Problem:  A Concealed Handgun Permit carrier is not allowed to have his legally possessed weapon in any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises.  This means you can not legally defend yourself in almost any restaurant in Louisiana!   This is in direct violation of Article 1, Section 11 of our own State Constitution. 

Pertinent Statute:    R.S. 14:95.5. 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.
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. Link to law on Louisiana's official web site

Solution:  Complete repeal of said statute.  [This law is inextricably related to the law detailed here]

    This law is putting law abiding citizens at risk.  This is an unnecessary infringement on the inherent human right of self defense.  The decision to permit or prohibit weapons should be at the sole discretion of the owner of any specific establishment.

    One unusual aspect of this law is that our concealed carry statute addresses this issue in a less restrictive manner.  According to RS 40:1379.3, a permittee is already excluded from carrying a concealed weapon in "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 I 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."  Our CHP law seems to imply that a carrier may be armed in a beverage establishment, as long as they are not in a Class A establishment, but it does not state that this is permitted "notwithstanding other laws to the contrary."  This is pertinent, because paragraph (M.) states: "No concealed handgun permit shall be valid or entitle any permittee to carry a concealed weapon in any facility, building, location, zone, or area in which firearms are banned by state or federal law."  Since R.S. 14:95.5 is clearly a prohibition on carry in non-Class A establishments according to State law, a CHP carrier is at risk of having to bear the cost of battling this ambiguity in Court.  This law currently does not seem to be being enforced against lawful concealed carriers because of this wording, however, the law is ambiguous in this respect.    We need to prevent a costly battle at the expense of a lawful carrier by clearing this up in our CHP statute, if we are unable to obtain a repeal of R.S. 14:95.5. 

       If a restaurant wishes to restrict weapons on their property, they still have the right to do so.  We do not need to do this by law.  There are many law abiding citizens and restaurants who are being hurt by this.  This law is putting citizens at risk of bodily harm, and in legal jeopardy.  It is also potentially having a negative effect on the revenue of the restaurants in our State, since those citizens who wish to abide by the law and protect their families cannot patronize a large percentage of the dining establishments available to them.  We need to repeal it as soon as possible.