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Thread: RS 14:95.5

  1. #1
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    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.

    Acts 1985, No. 765, §1.


    This statuteis clear, however, these Circle K outlets, etc., are not prohibited under the rules and regs. of concealed weapon permits. Does that mean you cannot open carry in Winn Dixie, only conceal? Also, when confronted by LEO when open carrying, what do you have to provide? Is it only your name and address verbally?

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    If the alcohol is intended to be served and consumed on the property, it falls under those regs. So Winn dixie is okay, Circle K is fine, it's a gas station.

    As far as I know, if an LEO approches you, they have to ask for ID, I think just to check age. you aren't required, ever, to show ID unless asked to.

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    I was just recently researching this very topic and ran across this law as well. I believe it can be circumvented in two ways.

    1) the Louisiana State constitution states:


    Code:
    Sec. 11.  The right of each citizen to keep and bear arms shall not be
    abridged, but this provision  shall not prevent the  passage
    of laws to prohibit the carrying of weapons concealed on the
    person.
    I believe this would trump the law you quoted since it goes against the constitution of its own state.

    If it is a legal law, however, I don't believe it applies to those with CWPs. If you read RS 14:95 (illegal carrying of weapons), it states:

    [line]
    §95. Illegal carrying of weapons
    A. Illegal carrying of weapons is:
    (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or
    (2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or
    (3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or...
    (There's more, but this is the part pertinenent to this discussion)

    [line]

    Since this law refers to ALL CONCEALED firearms, obviously this law can't apply to CWP holders, or there wouldn't BE any CWPs. Therefore someone with a CWP must ultimately be guided by the regulations laid out in RS 40:1379.3, which discusses all the major aspects of carrying concealed, including the following regulations about where NOT to carry.
    [line]
    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:
    (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 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.
    (11) Any school "firearm-free zone" as defined in R.S. 14:95.6.
    [line]
    Now number 10 there is the trump card. A Class A-General retail permit is given only to places that, among other things, don't allow people under 18 on the premises as stated in RS 26:71.1 (d). In other words bars and pubs.

    Places that are primarily restaurants that have a bar are given a Class A-RESTAURANT liquor permit. That one little word, Restaurant instead of General, makes all the difference.


    [line]
    RS 26:71
    3) Retailers - (a) There shall be three types of Class A retail liquor permits:
    (i) Class A-General - two hundred dollars for each place of business in any city in the state and one hundred dollars for each place of business in a town, village, or unincorporated place.
    (ii) Class A-Restaurant - two hundred dollars for each establishment in the state.
    (iii) Class A-Special - two hundred dollars for each facility in the state.
    [line]
    Essentially, permittees can carry concealed in restaurant that have bars, just not in actual bars and pubs.

    This puts Lousianians in an interesting situation. There are several states that have laws that, followed to the letter, force people who are carrying concealed to switch to open carry to enter a restaurant. In Louisiana, it is the opposite. To legally enter armed into a restaurant that serves alcohol, you have to have a CWP and conceal your weapon.



    However, there is one little problem with my analysis, caused by the very law mentioned at the beginning of this thread. Another section of the Concealed weapon code (RS 40:1379.3) states that:


    [line]
    M. No concealed handgun permit shall be valid or entitle any permittee to carry a concealed weapon in any facility, building, location, zone, or area in which firearms are banned by state or federal law.
    [line]

    This would seem to uphold the law you found, unless the law can be confirmed as going against the state constitution.

    Of course, it also goes against this section of the general law forbidding concealed carry mentioned earlier (RS 14:95)

    [line]A. Illegal carrying of weapons is:
    (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person;
    [line]
    If "on one's person" is considered a location (with loose interpretation), then the CWP would be rendered completely null and void. The permit doesn't allow you to carry in places forbidden by state law, and on one's person could be interpreted as one of those places.

    Screwy, ain't it?


  4. #4
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    You can't drink at Circle K or Winn Dixie.

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