Louisiana Gun Crimes Lawyers

Protecting Your Constitutional Rights in Louisiana

The Second Amendment of the U.S. Constitution protects an individual’s right to keep and bear arms, a principle strongly upheld in Louisiana. However, the intersection of this right with public safety laws creates tricky legal challenges.

The state recognizes that while individuals have a right to defend themselves, their families, and their property, laws are in place to regulate how, when, and where firearms can be carried or used. The balance between personal freedom and public safety leads to strict legal consequences for those accused of violating gun laws.

If you are facing firearm-related charges in Louisiana, understanding your rights, the material legal issues, and defense options is crucial to protecting your future. An experienced Louisiana gun crimes lawyer can help you with these legal issues and work toward the best possible outcome.

Overview of Gun Laws in Louisiana

Louisiana has some of the least restrictive gun laws in the country, reflecting the state’s strong support for the Second Amendment. Despite the general permissiveness of firearm ownership, there are still strict regulations on where and how firearms can be carried, as well as who is legally allowed to possess them.

Violating these laws can have serious legal consequences, including hefty fines and lengthy prison sentences. A Louisiana firearm defense attorney can provide crucial guidance if you are facing gun-related charges.

Louisiana’s Stance on Gun Rights and Restrictions

Louisiana law allows individuals over 18 to purchase and possess firearms without a permit, provided they are not otherwise prohibited by law. Additionally, the state operates as a “shall-issue” jurisdiction for concealed carry permits. Applicants who meet legal criteria must be issued a permit. Open carry is legal in Louisiana, with exceptions in certain areas, such as schools, government buildings, and establishments serving alcohol.

Despite these rights, restrictions apply to individuals with criminal histories or specific legal disqualifications. Certain individuals, such as convicted felons, domestic abusers, and those subject to protective orders, are legally barred from possessing firearms under both state and federal law. Legal representation is essential to safeguard your rights if you face allegations of illegal firearm possession in Louisiana.

How State and Federal Laws Intersect

Federal gun laws, enforced by agencies such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), impose additional restrictions beyond Louisiana state law. For example, federal law prohibits firearm possession by individuals convicted of domestic violence offenses, even if the state does not explicitly restrict ownership for the same offense. Additionally, federal law mandates background checks for firearm purchases from licensed dealers. At the same time, Louisiana does not require checks for private sales.

Federal charges often carry more severe penalties, including mandatory minimum sentences for offenses such as illegal firearm trafficking and possession of a firearm by a convicted felon in Louisiana.

Common Gun-Related Offenses in Louisiana

Illegal Carrying of a Firearm

Louisiana law prohibits carrying a concealed firearm without a valid permit. Violating this law is a misdemeanor offense, punishable by fines and up to six months in jail. However, if the weapon is carried in a bar or nightclub or in conjunction with certain other crimes, the penalties become more severe. If you are charged with gun charges defense in Louisiana, an attorney can help fight for your rights.

Possession of a Firearm by a Convicted Felon

Under La. R.S. 14:95.1, individuals convicted of certain felonies are prohibited from possessing firearms for 10 years after their sentence is completed, including parole or probation. This offense is classified as a felony and carries a mandatory minimum sentence of five years in prison without parole, making it one of the most severe firearm-related offenses in Louisiana. If you have been charged with this crime, hiring a Louisiana firearm defense attorney is critical to exploring legal defenses and potential case dismissals.

Use of a Firearm in a Crime of Violence

If a firearm is used during the commission of a violent crime, Louisiana law provides enhanced penalties under La. R.S. 14:95.2. These crimes include armed robbery, aggravated assault, and homicide. Defendants convicted of a violent crime involving a firearm face mandatory additional prison time, which must be served consecutively to any other sentence imposed.

Defenses to Gun Crime Charges

Fourth Amendment Violations – Illegal Search and Seizure Defenses

A strong defense in gun crime cases often involves challenging the legality of law enforcement actions. If police obtained a firearm through an illegal search or seizure, any evidence obtained may be inadmissible in court under the Fourth Amendment.

Mistaken Identity – Proving You Weren’t in Possession of the Firearm

In some cases, defendants are wrongfully accused due to mistaken identity or constructive possession claims. A skilled defense attorney can challenge whether the defendant had actual or exclusive control over the firearm.

Unlawful Stop or Arrest – Challenging the Legality of Law Enforcement Actions

If police lacked probable cause to stop and search defendant, the evidence gathered may be deemed inadmissible. A lawyer can file motions to suppress evidence if law enforcement violated the defendant’s constitutional rights.

Lack of Intent or Knowledge – Defending Against Accidental Possession Claims

Gun crime charges require proof of intent. Intent may be contested in court if a firearm was unknowingly in a defendant’s possession (such as in a borrowed vehicle).

Speak with a Louisiana Gun Crimes Attorney Today

If you are facing gun charges in Louisiana, the skills of your gun crime defense lawyer can significantly impact how your case unfolds. A strong legal defense can mean freedom, without the penalty of years spent behind bars. At Whidden Criminal Defense, we provide aggressive representation to protect your rights and minimize penalties. Our experienced team of gun crime lawyers in Louisiana understands how to challenge evidence and fight for your best interests.

Call 318-594-3592 for a free case review and take the first step in defending your future.