What is the penalty for violating state firearm laws?
If someone has a long-term protective order against him/her and s/he still possesses a firearm, attempts to purchase a firearm, or carries a concealed handgun while that order is in effect, s/he can be punished by up to two years in prison and up to a $5,000 fine. The length of the possible jail time and the amount of the possible fine depends on whether or not it is the person’s first conviction, whether battery or another crime of violence was involved, and other factors.1 You can read the details in section 14:79(subsection B) of the law.
If someone has been convicted of any of the following crimes and s/he still possesses a firearm or carries a concealed handgun, s/he can be punished by between one to 20 years in prison and a fine of between $1,000 to $5,000:2
- domestic abuse battery;
- battery of a dating partner when the offense involves strangulation;
- battery of a dating partner when the offense involves burning;
- a second, third, fourth, etc., offense of battery of a dating partner;3
- a “crime of violence” that is a felony;
- various burglary crimes – for a complete list, go to our Selected Louisiana Statutes page;
- manufacture or possession of a bomb or other incendiary device;
- possession of a firearm while possessing or selling a controlled dangerous substance;
- felony illegal use of weapons;
- any violation of the Uniform Controlled Dangerous Substances Law that is a felony;
- any crime defined as a sex offense; or
- an attempt to commit any of these above-listed offenses.4
If the abuser was age 15 or 16 at the time s/he was “adjudicated delinquent” of committing any of the above crimes, s/he may be violating this law. However, there are some exceptions. Read section 95.1(A)(2) of the law to learn more.5
Note: For the crimes listed in numbers 1 - 4, the defendant must have been represented by a lawyer during the original criminal case or given up the right to a lawyer. For the crimes listed in numbers 5 - 12, it is only illegal to possess a firearm or carry a concealed handgun for a period of ten years from the date of completing the sentence, probation, parole, suspension of sentence, or discharge from a mental institution by a court.4
1 LA R.S. 46:2136.3(C); 14:79(A)(4), (B)
2 LA R.S. 14:95.1(C); 14:95.10(B)
3 LA R.S. 14:95.10(A), (C)
4 LA R.S. 14:95.1(A), (C)
5 LA R.S. 14:95.1(A)(2)