In Louisiana, known for some of the most lenient gun laws in the United States, many residents assume their right to own a firearm is virtually unrestricted. However, despite these relaxed regulations, there are still circumstances in which owning a firearm can be illegal. From restrictions on ownership for individuals with certain criminal backgrounds to limitations on carrying firearms in specific areas, Louisiana law outlines specific conditions that could make firearm ownership unlawful.
Understanding these nuances is crucial for anyone who owns or plans to own a firearm in the state. Knowing when and where firearm possession is prohibited can help you stay within the law and protect your rights. At John D. & Eric G. Johnson Law Firm, we’re well-versed in Louisiana’s complex firearm regulations, including cases where specific conditions or backgrounds can prevent legal ownership. With decades of experience in criminal defense across the state, we can guide you in understanding these laws and ensuring your rights are protected.
Gun Ownership Restrictions in Louisiana
Louisiana is typically considered a gun-friendly state with some of the most lenient regulations on gun ownership. Gun owners in Louisiana are not required to obtain a permit to buy firearms, nor are buyers required to register or license their guns. A concealed carry permit is necessary for handguns, not shotguns or rifles.
Despite this, Louisiana law does restrict two groups of people from legally possessing a gun: individuals convicted of some violent crimes (with exceptions) and people under the age of 17. There are only some prior convictions that make someone ineligible for gun ownership in Louisiana:
- Domestic abuse battery, including misdemeanor charges, for 10 years after the sentence is completed
- Some felony crimes, including felony drug crimes, burglary, robbery, sex crimes, kidnapping, and crimes of violence, for a period of 10 years once the sentence is complete.
Individuals who are barred from gun ownership are restricted from owning any type of gun, including handguns, shotguns, rifles, assault rifles, and machine guns. This includes submachine guns and firearms firing fixed cartridge ammunition. A conviction of criminal gun possession can come with a prison sentence as well as hefty fines. Firearms designed to fire fixed cartridge ammunition are also covered under these restrictions.
Understanding Louisiana Gun Laws
Louisiana gun laws are designed to protect the rights of law-abiding citizens while ensuring public safety. The state’s constitution and statutes regulate firearms possession, sale, and use. Understanding these laws is crucial for gun owners and individuals who wish to exercise their Second Amendment rights.
In Louisiana, the right to bear arms is protected by Article I, Section 11 of the state constitution. However, this right is not absolute, and the state has enacted laws to regulate the possession and use of firearms. For example, individuals convicted of certain felonies or domestic violence offenses may be prohibited from possessing firearms.
It is essential to note that Louisiana is a “shall-issue” state, meaning concealed carry permits are issued to applicants who meet the requirements. To obtain a concealed handgun permit, applicants must be at least 21 years old, a U.S. citizen, and a resident of the state. They must also complete a firearms training course and pass a background check.
Domestic Abuse Battery and Louisiana Gun Laws
A law passed in 2014 prohibits anyone previously convicted of domestic abuse battery, controlled dangerous substance offenses, or possession of a delayed action incendiary device in Louisiana from carrying or owning a gun until a period of 10 years has passed after the sentence is complete. A person convicted of a felony, including a sex offense, faces similar restrictions.
Someone found in possession of a gun before this period expires faces a prison sentence of 1-5 years and a fine of $500 to $1,000.
Felon in Possession of a Firearm
Louisiana law prohibits people convicted of a felony from possessing a gun for at least 10 years after the sentence is complete, in accordance with federal law. Additionally, carrying a concealed weapon is also restricted for these individuals.
Someone convicted of a felony who is found in possession of a firearm of any type faces a minimum prison sentence of 10 years and up to a 20-year sentence. This charge also comes with a fine of $1,000 to $5,000. The only way a felon can have their right to own a gun restored is by waiting 10 years until the end of the sentence.
A conviction of criminal gun possession comes with very strict penalties in Louisiana, but there are possible defense strategies. To be convicted, the prosecution must prove the gun belonged to the defendant, not someone else in the household, and that the defendant had control and possession of the firearm. The prosecution must show that the defendant knew where the firearm was and had access to the gun.
Obtaining a Concealed Handgun Permit
Obtaining a concealed handgun permit in Louisiana requires meeting specific requirements and following a step-by-step process. Here are the key steps to obtain a concealed handgun permit in Louisiana:
- Meet the eligibility requirements: Applicants must be at least 21 years old, a U.S. citizen, and a resident of the state.
- Complete a firearms training course: Applicants must complete a firearms training course approved by the Louisiana State Police.
- Pass a background check: Applicants must pass a background check conducted by the Louisiana State Police and the Federal Bureau of Investigation (FBI).
- Submit the application: Applicants must submit their application to the Louisiana State Police, along with the required documentation and fees.
- Wait for processing: The Louisiana State Police will process the application and conduct a thorough background check.
Once the application is approved, the concealed handgun permit will be issued. The permit is valid for five years and must be renewed before it expires.
Protecting Your Firearms Rights
Protecting your firearms rights in Louisiana requires understanding the state’s gun laws and taking steps to ensure compliance. Here are some tips to protect your firearms rights:
- Understand the laws: Familiarize yourself with Louisiana’s gun laws, including the concealed handgun permit requirements and restrictions.
- Keep records: Keep records of your firearms purchases, sales, and transfers, as well as any training or safety courses you complete.
- Store firearms safely: Store your guns in a safe and secure location, out of reach of children and unauthorized individuals.
- Be aware of your surroundings: Be mindful of your surroundings and avoid carrying firearms in prohibited areas, such as schools or government buildings.
- Seek legal advice: If you have any questions or concerns about your firearms rights, seek legal advice from a qualified attorney.
By following these tips, you can protect your firearms rights and ensure compliance with Louisiana’s gun laws.
Need Assistance Protecting Your Gun Ownership Rights? Call the John D. & Eric G. Johnson Law Firm Today
Louisiana gun laws are designed to protect the rights of law-abiding citizens while ensuring public safety. Understanding these laws is crucial for gun owners and individuals who wish to exercise their Second Amendment rights. By obtaining a concealed handgun permit, protecting your firearms rights, and staying informed about the state’s gun laws, you can ensure compliance and exercise your rights safely and responsibly.
If you are facing a charge of criminal gun possession, it’s important to contact a Louisiana defense attorney as soon as possible. Attorney Eric Johnson has over 24 years of experience defending criminal gun charges throughout Louisiana. Get in touch with the lawyers at John D. & Eric G. Johnson Law Firm. You can contact us at (318) 377-1555 or complete our contact form to schedule a confidential consultation with a dedicated attorney.