

I was told this week by a LA CWP instructor that it was the same as TX 51%.

[Liberty]

I was told this week by a LA CWP instructor that it was the same as TX 51%.

Maybe they recently fixed it.? Will be driving thru next week, so its good to know. I don't drink while traveling, but sure do like to eat!!!

[charlie12]

I was told this week by a LA CWP instructor that it was the same as TX 51%.

I've never heard anything about here.

[Keith B]

In Louisiana, a Class A - General permit is for bars and there is a restriction on age (no one under 18 can enter.)

A Class A - Restaurant is the one given to a food establishment. Here is the link http://www.atc.rev.state.la.us/docs/legal/law.pdf

However, the other statute could be used to override the first one if someone wanted to be nasty about it.

[charlie12]

The link doesn't work for me.

[KBCraig]

The link doesn't work for me.

You have to cut the "." off the end.

http://www.atc.rev.state.la.us/docs/legal/law.pdf

[Doug.38PR]

Ummm...I was told by two different people, both of whom are CHL holders or work with CHL trainers that CHL carry is fine in places that are primarily for serving food even if alcholol is served there too (Chilies, Logan's Roadhouse, etc.)
I was told this is how LEO understand it too.

[packina45]

Well, take a chance if you want...but be sure you know the law. And the older law is still on the books. No firearms allowed anyplace that sells liquor by the drink for on-premise consumption.

[lrb111]

Ummm...I was told by two different people, both of whom are CHL holders or work with CHL trainers that CHL carry is fine in places that are primarily for serving food even if alcholol is served there too (Chilies, Logan's Roadhouse, etc.)
I was told this is how LEO understand it too.

That would be true in Texas, not Louisiana.