If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Under Louisiana state law, it is illegal for anyone who has been convicted of any of the following crimes to possess a firearm or carry a concealed weapon as long as the person was represented by a criminal defense lawyer during the criminal case or s/he gave up (waived) the right to have a lawyer:
- domestic abuse battery;
- battery of a dating partner when the offense involves strangulation;
- battery of a dating partner when the offense involves burning; or
- a second, or third, fourth, etc., offense of battery of a dating partner.1
In addition, anyone who was convicted of or found “not guilty by reason of insanity” of any of the following crimes cannot possess a firearm or carry a concealed weapon 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:
- 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.2
If the abuser was age 15 or 16 at the time s/he was “adjudicated delinquent” of committing any of the above eight 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.3
Lastly, there are additional crime-related reasons why a person would not qualify for a permit to carry a concealed weapon. Under Louisiana law, in order to qualify for a concealed handgun permit, the person must:
- not have been found guilty of, or entered a plea of guilty or “nolo contendere” to, a drug-related misdemeanor within the past five years prior to the date the application is submitted;
- not presently be charged under indictment or a bill of information for a drug-related misdemeanor;
- not been found guilty of, or entered a plea of guilty or “nolo contendere” to, a misdemeanor “crime of violence,” unless five years have passed since completion of the sentence or since any other conditions set by the court have been fulfilled;
- not have been convicted of, have entered a plea of guilty or “nolo contendere” to, or be under a current indictment or a bill of information for a “crime of violence” or any felony;
- not be a fugitive from justice;
- not have a history of engaging in violent behavior; Note: If within a ten-year period immediately before the date of the application, there is proof that either of the following are true, it will be assumed that the person has a “history of engaging in violent behavior”:
- the applicant was arrested or charged on three or more occasions for any “crime of violence;” or
- the applicant was arrested or charged on two or more occasions for any “crime of violence” that may be punished by death; and
- not be ineligible to possess or receive a firearm under federal law.4
1 LA R.S. 14:95.10(A), (C)
2 LA R.S. 14:95.1(A), (C)
3 LA R.S. 14:95.1(A)(2)
4 LA R.S. 40:1379.3(C)