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OC in State Parks

Wolfgang1952

Regular Member
Joined
May 31, 2010
Messages
169
Location
Mt Hermon / Franklinton,La ,
Are the State Parks OC friendly? This is what the law says. To me this is double talk.


§1691. Possession of firearms
A person who lawfully possesses a firearm may possess or transport such firearm within the boundaries of a state park, state historic site, state preservation area, wildlife management area, or wildlife refuge.
Acts 2010, No. 790, §1.
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
Are the State Parks OC friendly? This is what the law says. To me this is double talk.


§1691. Possession of firearms
A person who lawfully possesses a firearm may possess or transport such firearm within the boundaries of a state park, state historic site, state preservation area, wildlife management area, or wildlife refuge.
Acts 2010, No. 790, §1.

YES!! It's clear. OCing is a protected right state wide except where the legislature has "abridged" that right such as public buildings and places that sell alcohol for consumption on the premises.

A person OCing in this state that can legally own a firearm is protected in state parks according to 1691
 

oldman45

New member
Joined
Aug 15, 2010
Messages
6
Location
Louisiana
YES!! It's clear. OCing is a protected right state wide except where the legislature has "abridged" that right such as public buildings and places that sell alcohol for consumption on the premises.

A person OCing in this state that can legally own a firearm is protected in state parks according to 1691

The carrying of a firearm is legal in places selling alcohol for consumption as long as the place does not derive more than 50% of it's revenue from the sell of alcohol. Example: Applebees sells alcohol but most of their income is from food sales so carry would be legal in the dining part but not in their bar.
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
The carrying of a firearm is legal in places selling alcohol for consumption as long as the place does not derive more than 50% of it's revenue from the sell of alcohol. Example: Applebees sells alcohol but most of their income is from food sales so carry would be legal in the dining part but not in their bar.

This thread is about OCING... as is this entire website. Your statement is dead wrong when it comes to OCing in the state of La.
 
Last edited:

oldman45

New member
Joined
Aug 15, 2010
Messages
6
Location
Louisiana
This thread is about OCING... as is this entire website. Your statement is dead wrong when it comes to OCing in the state of La.

Sorry but I am referring to OC. I am also in law enforcement and have been so since before most here were born. Having testified in many cases as expert in firearm laws as well as sitting on legislative panels in three years.

Check the written law in the statutes. Just had this come up in norteast LA with a restaurant that had a bar inside. Sitting in the bar was deemed legal with OC or CC as long as the revenue from alcohol sales did not exceed 50% of the total revenue.

If you disagree with the ruling, then I suggest you take it up with your legislators in Baton Rouge.
 

sraacke

Regular Member
Joined
Jul 20, 2008
Messages
1,216
Location
Saint Gabriel, Louisiana, USA
Sorry but I am referring to OC. I am also in law enforcement and have been so since before most here were born. Having testified in many cases as expert in firearm laws as well as sitting on legislative panels in three years.

Check the written law in the statutes. Just had this come up in norteast LA with a restaurant that had a bar inside. Sitting in the bar was deemed legal with OC or CC as long as the revenue from alcohol sales did not exceed 50% of the total revenue.

If you disagree with the ruling, then I suggest you take it up with your legislators in Baton Rouge.

Please cite the case please. I was not aware of any such case.
You say check the written law so here's what I know...
RS 14:95.4 says
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.
Then RS 14:95.5 says
§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.

So you have 2 conflicting definitions of what a Alcohol beverage outlet is and that is what is so confusing to those of us trying to understand the intent of the laws. If there is indeed a case which would establish some sort of answer to this I personally would love to see the details.
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
Sorry but I am referring to OC. I am also in law enforcement and have been so since before most here were born. Having testified in many cases as expert in firearm laws as well as sitting on legislative panels in three years.

Oh... well then I'm sure you can provide the law to backup your claim...

Check the written law in the statutes. Just had this come up in norteast LA with a restaurant that had a bar inside. Sitting in the bar was deemed legal with OC or CC as long as the revenue from alcohol sales did not exceed 50% of the total revenue.

Had this come up?? A court case? MWAG call?? WHat??

If you disagree with the ruling, then I suggest you take it up with your legislators in Baton Rouge.

What ruling?? You have said NOTHING about any ruling.
 

DrakeXD

Regular Member
Joined
Oct 24, 2010
Messages
35
Location
Marrero, Louisiana
I'm very interested to see some specifics on a court ruling about this. Would certainly help to clear up the confusion and possibly lead to getting the law rewritten.
 

swampcrawler

Regular Member
Joined
Sep 27, 2011
Messages
10
Location
Louisiana
back to the original question plz?! :cuss:

im kinda currious about this to. i hunt/camp on a WMA quite often. we have had a... bothersom experience with some unidentified somebody getting uncomfortably close to our camp having gained access to the area in some way other than the road, meaning he came throug the woods from somewhere at about 1am on a rainy, cold night. heard a small dog barking, worke up like why is a dog here? guy yelled "hey" in the back of the clearing toward the woods, then nothing. dog shut up and dissapeared. no guy there, nobody answered when we called back, nobody supposed to be there, we wouldnt have known he was there if he hadnt yelled at the dog, and he just vanished without any explanation.

but the wma rules say no loaded firearms in the camp area. but the law the guy posted says i can posses my gun on a wildlife managment area. sooo, can i possess it loaded? what trumps what? state law or campground rule on state property? can i carry my 45 with the mag out? not nearly as good as carying loaded, but pullin the mag off my other hip, slapping it in and racking the slide beats the snot out of running to the truck to get my pistol. someone help?:question:
 

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
back to the original question plz?! :cuss:
<SNIP>

but the wma rules say no loaded firearms in the camp area. but the law the guy posted says i can posses my gun on a wildlife managment area. sooo, can i possess it loaded? what trumps what? state law or campground rule on state property? can i carry my 45 with the mag out? not nearly as good as carying loaded, but pullin the mag off my other hip, slapping it in and racking the slide beats the snot out of running to the truck to get my pistol. someone help?:question:

VERY good question. Welcome to opencarry.org!!

The WMA "rules" have not been changed(as of the last time I checked), which means the LA. Dept. of Wildlife is setting itself up for a lawsuit. It appears to me that they are resisting 1691. I've been keeping a close eye on this and it may be time for action.

Come visit us at Laopencarry.org. We should probably deal with this together.
 
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