Posession of Firearms by Felons

Louisiana Law pertaining to: LRS 14:95.1

POSSESSION of firearm (or)

CARRYING concealed weapon

By person convicted of certain felonies-

 

This law prohibits the POSSESSION of a firearm or concealing a weapon defined as:

Pistol, revolver, rifle, shotgun, machine gun, submachine gun, black

Powder weapon or assault rifle which is designed to fire or is capable

Of firing fixed cartridge ammunition or from which a shot or projectile

Is discharged by an explosion

 

The “certain felony” laws list as being:

1-      Solicitation for murder                                                   29- Illegal use of weapons or dangerous

2-      First degree murder                                                                       instrumentalities

3-      Second degree murder                                                 30- Terrorism

4-      Manslaughter                                                                    31- Aggravated second degree battery

5-      Aggravated battery                                                         32- Aggravated assault on peace officer

6-      Second degree battery                                                                 with firearm

7-      Aggravated assault                                                          33- Aggravated assault with firearm

8-      Mingling harmful substances                                      34- Armed robbery- use of firearm

9-      Aggravated rape                                                              35- Second degree robbery

10-   Forcible rape                                                                      36- Disarming a peace officer

11-   Simple rape                                                                        37- Stalking

12-   Sexual battery                                                                   38- Second degree cruelty to juveniles

13-   Second degree sexual battery                                   39- Aggravated flight from an officer

14-   Intentional exposure to AIDS virus                           40- Aggravated incest – Repealed in 2014

15-   Aggravated kidnapping                                                 41- Battery of a police officer

16-   Second degree kidnapping                                          42- Trafficking of children for sexual

17-   Simple kidnapping                                                                           purposes

18-   Aggravated arson                                                            43- Human trafficking

19-   Aggravated criminal damage to property              44- Home invasion

20-   Aggravated burglary                                                       (Cont…..)

21-   Armed robbery

22-   First degree robbery

23-   Simple robbery

24-   Purse snatching

25-   Extortion

26-   Assault by drive-by shooting

27-   Aggravated crime against nature

28-   Carjacking

 

 

 

In addition to the “crimes of violence” laws listed, the certain felonies continue as being:

45- Simple burglary

46- Burglary of a Pharmacy

47- Burglary of an inhabited dwelling

48- Unauthorized entry into an inhabited dwelling

49- Felony illegal use of weapons or dangerous instrumentalities

50- Manufacture or possession of a delayed action incendiary device

51- Manufacture or possession of a bomb

52- Possession of a firearm while in the possession of or

During the sale or distribution of a controlled dangerous substance

53- Any violation of the Uniform Controlled Dangerous Substance Law which is a FELONY

53- Any crime which is defined as an ATTEMPT to commit any one of the above-enumerated

Offenses under the laws of this state (LA), or who has been convicted under the laws of

Of any other state or of the United States or of any foreign government or country of a

Crime which, if committed in this state, would be one of the above enumerated crimes

55- Any sex offense defined under Louisiana Revised statute 15:541 or out of state equivalent

56- Domestic abuse aggravated assault

57- Vehicular homicide with blood alcohol content exceeding .20g%

58- Any conviction under the domestic abuse battery law per LRS 14:95.10

 

This law prohibits the possession of a firearm of any person convicted (or guilty plea) of any of these

Listed crimes or attempt to commit these crimes and a person found guilty of violating this law

Shall be imprisoned at hard labor for not less than ten nor more than twenty years without

Benefit of probation, parole or suspension of sentence.

 

This law shall not apply to any person who has not been convicted of ANY FELONY for a period of TEN YEARS from the date of completion of sentence, probation, parole, or suspension of sentence.

 

If a person is under an active restraining or protective order, you are prohibited from possessing a firearm.

 

If a person is on probation or parole for ANY felony offense, the assigned probation officer will inform you of your right to a firearm based on their criteria.

 

POSSESSION Defined under LRS 14:222.2 (A)7- Means to have physical possession of or otherwise to   exercise dominion or control over tangible property

 

LRS 14:95.1.1 and 14:95.1.2 Prohibits the supplying of a person convicted of the “certain felonies” with

A firearm or ammunition with person found to be guilty of violating these laws facing up to five years imprisonment.

Reference: Louisiana Revised Statutes of 2011

                Statutory Criminal Law and Procedure

                Acts of the 2010 Regular Session of the Legislature 

 

Updated July 31, 2015