Page 1 of 2 12 LastLast
Results 1 to 25 of 29

Thread: Kenner council adopts illegal gun ban for bars/restaurants

  1. #1
    Regular Member estcrh's Avatar
    Join Date
    Oct 2008
    Location
    Louisiana, USA
    Posts
    365

    Kenner council adopts illegal gun ban for bars/restaurants

    Does this go against current La. laws on guns being allowed in a restaurant?


    As originally written, the legislation would have just forbid guns on the premises of establishments with permits to serve alchohol, but Councilwoman Michele Branigan mentioned a case last weekend when a man was arrested after allegedly wielding a knife on a Kenner dance floor.
    So the council amended the legislation to forbid "any dangerous weapon as defined in the state criminal code."


    Councilwoman Maria DeFrancesch said she had been approached by some bar owners worried that the law wouldn't allow them to have a gun. "They had some questions about protecting themselves if something happened in their property," she said.
    The council then excepted owners, legal custodians and lessees from the prohibition against weapons.
    Stagni said the law means that security officers cannot have weapons.

    From>>> http://www.nola.com/politics/index.s...html#incart_rh

  2. #2
    Regular Member
    Join Date
    Sep 2007
    Location
    Baton Rouge, Louisiana, USA
    Posts
    545
    Isn't there some law about making more a strick law after a certain year?

  3. #3
    Regular Member 4angrybadgers's Avatar
    Join Date
    Aug 2009
    Location
    Hattiesburg, Mississippi, USA
    Posts
    411
    Quote Originally Posted by charlie12 View Post
    Isn't there some law about making more a strick law after a certain year?
    Yup, RS 14:1796. http://www.legis.state.la.us/lss/lss.asp?doc=97860

    1796. Preemption of state law
    A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; however, this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.
    B. Nothing in this Section shall prohibit a local governing authority in a high-risk area from developing a plan with federally licensed firearms manufacturers, dealers, or importers to secure the inventory of firearms and ammunition of those licensees in order to prevent looting of the licensee's premises during a declared state of emergency or disaster. Such plan shall be renewed on a periodic basis. The information contained in the plan shall be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the sheriffs of the parishes or police chiefs of municipalities in which the declared state of emergency or disaster exists.
    C. For the purposes of this Section:
    (1) "Declared emergency or disaster" means an emergency or disaster declared by the governor or parish president pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.
    (2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.
    Added by Acts 1985, No. 741, 1, eff. July 17, 1985; Acts 2006, No. 254, 1.

  4. #4
    Regular Member estcrh's Avatar
    Join Date
    Oct 2008
    Location
    Louisiana, USA
    Posts
    365
    nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.
    I guess this gives them the right to regulate guns in places which serve alcohol.

  5. #5
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    I am so sick of the carry ban in Class A resturants and bars. It is a close second after the GFZ at schools and churches for sheer stupidity.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  6. #6
    Regular Member 4angrybadgers's Avatar
    Join Date
    Aug 2009
    Location
    Hattiesburg, Mississippi, USA
    Posts
    411
    Quote Originally Posted by estcrh View Post
    I guess this gives them the right to regulate guns in places which serve alcohol.
    That's probably how it's justified. I wonder if "certain commercial establishments" is defined in the RS. I'll have to look at that sometime later.

  7. #7
    Regular Member
    Join Date
    Mar 2010
    Location
    shreveport
    Posts
    57
    I think that will get thrown out, theres already a state law for bar room and Alcohol beverage outlet.they cant change that. 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,

  8. #8
    Regular Member estcrh's Avatar
    Join Date
    Oct 2008
    Location
    Louisiana, USA
    Posts
    365
    There is a constant chipping away of rights in this state that needs to be addressed on a statewide level...or nationally. Why its ok to discriminate against someone who justs wants to be able to protect themselves while eating I will never quite understand...its not like you can drink while carrying a gun anyway so there are laws already in place for that.

  9. #9
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711
    Quote Originally Posted by estcrh View Post
    Does this go against current La. laws on guns being allowed in a restaurant?


    As originally written, the legislation would have just forbid guns on the premises of establishments with permits to serve alchohol, but Councilwoman Michele Branigan mentioned a case last weekend when a man was arrested after allegedly wielding a knife on a Kenner dance floor.
    So the council amended the legislation to forbid "any dangerous weapon as defined in the state criminal code."


    Councilwoman Maria DeFrancesch said she had been approached by some bar owners worried that the law wouldn't allow them to have a gun. "They had some questions about protecting themselves if something happened in their property," she said.
    The council then excepted owners, legal custodians and lessees from the prohibition against weapons.
    Stagni said the law means that security officers cannot have weapons.

    From>>> http://www.nola.com/politics/index.s...html#incart_rh
    Yup. We need some folks to organize against this illegal action by the council.
    --
    PART II-A. MISCELLANEOUS PROVISIONS

    1796. Preemption of state law

    A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; however, this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.

    B. Nothing in this Section shall prohibit a local governing authority in a high-risk area from developing a plan with federally licensed firearms manufacturers, dealers, or importers to secure the inventory of firearms and ammunition of those licensees in order to prevent looting of the licensee's premises during a declared state of emergency or disaster. Such plan shall be renewed on a periodic basis. The information contained in the plan shall be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the sheriffs of the parishes or police chiefs of municipalities in which the declared state of emergency or disaster exists.

    C. For the purposes of this Section:

    (1) "Declared emergency or disaster" means an emergency or disaster declared by the governor or parish president pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

    (2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.


  10. #10
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    37
    does anyone have the actual language of the ordinance?

  11. #11
    Regular Member estcrh's Avatar
    Join Date
    Oct 2008
    Location
    Louisiana, USA
    Posts
    365
    Quote Originally Posted by DZelenka View Post
    does anyone have the actual language of the ordinance?
    I have been looking but no luck so far...http://www.kenner.la.us/govern.html

  12. #12
    Regular Member turbodog's Avatar
    Join Date
    Jan 2009
    Location
    Independence, Louisiana, USA
    Posts
    566
    Quote Originally Posted by 4angrybadgers View Post
    That's probably how it's justified. I wonder if "certain commercial establishments" is defined in the RS. I'll have to look at that sometime later.
    I doubt if there is a listing. I think the language just means that they have the authority to select a specific type/class of business's for regulation.

  13. #13
    Regular Member
    Join Date
    Jul 2011
    Location
    new orleans
    Posts
    1

    Kenner city council hypocrites

    Michele Branigan was RIGHT in the MIDDLE of the Hoboken SWAT scandal in whch her friend Angelo Adriani stated that an unloaded gun is "NOTHING MORE THAN A PAPERWEIGHT". Please watch VIDEO

    http://www.myfoxny.com/dpp/news/inve...m-hooters-case

    http://www.myfoxny.com/dpp/news/inve...ing-new-photos

    http://hoboken411.com/archives/11006?cp=2#comments

  14. #14
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Zeldafaybaker,
    Welcome to the forum and thanks for the links.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  15. #15
    Regular Member
    Join Date
    Mar 2010
    Location
    shreveport
    Posts
    57
    I sent to rep burns about cc and the state police sent me this back READ the whole thing..From: Doug.Pierrelee@dps.la.gov [mailtooug.Pierrelee@dps.la.gov]
    Sent: Tuesday, February 22, 2011 11:12 AM
    To: Burns, Rep. Henry (District Office)
    Subject: Concealed carry in restaurant / bar.



    Short answer: Anyplace restricted to "No one under 18 admitted". If your kids can't sit there, you can't carry concealed there. By illustration: Armed concealed permit holders can go in any restaurant with a bar (see definitions below). Take "Outback Steakhouse": Concealed permit holders carrying a concealed handgun can't sit at the bar; they can sit in areas outside the bar area still enclosed in the same restaurant. It is silly but accurate. It is also entertaining to note that while permit holders can't carry concealed at the bar (regardless of whether or not they are drinking), I believe, unless further investigation proves wrong, one CAN carry openly! There is nothing in federal or state law that says one can't carry openly unless the owner asks him to remove the gun, then he must comply. Only if he doesn't comply or leave at that point would he be in violation of the law, and only then would it be a violation of: Remaining after being Forbidden14:63.3 as a misdemeanor, not a crime of violence. I know what you're thinking, "brandishing", no. Brandishing a weapon is displaying a weapon in a way that makes it clear and reasonable to the public that you are in the act of committing a crime with the use of that weapon. Please have this fellow email me for more clarification.

  16. #16
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Oh dear, Zeus. Where to start. Basically he says we can open carry in a place which serves alcohol for consumption which is counter to everything we've heard for years. Then he goes into "brandishing" but there is no actual "brandishing" statute to point to. There's Neg Carry of Concealed Firearm but La doesn't have a "Brandishing" law. We always warn to take advice from LEOs with a grain of salt and to follw up with further research. Looks like this DPS/LSP officer could lead some peple down a dangerous road.

    Quote Originally Posted by 55bowtie View Post
    I sent to rep burns about cc and the state police sent me this back READ the whole thing..From: Doug.Pierrelee@dps.la.gov [mailtooug.Pierrelee@dps.la.gov]
    Sent: Tuesday, February 22, 2011 11:12 AM
    To: Burns, Rep. Henry (District Office)
    Subject: Concealed carry in restaurant / bar.



    Short answer: Anyplace restricted to "No one under 18 admitted". If your kids can't sit there, you can't carry concealed there. By illustration: Armed concealed permit holders can go in any restaurant with a bar (see definitions below). Take "Outback Steakhouse": Concealed permit holders carrying a concealed handgun can't sit at the bar; they can sit in areas outside the bar area still enclosed in the same restaurant. It is silly but accurate. It is also entertaining to note that while permit holders can't carry concealed at the bar (regardless of whether or not they are drinking), I believe, unless further investigation proves wrong, one CAN carry openly! There is nothing in federal or state law that says one can't carry openly unless the owner asks him to remove the gun, then he must comply. Only if he doesn't comply or leave at that point would he be in violation of the law, and only then would it be a violation of: Remaining after being Forbidden14:63.3 as a misdemeanor, not a crime of violence. I know what you're thinking, "brandishing", no. Brandishing a weapon is displaying a weapon in a way that makes it clear and reasonable to the public that you are in the act of committing a crime with the use of that weapon. Please have this fellow email me for more clarification.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  17. #17
    Regular Member
    Join Date
    Mar 2010
    Location
    shreveport
    Posts
    57
    Well why don't you grow some BALLS and send him an e-mail ?His address is right there.Why don't you mail one of your LETTERS to him.I missed that memo that said YOU were the expert on the laws!!!!!!!
    Last edited by 55bowtie; 07-10-2011 at 09:15 AM.

  18. #18
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Quote Originally Posted by 55bowtie View Post
    Well why don't you grow some BALLS and send him an e-mail ?His address is right there.Why don't you mail one of your LETTERS to him.I missed that memo that said YOU were the expert on the laws!!!!!!!
    dude, what crawled up your butt this morning? Chill. we're on the same side here. I never claimed to be an expert but the guy is clearly giving bad advice.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  19. #19
    Regular Member
    Join Date
    Mar 2010
    Location
    shreveport
    Posts
    57
    YO DUDE we're not on the same side.Grow some balls and contact him.You're real good at tellin us how wrong everything is but you never have a fix for it.You use this and other sites as a membership drive for a useless website...

  20. #20
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    Allrighty then. Don't really know what put you in the bad mood but I hope it clears up soon. Honestly, I didn't even know about the email until you posted it here, what?, 24 hours ago. And you got it in Febuary. Give me time read it and discuss it here before you rip me a new one for not printing out and mailing off a letter to the guy already. And what's with the hateing on LOCAL and our drive for members? It's members who keep our organization active. It's members who help us get all of those letters you seem to be hateing on out to the people we want to contact. It's members who help spread the word about the right to Open Carry. It's members who show up at meetings and meetups like yesterdays IHOP breakfast and trip to the Slidell Gun show. It's members who pay the cost to mail out all of those letters. Let me give you an example. Recently LOCAL contacted every CHP instuctor in the state who had listed a email address on the LSP CHP website. We offered them as many free informational pamphlets as they wanted to hand out to their students or to display at their shops or ranges. Several responded to our introduction and requested fliers. We folded over 1500 trifold brochures and then mailed them out at this months meeting. Here's a couple of photos to show you what we did.


    Just the postage costs for these mailouts was close to $50. Who do you think paid for that? Members. Who printed those pamphlets? Members. Who folded them? Members. So don't hate on me for using this site and others to recruit. It's how we get the word out and grow as an orginization so that we can contact people like the one who sent you that email.
    I'm sorry you don't think we are on the same side. What makes you believe we aren't? I'm sorry you find the website useless. It's actually very active and we are regularly posting lots of good information there. I don't know what gave you the bad impression but we welcome any input you may offer.
    Last edited by sraacke; 07-10-2011 at 12:18 PM.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  21. #21
    Regular Member HeroHog's Avatar
    Join Date
    Aug 2008
    Location
    Shreveport, LA
    Posts
    653
    ...and the horse he rode in on! What has HE done in regards to this issue Yale? Don't let this guy get under your skin Yale, it just isn't worth it.

    Thanks for all the hard work that you and the rest of the active members put in for all of us!
    Last edited by HeroHog; 07-10-2011 at 12:43 PM.
    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

    "Stay safe..." - Paul "Skidmark" Henick, RIP

  22. #22
    Regular Member
    Join Date
    Mar 2010
    Location
    shreveport
    Posts
    57
    Give me time read it and discuss it here before you rip me a new one for not printing out and mailing off a letter to the guy already E-MAIL HIM do you have to discuss that or can you do that on your own? I didn't e-mail him for you i did it for me so i would know.You can't do anything for yourself???Do it buy yourself without asking anybodys permission.Are you allowed to do that or do you local guys need to vote on it first.?? Herohog that was a great meeting you had at the catfish restaurant, GOOD JOB...

  23. #23
    Regular Member HeroHog's Avatar
    Join Date
    Aug 2008
    Location
    Shreveport, LA
    Posts
    653
    I did my part. Where were you?
    Last edited by HeroHog; 07-10-2011 at 02:10 PM.
    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

    "Stay safe..." - Paul "Skidmark" Henick, RIP

  24. #24
    Regular Member sraacke's Avatar
    Join Date
    Jul 2008
    Location
    Saint Gabriel, Louisiana, USA
    Posts
    1,222
    OK, now you are being mean, Bowtie. I come here to have a rational and informative discussion. This is not happening as long as you attack others here. I'm going to step out of this thread. Be well.
    Last edited by sraacke; 07-10-2011 at 02:06 PM.
    President/ Founding Member
    Louisiana Open Carry Awareness League
    www.laopencarry.org

  25. #25
    Regular Member
    Join Date
    Mar 2010
    Location
    shreveport
    Posts
    57
    yale
    OK, now you are being mean, Bowtie . HeroHog
    ...and the horse he rode in on! This is not happening as long as you attack others here. I'm going to step out of this thread. Be well. SEE YA.....

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •