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Can you carry in Louisiana casinos?
- Thread starter rickyrick
- Start date
As I look into it more, there are two conflicting laws on this issue, and law enforcement chooses the more stringent of the two. Apparently you cannot carry in restaurants that serve alcohol.
The AG has been asked to clarify the issue.
Now the Texas 51% rule and 30.06 rules make a lot of sense
The AG has been asked to clarify the issue.
Now the Texas 51% rule and 30.06 rules make a lot of sense
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It's murky, to say the least. I think it may rely upon what the definition of "permitted area" might be - I'm of the opinion that a permitted area is the immediate vicinity of the casino lounge/bar area, but not the floor of the casino itself, where no beverages or food are sold.
BigD_in_FL
Moderator
IF LA law says no carry where they serve alcohol, then a casino would be verboten
Well there's one law that says its ok and another that says no.
What happened is the newer law that came with allowing concealed carry permits along with many other states. The older law wasn't removed when concealed carry was adopted, so now, because the older law is more stringent, law enforcement is choosing to follow it. It's very murky it seems.
Texas is making good progress in cleaning up conflicting laws to favor licensed citizens.
Basically it seems that when I visit LA my pistol will stay in the car when I go eat and stuff.
In Texas I can eat at chillis or outback ect. While carrying. In LA, it appears that I can't. Which kinda sux.
What happened is the newer law that came with allowing concealed carry permits along with many other states. The older law wasn't removed when concealed carry was adopted, so now, because the older law is more stringent, law enforcement is choosing to follow it. It's very murky it seems.
Texas is making good progress in cleaning up conflicting laws to favor licensed citizens.
Basically it seems that when I visit LA my pistol will stay in the car when I go eat and stuff.
In Texas I can eat at chillis or outback ect. While carrying. In LA, it appears that I can't. Which kinda sux.
Aguila Blanca
Staff
"Us" being most Texans?rickyrick said:So I guess it's different from the 51% rule most of us are used to.
Kirk's First Law of the Internet: If it's the law in Texas, it must be the law everywhere. NOT TRUE. Do not assume that anything in the laws of any one state will be the same in any other state.
I am not in Texas or Louisiana. My state doesn't have a 51% rule, and no state to which I normally travel has a 51% rule.
Laws don't generally say that something is allowed, they usually say what is NOT allowed. So if one law says something is not allowed, and another law doesn't mention it, the one that prohibits the action or activity obviously governs.rickyrick said:Well there's one law that says its ok and another that says no.
If there is a Louisiana law that specifically states carry in casinos is allowed, it would be helpful if you would post either the exact text of the law, or a link to the law.
Any portion of the permitted area of an establishment that has been granted a 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.
The problem lies that restaurants have class R permits, and has apparently long been interpreted as stay out of the bar.
Also casinos do not derive profit from alcohol and has also been interpreted in the same manner, it seems that casino security believe the same thing.
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.
BigD_in_FL
Moderator
Laws don't generally say that something is allowed, they usually say what is NOT allowed.
EXACTLY! Laws are restrictions on freedom and behaviors - (not all are bad), so if it says you can't, then you can't
Aguila Blanca
Staff
What is the source for this and why did you post it? It neither allows nor prohibits anything at all, and firearms aren't even mentioned. In fact, it isn't even a sentence.rickeyrick said:Any portion of the permitted area of an establishment that has been granted a 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.
Haven't seen one, however, gun buster signs carry the weight of the law there.
In Texas gun buster signs are worthless unless its 51% or 30.06 or on the prohibited list.
Most licensed people and instructors think it's ok and have been unwittingly carrying illegally in LA.
I have answered my own question, but in the process have discovered that most people don't know lol.
In Texas gun buster signs are worthless unless its 51% or 30.06 or on the prohibited list.
Most licensed people and instructors think it's ok and have been unwittingly carrying illegally in LA.
I have answered my own question, but in the process have discovered that most people don't know lol.
What is the source for this and why did you post it? It neither allows nor prohibits anything at all, and firearms aren't even mentioned. In fact, it isn't even a sentence.
That is straight from the statute that explains the areas you cannot conceal a handgun with a permit.
If you look up the definition for a class a permit. It defines the location requiring it as having a wet bar and bartender. I have always been told that the carry restriction only applies to the bar area. Such as at a restuarant it is usally a separate seating area. Casino floors sometimes blend into a bar. Every casino I know of in LA also serves free drinks for playing. I always carried because I don't hang around the bar or drink. The statute says Any Portion of the permitted area requiring the permit. I always took it as to mean the bar and seating around it.
m&p45acp10+1
New member
I passed trhough La. a few days ago on my way to, and from vacation in Fl.
It depends on the casino. If they serve alcohol then carry is banned. There were no signs that were banning carry in the truck stop casinos. (Looks like an arcade at a truck stop. They were all slots, and video poker machines.) Nowhere were there any signs. Though I was just passed by them on the way to the restroom after filling up the car with gas. (Also note the place had an off premisis alcohol liscense. Meaning that it is illegal to consume alcohol on the property. Carry is not legal anywhere that has an on premisis alcohol liscense that I am aware of. It is near to a mirror of the laws in Texas.)
It depends on the casino. If they serve alcohol then carry is banned. There were no signs that were banning carry in the truck stop casinos. (Looks like an arcade at a truck stop. They were all slots, and video poker machines.) Nowhere were there any signs. Though I was just passed by them on the way to the restroom after filling up the car with gas. (Also note the place had an off premisis alcohol liscense. Meaning that it is illegal to consume alcohol on the property. Carry is not legal anywhere that has an on premisis alcohol liscense that I am aware of. It is near to a mirror of the laws in Texas.)
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It's a confusing issue, and I say this as a Louisiana resident who has asked the question, and has looked at the law. I've been a cop for thirty years, and I'm not sure if it's legal.
Further confusing the issue is that we have several types of casinos in Louisiana, and they all fall under different legislative authorities. We've got the little truck-stop casinos, we've got riverboat casinos, we've got Indian casinos.
So, the better question is; which casino are you talking about? It really gets down to that.
Further confusing the issue is that just last year we passed an amendment to our state constitution that identifies firearm possession as a fundamental right, subject to strict scrutiny in the courts. The courts aren't really sure what they're going to do with the laws currently on the books, but when we raised the legal scrutiny to "strict", we opened a huge can of worms.
I don't carry in a casino, and it's one of very few places that I don't carry. A fairly good explanation of Louisiana law can be found here, and it's written in non-lawyer English. There are still gray areas, and casinos are one of them.
Further confusing the issue is that we have several types of casinos in Louisiana, and they all fall under different legislative authorities. We've got the little truck-stop casinos, we've got riverboat casinos, we've got Indian casinos.
So, the better question is; which casino are you talking about? It really gets down to that.
Further confusing the issue is that just last year we passed an amendment to our state constitution that identifies firearm possession as a fundamental right, subject to strict scrutiny in the courts. The courts aren't really sure what they're going to do with the laws currently on the books, but when we raised the legal scrutiny to "strict", we opened a huge can of worms.
I don't carry in a casino, and it's one of very few places that I don't carry. A fairly good explanation of Louisiana law can be found here, and it's written in non-lawyer English. There are still gray areas, and casinos are one of them.