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Thread: My first OC.

  1. #1
    Regular Member Nikki_Black's Avatar
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    Hey y'all, I had my first OC day today. No problems at all.
    Went to Walmart in Zachary and got some groceries, went to Chiles for lunch, stopped at a couple of gas stations, and went to a Chinese place for supper. Sat next to one of the local Sheriff's Deputies, and we got into a conversation about our choices of sidearms. No stares or questions from people. All in all, a successful day in my books.

    EDIT: Details

    Poster's note: If you cannot be civil towards myself or others posting in this or any of my other threads, then I don't need your post. Please move along. Special note regarding MEM, he is not trying to be uncivil, he's just posting his opinion.

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    Regular Member barf's Avatar
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    Were you in the same locality that you are a SD in training? Did your conversation with the SD center around that, or that you were exercising your right to open carry?

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    Regular Member Nikki_Black's Avatar
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    We just talked about our choice of carry weapons. I carry my Springfield XD45, he has a Sig P220. Just chatting, pros and cons of different guns, stuff like that. He was actually glad to see me carrying. Glad that if a BG came through the door, there'd be another person to help him, since backup usually takes a while.

    The Chinese place is in Clinton. The Chili's is in Zachary. Sorry about the mix up, it's been a long day.

    EDIT: Details Mix Up.

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    Regular Member sraacke's Avatar
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    You OCed in Chillis? From my understanding OC is not allowed there due to serving alcohol. Am I wrong? I was at Chillies Sunday but CCed while there.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

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    Regular Member Nikki_Black's Avatar
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    You can OC in the restaurant part. Or so the manager told me.
    The SD didn't seem to mind either, seeing as he didn't say anything about it. I was either misinformed or it's not okay to OC in Chili's, but hey, I didn't get in trouble this time. I will keep it in mind when going to Chili's that I might or might not be able to OC there from now on. I'll just ask the other Chili's I eat at.

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    Nikki_Black wrote:
    You can OC in the restaurant part. Or so the manager told me.
    The SD didn't seem to mind either, seeing as he didn't say anything about it. I was either misinformed or it's okay to OC in Chili's, but hey, I didn't get in trouble this time. I will keep it in mind when going to Chili's that I might or might not be able to OC there from now on. I'll just ask the other Chili's I eat at.
    My understanding is that the establishments primary source of income must be from alcohol sales for it to be illegal. I could however be very wrong.

  7. #7
    Regular Member Nikki_Black's Avatar
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    I don't think that their primary source of income is the booze they sell. But just to be safe, I think I'll call the district manager and ask them. Haha, I wonder what Mark would have to say about that?

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    Summit_Ace wrote:
    Nikki_Black wrote:
    You can OC in the restaurant part. Or so the manager told me.
    The SD didn't seem to mind either, seeing as he didn't say anything about it. I was either misinformed or it's okay to OC in Chili's, but hey, I didn't get in trouble this time. I will keep it in mind when going to Chili's that I might or might not be able to OC there from now on. I'll just ask the other Chili's I eat at.
    My understanding is that the establishments primary source of income must be from alcohol sales for it to be illegal. I could however be very wrong.
    Nobody has ever been able to post a link to a LA law that says anything about a % of booze sales.

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    Nikki_Black wrote:
    We just talked about our choice of carry weapons. I carry my Springfield XD45, he has a Sig P220. Just chatting, pros and cons of different guns, stuff like that. He was actually glad to see me carrying. Glad that if a BG came through the door, there'd be another person to help him, since backup usually takes a while.

    The Chinese place is in Clinton. The Chili's is in Zachary. Sorry about the mix up, it's been a long day.

    EDIT: Details Mix Up.
    You had me mixed up for a minute, the deputy was from EFSO that was carrying the 220?

    EBRSO has Sigs now but are going to Glocks.

  10. #10
    Regular Member turbodog's Avatar
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    charlie12 wrote:
    Nobody has ever been able to post a link to a LA law that says anything about a % of booze sales.
    There is no law regarding firearms and the % of alcohol sales.
    That law is "Consent to search"

    RS 14:95.4
    §95.4. Consent to search; alcoholic beverage outlet
    A. Any person entering an alcoholic beverage outlet as defined herein, by the fact of such entering, shall be deemed to have consented to a reasonable search of his person for any firearm by a law enforcement officer or other person vested with police power, without the necessity of a warrant.
    B. For purposes of this Section, "alcoholic beverage outlet" 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 the primary purpose or are an incidental purpose of the business of the establishment.
    C. An "alcoholic beverage outlet" licensed to sell firearms or containing an indoor shooting gallery shall be exempt from the provisions of this Section in those areas designated for the sale of firearms or the shooting gallery.
    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.
    E. The owner of the alcoholic beverage outlet shall post a sign, at or near the entrance, that states that by the fact of entering these premises a person shall be deemed to have consented to a reasonable search of his person for any firearm by a law enforcement officer or other person vested with police power, without the necessity of a warrant.
    Added by Acts 1983, No. 524, §1.
    This is the one about firearms in an "Alcoholic Beverage Outlet":
    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.
    Acts 1985, No. 765, §1.
    The two are worded very similar except there's no mention about "majority of gross receipts" in the firearms ordinance. No doubt a deliberate omission. Wouldn't do to give police carte blanche to jack up patrons of Commander's Palace now would it?
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

  11. #11
    Regular Member turbodog's Avatar
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    Sorry, ignore previous post. I see you're covering all this in another thread.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    Sorry, ignore previous post. I see you're covering all this in another thread.
    There may be a benefit to the redundancy Turbodog. In the other thread, there was discussion of OC and CC so there may be some confusion. It should be made clear that as far as OCing goes, the applicable law is RS 14:95.5, as you have pointed out. If anyone is having trouble "interpreting" the meaning of 14:95.5 then they should seek the advice of council.

    Edit - Changed "CCing" to "OCing".

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    Regular Member Nikki_Black's Avatar
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    The deputy was East Feliciana SO. And thank you for clearing this up, guys. I find that it's best to know this stuff before I go out and OC, so I don't get arrested. Haha. I wont OC in Chili's again though. Not worth the risk. Didn't have any problems that time, but you never know. I am a frequent customer at the Chili's in Zachary though, I've eaten there at least once a week since I was 17. First name basis with everybody there. But the law is the law, even if we don't agree with it.

    ~Nikki B.

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    RS 14:95.5
    I think this is pretty clear. NO possession of firearm (oc or cc) in any place that serves by the glass or bottle for immediate consumption. The only exception is the owner, an employee, or on-duty LEO.


    and 95.4 states that you consent to search for firearms by entering an establishment that serves alcohol by the glass or bottle for consumption. And the exception to this is the 94.4.D, "restaurant clause".

    So you are breaking the law by having a gun in Chili's period, but if you CC you will likely not get caught because of 94.4.D, however if you do have to use your weapon for self defence, regardless if it was justified (i.e. a robbery or assault) then you are still broke the law 95.5



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    AND WHAT ABOUT THIS PART?
    §95.4.C. An "alcoholic beverage outlet" licensed to sell firearms or containing an indoor shooting gallery shall be exempt from the provisions of this Section in those areas designated for the sale of firearms or the shooting gallery.

    Can anyone thing of any place that has a gun shop or shooting range and a bar under the same roof? Sounds like it's a bad idea and a huge liability to the owner, but could be very profitable. a place called "Pizza, Beer, & Guns"; I might hang out there.

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    Regular Member turbodog's Avatar
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    Slidell Jim wrote:
    RS 14:95.5


    So you are breaking the law by having a gun in Chili's period, but if you CC you will likely not get caught because of 94.4.D,
    Well, hopefully you won't get caught because your doing a good job of covering up.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    Slidell Jim wrote:
    AND WHAT ABOUT THIS PART?
    §95.4.C. An "alcoholic beverage outlet" licensed to sell firearms or containing an indoor shooting gallery shall be exempt from the provisions of this Section in those areas designated for the sale of firearms or the shooting gallery.

    Can anyone thing of any place that has a gun shop or shooting range and a bar under the same roof? Sounds like it's a bad idea and a huge liability to the owner, but could be very profitable. a place called "Pizza, Beer, & Guns"; I might hang out there.
    Wonder wut the legislative intent was here??

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    Campaign Veteran IA-Pro's Avatar
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    georg jetson wrote:
    Slidell Jim wrote:
    AND WHAT ABOUT THIS PART?
    §95.4.C. An "alcoholic beverage outlet" licensed to sell firearms or containing an indoor shooting gallery shall be exempt from the provisions of this Section in those areas designated for the sale of firearms or the shooting gallery.

    Can anyone thing of any place that has a gun shop or shooting range and a bar under the same roof? Sounds like it's a bad idea and a huge liability to the owner, but could be very profitable. a place called "Pizza, Beer, & Guns"; I might hang out there.
    Wonder wut the legislative intent was here??
    Somebody was thinking about a business opportunity maybe?

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    This is yet another reason why there's an ambiguity between La. R.S. 14:95.4 and 14:95.5. The former explicitly contemplates that a gun range may serve alcoholic beverages for consumption on the premises, while the latter bans the possession of firearms in such an establishment. What's the deal there? It sounds a bit absurd.

    Ultimately, it just flat out isn't all that clear. If you'll note, they wrote the two sections two years apart, and apparently made little effort to make them dovetail with each other. IMO, they're ambiguous.

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    Campaign Veteran IA-Pro's Avatar
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    Slidell Jim wrote:
    AND WHAT ABOUT THIS PART?
    §95.4.C. An "alcoholic beverage outlet" licensed to sell firearms or containing an indoor shooting gallery shall be exempt from the provisions of this Section in those areas designated for the sale of firearms or the shooting gallery.

    Can anyone thing of any place that has a gun shop or shooting range and a bar under the same roof? Sounds like it's a bad idea and a huge liability to the owner, but could be very profitable. a place called "Pizza, Beer, & Guns"; I might hang out there.
    Who wants in on the ground floor of this exciting new business opportunity?



  21. #21
    Regular Member Nikki_Black's Avatar
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    Hell yeah!I love the name too. Haha.

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    Campaign Veteran XD-GEM's Avatar
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    IA-Pro wrote:
    georg jetson wrote:
    Slidell Jim wrote:
    AND WHAT ABOUT THIS PART?
    §95.4.C. An "alcoholic beverage outlet" licensed to sell firearms or containing an indoor shooting gallery shall be exempt from the provisions of this Section in those areas designated for the sale of firearms or the shooting gallery.

    Can anyone thing of any place that has a gun shop or shooting range and a bar under the same roof? Sounds like it's a bad idea and a huge liability to the owner, but could be very profitable. a place called "Pizza, Beer, & Guns"; I might hang out there.
    Wonder wut the legislative intent was here??
    Somebody was thinking about a business opportunity maybe?
    During one spat with the City of New Orleans (during Marc Morial's administrationIIRC), the NRA publicly contemplated opening just such an establishment in the French Quarter. Nothing came of it though.



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