In Louisiana, felons caught with a firearm may face legal repercussions under Louisiana Revised Statutes 14:95.1. That law prohibits individuals convicted of certain felonies, including violent crimes and drug-related offenses, from owning, possessing, or controlling any firearm in the state.
If you are a felon in possession of a firearm, you may be violating the above law. Violating that statute is punishable by imprisonment ranging from one to five years without the possibility of probation, parole, or suspension of the sentence. It may also include criminal fines of up to $5,000. Repeat offenders may face even harsher penalties, with imprisonment ranging from ten to twenty years.
In addition to Louisiana state law, federal law also prohibits individuals with specific criminal backgrounds from possessing firearms. This includes individuals convicted of or charged with offenses in federal court that carry a potential sentence of more than one year in prison. That encompasses most felony crimes.
As noted above, in Louisiana, most individuals convicted of or charged with serious felonies are forbidden from possessing firearms. That measure is part of Louisiana’s efforts to enhance public safety and prevent those with significant criminal backgrounds from accessing weapons.
Importantly, Louisiana law enforcement takes firearm possession by felons very seriously. Due to the gravity of the offense, law enforcement officers will typically arrest and detain individuals found with a firearm immediately.
After an arrest is made, the individual that was caught in possession of the firearm will then attend a court hearing where formal charges will be presented. During that hearing, the judge may also set their bail. The criminal process will then continue with an arraignment, pre-trial motions, plea negotiations, and ultimately, a trial, if necessary.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
Under Louisiana Revised Statutes 14:95.1, the crime of a felon in possession of a firearm is classified as a serious offense. The minimum sentence for a violation of that statute is one year in prison, without the possibility of probation, parole, or suspension of the sentence.
However, potential punishments can be significantly more severe. Potential criminal penalties include a maximum sentence of five years in prison and fines of up to $5,000. For repeat offenders, the penalties escalate even more.
Potential legal penalties for repeat offenders include imprisonment ranging from ten to twenty years. Although minimum sentences exist, the court always has the discretion to consider aggravating and mitigating factors when determining the final sentence.
Additionally, under federal law, the minimum criminal sentence for a felon caught with a firearm is ten years in prison. If the individual has three or more prior convictions for violent crimes or serious drug offenses, the minimum sentence increases to fifteen years, as mandated by the Armed Career Criminal Act (“ACCA”). Further details can be found at 18 U.S.C. Section 924(e).
Given the gravity of the above penalties, it is strongly recommended to consult with an attorney if you have been previously convicted of a felony and are found in possession of a firearm. A lawyer will be able to provide you with essential guidance and representation throughout this complex legal process.
Can a Felon Be Around a Person With a Gun?
In short, it is not recommended. In Louisiana, a felon cannot legally be around a person who has a firearm. This is because doing so could be considered constructive possession. Constructive possession occurs when an individual has the ability to access and control the firearm, even if the firearm is not physically in their possession.
For instance, if a firearm is found in a shared residence or vehicle, the felon may be deemed to have constructive possession of the weapon. Constructive possession is prohibited under Louisiana Revised Statutes 14:95.1. Violating that prohibition can result in serious legal consequences.
Legal consequences for constructive possession may include additional felony charges, which can carry severe penalties such as imprisonment and fines. The rationale behind the constructive possession law is to prevent individuals with felony convictions from having any potential access to firearms, thereby reducing the risk of violence and ensuring public safety.
In addition to the constructive possession law, specific conditions of parole or probation may impose additional restrictions on a felon’s interactions with firearms and individuals who possess them. Felons should be aware of and comply with any such conditions to avoid potential violations.
What Weapons Can a Felon Own To Protect Themselves?
Once again, in Louisiana, felons are generally prohibited from owning or possessing firearms under Louisiana Revised Statutes 14:95.1. Unlike many other states, Louisiana law does not provide specific exceptions for felons to possess antique firearms, such as cap and ball muskets.
The rationale behind the strict prohibition of firearms by felons is to enhance public safety by preventing individuals with felony convictions from accessing any type of firearm, thereby reducing the risk of violence.
Importantly, felons in Louisiana may explore alternative means of self-defense that do not involve firearms, such as:
- Pepper Spray: A non-lethal option for personal protection that can temporarily incapacitate an attacker
- Stun Guns or Tasers: Depending on local regulations, felons may be allowed to carry these electronic devices for self-defense
- Personal Alarms: Devices that emit a loud noise to deter potential attackers and attract attention to the situation
It is important to note that the above alternatives may also have their own legal restrictions and requirements. It is recommended for felons to consult with a legal professional to ensure compliance with all relevant laws and to fully understand their rights and limitations.
Can a Felon’s Gun Rights Be Restored?
Yes, in Louisiana, felons may have their gun rights restored if they meet specific criteria and follow the appropriate legal procedures. According to Louisiana Revised Statutes 14:95.1, individuals with certain felony convictions may regain their firearm rights under the following conditions:
- Eligible Felony: Their felony must not fall under the categories of violent crimes, drug-related offenses, or sex offenses, as defined by Louisiana law
- Completion of Sentence: The individual must have fully completed their criminal sentence, including any probation or parole requirements
- Waiting Period: A mandatory waiting period of ten years must pass after the completion of the sentence before the individual can legally possess a firearm under Louisiana law
- Petition Process: The individual may need to petition the court in the jurisdiction where they were convicted, demonstrating rehabilitation and good conduct during the waiting period
- Public Safety Assurance: The court must be satisfied that restoring the individual’s firearm rights will not pose a threat to public safety
If all of the above conditions are met, the individual’s firearm rights may be restored under Louisiana law. However, it is important to note that federal law may still impose restrictions on firearm possession, even if rights are restored at the state level.
Federal law prohibits firearm possession by individuals convicted of felonies, punishable by more than one year in prison unless their civil rights have been restored explicitly. Further, restoring gun rights in Louisiana does not erase the original felony conviction but reinstates the right to possess firearms under state law.
Consulting with a local Louisiana attorney is strongly recommended to navigate this complex process and ensure compliance with both state and federal laws.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you are facing firearm possession charges in Louisiana following a felony conviction, it is highly advisable to seek the assistance of a Louisiana criminal lawyer as soon as possible. LegalMatch can assist you in arranging a consultation with an attorney in your area.
An experienced lawyer can guide you through Louisiana’s firearm laws for felons and provide you with competent representation throughout your legal proceedings. They can also advise you on the possibility of restoring your firearm rights, if allowed under Louisiana law.
Moreover, an attorney will also work to protect your legal rights and strive for the best possible outcome. This could involve seeking to have the charges against you dismissed, negotiating a plea agreement, or representing you in court if the case proceeds to trial.
