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Thread: kicked out of boardwalk for open carry

  1. #1
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    kicked out of boardwalk for open carry

    im visiting my brothers house in bossier city and we decided to go to fuddruckers for lunch. I was sitting in the restaurant when a security officer came up to me and handed me a code of conduct card and began question me about the firearm that I carry with me all the time. Although the security officer was courteous and calm I was extremely disappointed when she pointed out a rule stating “no firearms or other weapons are allowed regardless of weather bearer holds a concealed weapons permit”. The event itself wasn’t that big a deal I just wish I had known the place had such a fascist policy before I spent any money there. If I was from this area I would be thinking about a protest of the place until it was changed but since I live 5 hours away I can’t really organize that. What I do want to do is make sure I don’t make the same mistake again. It may be just a one man boycott but do any of you know any other places or companies with fascist policies like this so that I know where to stay away from.

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    The policy of Fuddruckers not withstanding, they serve alcohol for consumption on the premises. OCing at a place that serves alcohol is illegal.

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    Quote Originally Posted by georg jetson View Post
    The policy of Fuddruckers not withstanding, they serve alcohol for consumption on the premises. OCing at a place that serves alcohol is illegal.
    its not fuddruckers policy its the boardwalks. OCing is legal in restaurants with a CLASS B license. restrants have both Class A and B it is illegal to carry in a class a area(bars or lounge/bar areas of a normal restraunt).

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    Quote Originally Posted by brandon hunt View Post
    its not fuddruckers policy its the boardwalks. OCing is legal in restaurants with a CLASS B license. restrants have both Class A and B it is illegal to carry in a class a area(bars or lounge/bar areas of a normal restraunt).
    With respect tot he Boardwalk, you need to find out if it's all private property or if it includes public property as well.

    With respect to OCing in restaurants with a CLASS B, would you post the statute you read this? As far as I know, this statute has not been changed or repealed...

    §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.
    Last edited by georg jetson; 08-27-2012 at 11:22 AM.

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    G. No concealed handgun permit issued pursuant hereto shall authorize or entitle a permittee to carry a concealed handgun in any of the following:
    1. a law enforcement office, station, or building;
    2. a detention facility, prison, or jail;
    3. a courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom;
    4. a polling place;
    5. a meeting place of the governing authority of a political subdivision;
    6. the state capitol building;
    7. any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage;
    8. any church, synagogue, mosque or other similar place of worship;
    9. a parade or demonstration for which a permit is issued by a governmental entity;
    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 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;
    11. any school "firearm-free zone" as defined in R.S. 14:95.6;
    12. any private residence of another person, unless the permittee first receives the permission of that person; and
    13. any other property or premises where access by those possessing a concealed handgun is restricted by the property owner, lessee or lawful custodian.

    the entire boardwalk is private property its just a big outdoor mall

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    Quote Originally Posted by brandon hunt View Post
    G. No concealed handgun permit issued pursuant hereto shall authorize or entitle a permittee to carry a concealed handgun in any of the following:
    1. a law enforcement office, station, or building;
    2. a detention facility, prison, or jail;
    3. a courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom;
    4. a polling place;
    5. a meeting place of the governing authority of a political subdivision;
    6. the state capitol building;
    7. any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage;
    8. any church, synagogue, mosque or other similar place of worship;
    9. a parade or demonstration for which a permit is issued by a governmental entity;
    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 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;
    11. any school "firearm-free zone" as defined in R.S. 14:95.6;
    12. any private residence of another person, unless the permittee first receives the permission of that person; and
    13. any other property or premises where access by those possessing a concealed handgun is restricted by the property owner, lessee or lawful custodian.

    the entire boardwalk is private property its just a big outdoor mall
    So you have a concealed handgun permit. The title of the thread says "for open carry". Are you making the argument that you can openly carry in a restaurant if you have a CHP?

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    no the laws that specify open carry are almost non existant so we have to go by what the concealed laws are basicly anyware u can concealed carry u can open

    none of that is the point of my post anyway inside or outside the restaurant in any pary of the boardwalk no firearms are alowed at all if u want to debate the legality of ocing or ccing in restaurants their are other post for that

    like the title of the post said i was kicked out of the boardwalk not just fuddruckers i was never aproched by anyone employed by fuddruckers that just happend to be ware i was in the boardwalk at the time

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    Quote Originally Posted by brandon hunt View Post
    no the laws that specify open carry are almost non existant so we have to go by what the concealed laws are basicly anyware u can concealed carry u can open
    This is not the case. I strongly recommend you reconsider your position on this. You can be arrested for openly carrying ANYWHERE alcohol is sold for consumption on the premises. I just don't want any fellow OCers fighting a battle they're not ready for...

    Quote Originally Posted by brandon hunt View Post
    none of that is the point of my post anyway inside or outside the restaurant in any pary of the boardwalk no firearms are alowed at all if u want to debate the legality of ocing or ccing in restaurants their are other post for that
    Yes there are... you should still reconsider.

    Quote Originally Posted by brandon hunt View Post
    like the title of the post said i was kicked out of the boardwalk not just fuddruckers i was never aproched by anyone employed by fuddruckers that just happend to be ware i was in the boardwalk at the time
    To answer your initial question, there is a friend or foe site. I don't have a link handy, maybe someone can direct you.

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    The Boardwalk is widely known to be anti-gun. Sorry you had to find out the unpleasant way.

    Their code of conduct posted on the wall actually says no guns, even with a permit, except for on-duty police.

    The one time I "made" someone who was also carrying concealed there, I would have laid even money that he was an off duty cop.

    Bass Pro, obviously, is an exception. It's on Boardwalk property, but it's a stand-alone anchor store that is physically separate from the mall buildings. There have been reports from people OCing there with no hassle.

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    kicked out of boardwalk for open carry

    Quote Originally Posted by brandon hunt View Post
    G. No concealed handgun permit issued pursuant hereto shall authorize or entitle a permittee to carry a concealed handgun in any of the following:
    1. a law enforcement office, station, or building;
    2. a detention facility, prison, or jail;
    3. a courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom;
    4. a polling place;
    5. a meeting place of the governing authority of a political subdivision;
    6. the state capitol building;
    7. any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage;
    8. any church, synagogue, mosque or other similar place of worship;
    9. a parade or demonstration for which a permit is issued by a governmental entity;
    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 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;
    11. any school "firearm-free zone" as defined in R.S. 14:95.6;
    12. any private residence of another person, unless the permittee first receives the permission of that person; and
    13. any other property or premises where access by those possessing a concealed handgun is restricted by the property owner, lessee or lawful custodian.

    the entire boardwalk is private property its just a big outdoor mall
    This particular section quoted here only applies to carrying concealed.

  11. #11
    Regular Member estcrh's Avatar
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    As has been argued here before, having a concealed carry permit legally covers some one who open carries as there is no definition in the concealed carry regulations as to what "concealed" actually means and absent of a specific meaning as to what steps a concealed carry permit holder has to take in order to legally be covered by a concealed carry permit just being in possession of a concealed carry permit coveys the rights granted to a concealed catty holder whether you conceal or open carry.....BUT.....do not expect the average law enforcement officer to know or understand this and expect to be hassled or even arrested if you take this route.

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    Quote Originally Posted by georg jetson View Post
    The policy of Fuddruckers not withstanding, they serve alcohol for consumption on the premises. OCing at a place that serves alcohol is illegal.
    Well, that depends on whether or not you believe that La. R.S. 14:95.5 applies to open carry in light of Louisiana's constitutional right to open carry. The problem here is that in the 27 years since 14:95.5 was passed, there has no recorded appellate decision on this issue (in fact, there have been no recorded decisions from convictions under 14:95.5 at all). The question is whether a police officer or prosecutor would see it the same way.

    Personally, I don't think 14.95.5 applies to open carry, but I think it would likely require somebody's legal crusade to prove that.

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    From what Mr. Hunt is saying, it sounds to me like he isn't relying on having a permit (and possibly doesn't have one) but instead assumes that OC inherits the CHP rules, except with the permit requirement dropped. If so, I think he should see an attorney before he discusses/does this again.
    Last edited by Seigi; 09-09-2012 at 04:00 AM.

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