Re: Louisiana resteraunt carry
Posted: Sat Jan 16, 2010 2:23 am
I am not a lawyer or a trained in Louisiana law. I want to make sure everyone understands that Louisiana law is different from the rest of the country since it was based on the Napoleonic Code instead of English Common-law. This means it is not going to be read the way our law is. At least, that part was the way I was taught and peace officers in Texas used to have to know that tidbit for some reason.
So, I may be reading the law wrong, but here is what i see as a problem in it. Section 14:95 is their equivalent of our Penal Code Chapter 46. It basically makes carrying of concealed weapons illegal. In 14:95 there is a long list of exceptions and having a license is not in that list. In 14:95.3, there is a ban on carrying anywhere alcohol is sold, period. It has one single exception line that covers peace officers and employees of stores selling alcohol. It has a definition of what is meant by alcoholic beverage outlet. In 14:95.4 there is a different definition of alcoholic beverage outlet and an implied consent law.
Then, in 40:1379 the law defines the duties of police officers. This is similar to our Government Code Chapter 411. Amazingly enough, just as our CHL laws are in the chapter defining the powers and duties of the DPS, their chapter 40:1379 has a section on issuing a concealed weapons permit. Section 40:1379.3(B) grants a person the authority to carry the concealed weapon. The interesting flaw is that it does not specify that this is an exception to the other law or what limits it still leaves in place. 40:1379(N) then has a list of places where a CHL may not carry their weapon, and it includes only 51% (well, their equivalent) places as banned for sale of alcoholic beverages.
So, as I read their laws (which is quite possibly wrong, as I said earlier), there is a conflict in their laws. One section says you can and one section says you cannot. Apparently, the State Police have taken the position that you cannot carry anywhere alcoholic beverages are sold. given the conflict and the way the laws are written, I would think a court would look at the age of the various laws and the legislature's intent if it can be ascertained from the laws. Since the CHL section is newer and generally contradicts the general weapons section, I would think the intent is to allow you to carry in restaurants and convenience stores but not in bars.
But, with the state police taking their position, you stand a decent chance of being arrested if you are discovered. And there is nothing to contradict the implied consent you gave by just entering the store (though I am not sure if that would stand up in federal appeals court). I think you would end up winning in the long run but spending time and money defending yourself.
It is a case of beating the rap but not the ride and being the test case to clarify the Louisiana law. In this thread we have posted the actual laws for you to read. I do not have access to any case law from Louisiana, but have tried to give my analysis anyway (worth what you are paying for it). As an informed and responsible adult, now you each get to make your own decision on what to do if YOU are in Louisiana. Some of us will decide one way, some the other. I will not say either side is wrong.
So, I may be reading the law wrong, but here is what i see as a problem in it. Section 14:95 is their equivalent of our Penal Code Chapter 46. It basically makes carrying of concealed weapons illegal. In 14:95 there is a long list of exceptions and having a license is not in that list. In 14:95.3, there is a ban on carrying anywhere alcohol is sold, period. It has one single exception line that covers peace officers and employees of stores selling alcohol. It has a definition of what is meant by alcoholic beverage outlet. In 14:95.4 there is a different definition of alcoholic beverage outlet and an implied consent law.
Then, in 40:1379 the law defines the duties of police officers. This is similar to our Government Code Chapter 411. Amazingly enough, just as our CHL laws are in the chapter defining the powers and duties of the DPS, their chapter 40:1379 has a section on issuing a concealed weapons permit. Section 40:1379.3(B) grants a person the authority to carry the concealed weapon. The interesting flaw is that it does not specify that this is an exception to the other law or what limits it still leaves in place. 40:1379(N) then has a list of places where a CHL may not carry their weapon, and it includes only 51% (well, their equivalent) places as banned for sale of alcoholic beverages.
So, as I read their laws (which is quite possibly wrong, as I said earlier), there is a conflict in their laws. One section says you can and one section says you cannot. Apparently, the State Police have taken the position that you cannot carry anywhere alcoholic beverages are sold. given the conflict and the way the laws are written, I would think a court would look at the age of the various laws and the legislature's intent if it can be ascertained from the laws. Since the CHL section is newer and generally contradicts the general weapons section, I would think the intent is to allow you to carry in restaurants and convenience stores but not in bars.
But, with the state police taking their position, you stand a decent chance of being arrested if you are discovered. And there is nothing to contradict the implied consent you gave by just entering the store (though I am not sure if that would stand up in federal appeals court). I think you would end up winning in the long run but spending time and money defending yourself.
It is a case of beating the rap but not the ride and being the test case to clarify the Louisiana law. In this thread we have posted the actual laws for you to read. I do not have access to any case law from Louisiana, but have tried to give my analysis anyway (worth what you are paying for it). As an informed and responsible adult, now you each get to make your own decision on what to do if YOU are in Louisiana. Some of us will decide one way, some the other. I will not say either side is wrong.
For example, the inheritance and community property laws that apply in most states are much different in Louisiana.
(wearing my mardi-gras mask)