LA: Ban on guns in places that sell alcohol violates 2A

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ELB
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LA: Ban on guns in places that sell alcohol violates 2A

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Post by ELB »

Again via Volokh Conspiracy
Baton Rouge Code of Ordinances § 13:95.3 provides,

(a) It shall be unlawful for any person to have in his possession a firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, in any premises where alcoholic beverages are sold and/or consumed on the premises except the owner or lessee of the premises, or their employees [or law enforcement officials]….

(b) … Any person who enters a place where alcoholic beverages are sold and/or consumed on the premises does, by the mere fact of entering, consent to a search of his person for any firearm or other instrumentality customarily used or intended for probable use as a dangerous weapon while on said premises, by any [law enforcement official], without a warrant.

(c) The phrase, “… premises where alcoholic beverages are sold and/or consumed on the premises” shall include all of the licensed premises, including the parking lot.
A gentleman named Taylor sued Baton Rouge in federal court alleging this unconstitutionally infringed on his 2A rights. Baton Rouge did not properly reply in court, and Taylor won by default. Eugene Volokh notes that the court still had to analyze Taylor's claim and see if it could plausibly succeed if it were to go to trial. The court decided it did.
In sum, the Court finds that Taylor’s allegations, which the Court accepts as true based on Defendants’ default, are sufficient to establish a viable claim for relief under the Second Amendment. Consequently, the Court concludes that Plaintiff has established a sufficient basis for judgment in his favor.
The court also noted that Baton Rouge's DA apparently recognized that the ordinance had constitutional problems, and the DA urged the city to rescind it and the suggested the police chief not enforce it.

Direct link to case: Taylor v. City of Baton Rouge (M.D. La. Aug. 25, 2014)
USAF 1982-2005
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Keith B
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Re: LA: Ban on guns in places that sell alcohol violates 2A

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Post by Keith B »

Basically sounds like the DA let the court nullify the city ordinance and now the state law takes over that says you can't carry in a location that has a Class A liquor license for on-premise consumption. That is basically like the 51% rule here in Texas.
Keith
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GlockDude26
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Re: LA: Ban on guns in places that sell alcohol violates 2A

#3

Post by GlockDude26 »

i am wondering if it would possible to amend the 51% rule for people who can't or do not drink. and by this I mean 0 alcohol. Take me for example, medically I can't drink anymore not, one sip for the duration of the ride. It peeves me off to no end when people I know want to go listen to live music and stuff at bars with this and I can't carry there even though the only thing i'm drinking is coke zero....to me it's one of the main times i feel people need that protection from others who get intoxicated or criminals that target these parking lots b/c they know everyone will be disarmed.....you know murder is illegal too but people still do it....
"Our houses are protected by the Good Lord and a gun, you might em both if you show up here not welcome son" Josh Thompson- Way out here (best song ever) "eventually all citizens will become criminals with enough legislation....."
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Keith B
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Re: LA: Ban on guns in places that sell alcohol violates 2A

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Post by Keith B »

GlockDude26 wrote:i am wondering if it would possible to amend the 51% rule for people who can't or do not drink. and by this I mean 0 alcohol. Take me for example, medically I can't drink anymore not, one sip for the duration of the ride. It peeves me off to no end when people I know want to go listen to live music and stuff at bars with this and I can't carry there even though the only thing i'm drinking is coke zero....to me it's one of the main times i feel people need that protection from others who get intoxicated or criminals that target these parking lots b/c they know everyone will be disarmed.....you know murder is illegal too but people still do it....
Texas penal code 46.035 (1) would have to be removed and that would allow you to carry in those locations. It would still be an offense to carry while intoxicated.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
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