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Felon in Possession of a Firearm
Firearms and Weapons Offense Attorney in Shreveport, Bossier City, Monroe, & Ruston, LA
If, as a person convicted of “certain felonies,” police arrested you for using or carrying a handgun, hunting rifle, or another type of firearm in the state of Louisiana, you can face serious penalties. Charges for possessing firearms or carrying concealed weapons as a convicted felon can lead to more severe consequences down the road. At The John D. and Eric G. Johnson Law Firm, our gun rights lawyers in Louisiana provide tough criminal defense to protect your Second Amendment rights.
Who May Not Possess Firearms in Louisiana?
Although Louisiana is generally a gun-friendly state, there are three kinds of people who cannot legally own or possess a firearm:
- Anyone who has been convicted of certain felony offenses, including all crimes of violence, felony drug charges, kidnapping, and more.
- Anyone convicted of domestic abuse battery, even a misdemeanor crime.
- Anyone subject to a domestic violence protective order through the duration of the order.
People who fall into the above categories may have their firearm rights restored ten years after completing their sentence or probation, or ten years after the suspension of their sentence, so long as they have not acquired additional felony convictions in that time. Those who have a domestic violence protective order against them may not possess firearms if:
- The order includes a finding that the respondent represents a credible threat to the physical safety of a family or household member or dating partner.
- The order informs the respondent that he or she is prohibited from possessing a firearm pursuant to federal and state law.
It’s also worthwhile to note that prosecutors in Louisiana do not care what type of gun the convicted felon possesses; whether you are caught with a handgun, hunting rifle, revolver, or some other gun, you can face additional felony charges for doing so as a convicted felon.
Penalties for Felons Possessing Firearms in Louisiana
Any person found guilty of possessing a firearm as a convicted felon before the ten-year period ends stands to face significant punishment. Police often discover guns on those who cannot legally have them when defendants carry them on their person or keep them in their car. Penalties include:
- Minimum prison sentence of 10 years
- Maximum prison sentence of 20 years
- Minimum fine of $1,000
- Maximum fine of $5,000
Those with a prior felony record must refrain from using any gun for at least ten years after their sentences have expired. Even if you are in your own home, defending your family from intruders, you could face felony charges for possessing a firearm as a felon.
Domestic Abuse Battery Convictions and Firearms
As of 2014, those convicted of domestic abuse battery in Louisiana cannot legally own or carry a gun for a period of ten years after their sentence is complete. A person who has been convicted of domestic abuse battery and is found to possess a firearm before the ten-year period may face criminal penalties:
- Between 1 year and 5 years in a state prison
- Between $500 and $1,000 fines
After ten years, so long as they are not convicted of another domestic abuse battery charge or any felony offense, they will legally be able to own a gun.
If you are fighting to maintain your Second Amendment rights or are facing new charges for possessing a firearm as a convicted felon, attorney Eric Johnson can help you achieve the best outcome possible in court. Call 318-377-1555 or email our law firm for a free consultation.