Louisiana - No Carry Where Alcohol Served

Discussion in 'Carry Issues' started by Gary Slider, Jan 14, 2010.

  1. Gary Slider

    Gary Slider

    Messages:
    531
    Likes Received:
    71
    Joined:
    Nov 16, 2006
    Location:
    West Virginia
    I spent 40 minutes today on the phone with Sgt. Clay Reavis of the Concealed Handgun Unit Louisiana Dept of Public Safety. I have been receiving emails and reading on other web sites stating carry in restaurants like Friday's, Red Lobster, Applebee's etc was legal in Louisiana and that Handgunlaw.us was wrong to list LA as No restaurant carry allowed. Sgt. Reavis called me after I sent him an email.

    Sgt. Reavis explained to me that there has been a lot of questions about this and that Criminal Law (Pasted Below) does not allow a permit/license holder to carry in any part of any establishment where they sell alcohol for consumption on the premises. This means establishment that sells beer etc for consumption on the premises. No carry is allowed.

    I wanted to make sure this info got out as I would hate to see someone get arrested and maybe lose their permit/license to carry after reading info posted on other websites. Sgt Reavis told me he will try to update the FAQ page on the LA site adding this very FAQ. He does have other duties besides running the Concealed Handgun Unit and he told me it will take some time.

    Here is the email I ask him to send me and I got his permission to post his name and #:

    LRS 14:95.5 Possession of firearm beverage outlet

    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.
    Acts 1985, No. 765, §1.

    Sgt. Clay Reavis
    Louisiana State Police
    Concealed Handgun Permit Section
    225-925-4867
     
  2. Steel Head

    Steel Head Tactical Cat

    Messages:
    30,917
    Likes Received:
    77,453
    Joined:
    Jan 1, 2010
    Location:
    A cat box in WA
    Wa is similar-NO carry in 21 & over area's-bar's,liqueur stores,concerts and so on
    No bother to me-I don't go to concerts and I don't drink

    By the way-your site is very helpful
     
    Last edited: Jan 14, 2010

  3. G26Duck

    G26Duck

    Messages:
    132
    Likes Received:
    0
    Joined:
    Jun 17, 2008
    Location:
    Monroe, LA
  4. G26Duck

    G26Duck

    Messages:
    132
    Likes Received:
    0
    Joined:
    Jun 17, 2008
    Location:
    Monroe, LA
    Gary,
    Thanks for the info. I live in Louisiana and the way the law is written it is unclear. Looks like I need to call my elected officials and see about getting this changed.

    G26Duck
     
  5. David Armstrong

    David Armstrong

    Messages:
    8,723
    Likes Received:
    11
    Joined:
    Nov 3, 2002
    Location:
    Lake Charles, LA
    I think this varies depending on who one talks with and when, as I've gotten just the opposite from somebody else at that office. They said that under the previous section (LRS 14:95.4) "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. "
    So, as is not unusual in Louisiana, we get conflicting laws with conflicting definitions. That may be what those websites were looking at. Oh well, they'll change it again next session!
     
  6. paddle007

    paddle007

    Messages:
    92
    Likes Received:
    0
    Joined:
    Apr 5, 2009
    Location:
    Southeast Louisiana
    My understanding was if over 50% of their proceeds come from alcohol sales CC is a no go. If a restaraunt has a bar it is "generally" OK to carry just don't go near the bar. Now the way alot of people drink around here you go figure out which dining establishment meets the criteria. FWIW I carry and stay away from the bar area and alcohol consumption.
     
  7. Jon_R

    Jon_R

    Messages:
    6,301
    Likes Received:
    1,075
    Joined:
    May 3, 2009
    Location:
    Central Florida
    In FL it reads like this for prohibited areas.

    any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose

    This allows carry at Applebees just not at the actual Bar which is primarily devoted to consumption of alcohol.
     
  8. NavDoc

    NavDoc Guest

    Class A License (Bar) No CCW
    Class R License (Restaurant) CC okay except in the bar area.
     
  9. Gary Slider

    Gary Slider

    Messages:
    531
    Likes Received:
    71
    Joined:
    Nov 16, 2006
    Location:
    West Virginia
    NavDoc,

    This is the exact item I talked about with the LA DPS. In a restaurant not a bar. A place like Chilli's or Fridays. Their answer was NO. No carry in any place where you can order even a low alcohol beer and drink it. This is the unit that issues Permits/Licenses in LA. We talked about the CCW law and that is the area of the law that applies and it says NO in any place that serves alcohol for consumption on the premises in the CCW law for LA.
     
  10. stengun

    stengun

    Messages:
    2,226
    Likes Received:
    2
    Joined:
    Nov 20, 2004
    Location:
    Bugtussell, AR
    Howdy,

    Yep, the law is pretty simple.................

    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.


    If they sell Alcohol to be consumed on their property, no gun allowed.

    Arkansas' law is different. I can go to Chili's, Friday's, Appleby's, etc. and take my pistola as long as I do not sit in the bar area and I do not drink.

    At the same time, I cannot take my pistola to a bar like the Electric Cowboy that is strictly a nightclub.

    I do not have a problem with these restrictions.

    If you are going to a gin joint to get boozed up,, leave your gun at home.

    Paul
     
  11. Jon_R

    Jon_R

    Messages:
    6,301
    Likes Received:
    1,075
    Joined:
    May 3, 2009
    Location:
    Central Florida
    Sort of stinks if you are the designated driver there to keep your buddies safe. Seems impairment should be the focus vs. geography.


     
  12. m44u

    m44u

    Messages:
    211
    Likes Received:
    0
    Joined:
    Feb 24, 2006
    Location:
    na
    Maybe everybody that lives in La. with a ccp should contact our Goverment officials and get this silly law changed. I am.
     
  13. hhb

    hhb

    Messages:
    696
    Likes Received:
    0
    Joined:
    Oct 19, 2005
    Location:
    Ozark Foothills
    Off-duty New Orleans police officers can't carry into an establishment that sells liquor by the drink unless it's changed recently.
     
  14. LongGoneDays

    LongGoneDays Misanthropical

    Messages:
    9,249
    Likes Received:
    0
    Joined:
    Nov 12, 2005
    Location:
    Louisiana
    I just get enough **** faced legally in my home to last me a trip to and from a non alcohol serving restaurant. That way I don't have to worry about my shirt coming up over my gun or having to pass a breathalyzer if I have to shoot someone.


    Take that, Mister SillyLawmaker.
     
  15. LongGoneDays

    LongGoneDays Misanthropical

    Messages:
    9,249
    Likes Received:
    0
    Joined:
    Nov 12, 2005
    Location:
    Louisiana
    Also, I believe carry in such places is legal in Texas which isn't that far away from me.
    I can move my revenue out of state if that's how the retards want to be about it.
     
  16. CodyBoy

    CodyBoy

    Messages:
    1,315
    Likes Received:
    0
    Joined:
    Jan 24, 2005
    Location:
    Montgomery County, TX
    Yea it's legal here. Heck I can go to chiles , Fridays or whatever restaurant and sit at the bar and have a beer , as long as I don't get intoxicated, and have a gun on my hip while doing it.


    Texas is great! Although we should be able to open carry and carry at a school,etc etc..........

    But our carry laws are still "pretty good"

    :supergrin:
     
  17. LongGoneDays

    LongGoneDays Misanthropical

    Messages:
    9,249
    Likes Received:
    0
    Joined:
    Nov 12, 2005
    Location:
    Louisiana
    I'll keep that in mind. I rarely ever got out to eat in a place like that. Only when I'm treating someone else or spending time with my mom. It really burns me up that while the law is asinine enough on it's own, it's not very clear and

    I DO NOT DRINK.

    If I'm in a bar, sure I'm probably more likely to get involved in a situation where I would need to defend myself, than if I was at Chuck E. Cheese... so they don't want me carrying in a bar. Fine. I have no reason to go to one and be around bar'tards anyway.

    But to impose that BS on me when I'm trying to feed my face? Wow. If I had known before how strict this rule was I would have already done something, now I need to look into this.
     
  18. NavDoc

    NavDoc Guest

    LRS 14:95.5 states that you cannot carry in an Alcohol Beverage Outlet (ABO). Noted.
    LRS 14:94.4 D states that a restaurant is NOT an ABO.

    I can see where many are confused. To me, on face value, restaurants like Fridays, Applebees, Chili's, are not an ABO. Although none of use wishes a CCW incident to fall upon us, I believe that we would win in court. It is defined.
     
  19. Gary Slider

    Gary Slider

    Messages:
    531
    Likes Received:
    71
    Joined:
    Nov 16, 2006
    Location:
    West Virginia
    RS 14:95.5 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.

    The Criminal Code defines what is an Alcoholic Beverage Outlet and even states "As used herein means" and then states "any commercial establishment that serves high or low alcohol content". This section of the law does not state Class A or Type A license etc etc.

    The laws are not written clearly. There is a possibility that someone could beat this in court but it would cost a ton of money and there is no guarantee you could win.

    When the person who runs the unit that issues permits/licenses to carry firearms in LA talks directly to handgunlaw.us and tells us that carry in a place like Fridays, Chill's etc is illegal that is what Handgunlaw.us is going to report on its website. We also talked about getting the AG to give an opinion on this. The DPS had talked to legal authorities and they agreed that a permit/license holder could not carry in any establishment that served any type of alcohol for consumption on the premises because of 14:95.5. IT was not the AG who gave him this opinion. Handgunlaw.us was also told by the man in charge that the DPS website would be updated with a FAQ for this very issue.
     
  20. NavDoc

    NavDoc Guest

    I just e-mailed my representative asking to have the laws clarified so restaurant carry is okay.