Louisiana resteraunt carry

[FL450]

Saw this post in the Sig Forum

"I spent 40 minutes today on the phone with Sgt. Clay Reavis of the Concealed Handgun Unit Louisiana Dept of Public Safety. I have been receiving emails and reading on other web sites stating carry in restaurants like Friday's, Red Lobster, Applebee's etc was legal in Louisiana and that Handgunlaw.us was wrong to list LA as No restaurant carry allowed. Sgt. Reavis called me after I sent him an email.

Sgt. Reavis explained to me that there has been a lot of questions about this and that Criminal Law (Pasted Below) does not allow a permit/license holder to carry in any part of any establishment where they sell alcohol for consumption on the premises. This means establishment that sells beer etc for consumption on the premises. No carry is allowed.

I wanted to make sure this info got out as I would hate to see someone get arrested and maybe lose their permit/license to carry after reading info posted on other websites. Sgt Reavis told me he will try to update the FAQ page on the LA site adding this very FAQ. He does have other duties besides running the Concealed Handgun Unit and he told me it will take some time.

Here is the email I ask him to send me and I got his permission to post his name and #:

LRS 14:95.5 Possession of firearm beverage outlet

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.

Sgt. Clay Reavis
Louisiana State Police
Concealed Handgun Permit Section
225-925-4867"

__________________________
Stay Safe,
Gary Slider
http://www.handgunlaw.us" onclick="window.open(this.href);return false;

[Purplehood]

I interpret this as effectively restricting concealed carry in almost every LA restaurant. Am I reading that right?

[FL450]

That's the way I read it.
I am in Louisiana on a fairly frequent basis and was disapointed to read this interpretation

[Keith B]

Tennessee is the same way. They passed restaurant carry, but then the Governor vetoed it and then it was not legal again. They took it to court and the courts ruled against it, so still not legal.

[Mike1951]

While there may be conflicting laws in Louisiana, it is NOT prohibited by their concealed handgun laws.

It is only prohibited where a Class A-General license is in effect. By law, those locations bar anyone under 18 from entering.

There is no restriction for the Class A - Restuarant license. In short, a restuarant that serves alcohol and does not restrict admission under the age of 18, is legal to carry there.


RS 40:1379.3
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:

(10) Any portion of the permitted area of an establishment that has been granted 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.

RS 26:71.1
§71.1. Class A permit; definitions
The commissioner shall issue the following four types of Class A retail liquor permits:
(1) Class A-General:
(a) A Class A-General retail permit shall be issued only to a retail outlet where beverage alcohol is sold on the premises for consumption on the premises by paying customers. Such an establishment must be equipped with a permanent wet bar equipped with a non-movable sink and a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.
(b) A Class A-General retail establishment shall be staffed by a bartender whose primary duty is to open and/or prepare beverage alcohol products for consumption on the premises by paying customers, or prepared with an appropriate lid or cover on the container for take out service. Such an establishment must meet all state and local zoning requirements as set forth by the state and by parishes and municipalities where a Class A-General retail outlet is located.
(c) Repealed by Acts 1995, No. 1016, §2.
(d) A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).
(e) Notwithstanding the provisions of Subparagraphs (a) through (d) of this Paragraph, the commissioner may issue a Class A-General liquor permit to any bona fide commercial film theater which had a Class A liquor permit on January 1, 1994.
(f) Notwithstanding the provisions of Subparagraphs (a) through (e) of this Paragraph, the commissioner may issue a Class A-General retail permit to any retail establishment for consumption on or off the premises. Such establishment must meet all state and local zoning requirements as set forth by the state and by parishes and municipalities where the retail outlet is located. A Class A-General retail permit issued pursuant to the authority granted by this Subparagraph shall not be deemed or qualify as a prerequisite for the issuance of any other type license or permit issued by the state or any political subdivisions thereof.
(g) The licensed premises of a Class A-General retail permit shall be able to accommodate a minimum of twenty-five patrons and contain no less than three hundred seventy-five square feet of public habitable floor area.
(h) The commissioner shall promulgate rules regarding requirements related to the number and location of public restrooms to be used in conjunction with the licensed premises of each Class A-General retail permit.
(i) Any Class A-General retail permit application submitted prior to September 1, 2001, shall not be required to meet the qualifications set forth in Subparagraph (g) of this Paragraph.
(2) Class A-Restaurant:
A Class A-Restaurant permit shall be issued only to a "restaurant establishment" as defined by R.S. 26:73(B) and issued to a facility in conjunction with a Class "R" restaurant permit under the provisions of R.S. 26:73.


RS 26:90
§90. Acts prohibited on licensed premises; suspension or revocation of permits

A. No person holding a retail dealer's permit and no agent, associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises:

(8)(a) Employ anyone under the age of eighteen in any capacity in an establishment where the sale of alcoholic beverages constitutes its main business unless the minor is a musician performing in a band on the premises under written contract with the permittee for a specified time period and is under the direct supervision of his parent or guardian during such time. If the sale of alcoholic beverages does not constitute the main business of the establishment, anyone under the age of eighteen may be employed as long as the minor's employment does not involve the sale, mixing, dispensing, or serving of alcoholic beverages for consumption on the premises.

[FL450]

So does that mean it's the same as Texas

[Mike1951]

It means that if they have a Class A - Restaurant license that you're legal to carry.

To determine if they have the Class A - General license, I would personally look for signs banning those under 18.

[The Annoyed Man]

So Mike, if I'm driving through LA with my family (which may actually happen in the next year or so*), and we stop at a Red Lobster for dinner where an underaged child is permitted entrance, then I may still carry, even through they may serve beer and wine?

Just making sure I understand.

* We are going to be launching my FIL's ashes into space, possibly during the first quarter of the year.

[Kythas]

I'm interested in this, too, as I'm going to Baton Rouge next week for business. I looked on handgunlaw.us and didn't get a clear answer there as to whether or not I could carry in a restaurant that serves alcohol. The only reason I may be in a bar would be the Dallas Cowboys/New Orleans Saints game (or Dallas/Arizona Cardinals game) that will take place the day I get there, though I should probably find a place I can carry as I'll be wearing my Cowboys jersey.

[Mike1951]

Take it with the usual IANAL caveat. I did include the chapter and verse so folks could read for themselves.

This also doesn't preclude that LA might still have some surviving pre-CCW tidbit that appears to make it illegal.

What I am saying is that the laws pertaining to concealed carry in Louisiana allow carry in restaurants that serve alcohol for on-premises consumption.

Link to prohibited locations:
http://www.legis.state.la.us/lss/lss.asp?doc=97451" onclick="window.open(this.href);return false;

Link for license definitions:
http://www.legis.state.la.us/lss/lss.asp?doc=84790" onclick="window.open(this.href);return false;

[Oldgringo]

Concealed is concealed and licensed is licensed. If one has a valid and recognized CHL and questions, one has at least four choices:

* carry concealed
* do not carry
* eat somewhere else
* stay home

but, that's just me?

[ScottDLS]

Concealed is concealed and licensed is licensed. If one has a valid and recognized CHL and questions, one has at least four choices:

* carry concealed
* do not carry
* eat somewhere else
* stay home

but, that's just me?

And one could add...

* The law is the law

[wgoforth]

Check out D & E though:


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.

[Mike1951]

D says that A, B, C, and E don't apply to restaurants. Otherwise, D mirrors our 51% law.

I do agree that RS 14:95.4 (D) is another piece of the puzzle. Maybe we can actually find all of the relevent pieces and someday make sense of it.

[chabouk]

D says that A, B, C, and E don't apply to restaurants. Otherwise, D mirrors our 51% law.

I do agree that RS 14:95.4 (D) is another piece of the puzzle. Maybe we can actually find all of the relevent pieces and someday make sense of it.

It already makes sense to everyone except the LSP.

Police rival gun store employees when it comes to bad legal advice.