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Judge: Baton Rouge Ordinance Banning Guns in Bars Violates Second Amendment

Our Multi-State members need to be aware of an August 25 ruling in Louisiana, in which Chief U.S. District Judge Brian A. Jackson declared a Baton Rouge ordinance banning the possession of guns at bars and other places that sell alcohol as unconstitutional, including the parking lots of places that sell alcohol.

Keep in mind the judge’s ruling does not affect state law prohibiting Louisiana residents from carrying a concealed weapon into bars or restaurants that serve alcohol or necessarily impact any other municipal ordinances.

According to court records, plaintiff Ernest Taylor sued the City of Baton Rouge for actions the city’s police took during a traffic stop around 1:35 a.m. on Oct. 13, 2012. Taylor was pulled over by Officer James Thomas after Taylor exited Romeo’s Lounge parking lot. Officer Thomas said Taylor’s headlights weren’t on.

During the stop, Taylor told Thomas and other officers he had two rifles in his car along with proof of ownership, whereupon he was restrained on the hood of his car and then arrested.

Punishment under the ordinance for having firearms in the parking lot of an establishment that sold alcohol included imprisonment for up to six months, a $500 fine, and if the court ordered it, having to forfeit the firearms that were carried at the time.

The judge ordered the city to return Taylor’s firearms to him and to pay him monetary damages, the amount of which will be decided at an Oct 23rd court hearing. Judge Jackson also permanently enjoined the city and its officials from enforcing the ordinance.

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Photo credited to the NOLA Times

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