Louisiana’s Gun Laws and Criminal Defense: What You Need to Know

The Basics Rules for Carrying a Gun in Louisiana.

With gun violence crimes spiking in the U.S., many people simply want to own or carry a gun for the sake of self-protection and the protection of their families. Although the U.S. Constitution gives law-abiding citizens the right to carry a weapon, each state differs in its rules and laws on open, constitutional, and concealed carry. Most people are concerned with concealed carry, which is carrying a concealed firearm, usually a handgun, on your person and in a public space. As of 2023, almost all states allow concealed carry, but the laws differ. Louisiana state law allows all its citizens to carry a concealed weapon; however, to carry a concealed weapon in Louisiana, you must be 21 years of age and have a Concealed Handgun Permit (or CHP). If you’re a non-Louisiana resident, you must also have a permit or license from your home state recognized by Louisiana’s laws.

Additionally, constitutional carry allows you to carry a gun, concealed or openly, without a state license or a permit. Many states allow constitutional carry, although some only allow concealed constitutional carry, and others strictly specify the types of guns to be carried. Louisiana doesn’t currently allow constitutional carry for anyone except veterans and active-duty military members. All other residents must have a permit to carry a concealed gun in public. You should also note that Louisiana allows the open carrying of a weapon. This law allows its residents to carry a visible firearm without a permit, but they must be at least 18 years old. So, the laws and associated rules differ. Suppose you want to be sure you are not carrying a weapon illegally (as the penalties are harsh). In that case, the advice and guidance of an experienced Louisiana gun law defense lawyer is mandatory.

What Are Some of the Requirements for a Concealed Carry Permit in Louisiana?

The law is relatively straightforward. To obtain a concealed handgun permit in Louisiana, you must be 21 years old, a resident of Louisiana, and have completed a mandatory firearms training course. Louisiana has two main types of concealed carry permits: a five-year permit and a lifetime permit. The process may seem simple, but if you have any possible background violations that may prohibit you from getting a license, the advice and guidance of a lawyer, well-versed in these ever-changing gun laws, is mandatory.

The primary process is simple:

• Obtain, fill out, and submit the application for a concealed carry permit.
• Submit the application and all other required documents, such as firearm training, arrest and/or criminal records, medical records of any physical/mental disorders, and divorce decrees.
• Provide a new fingerprint sample. Old fingerprints may be on file but will not be accepted when applying for a first-time Louisiana permit.
• Submit all the documents to the appropriate authorities.

Just remember that Louisiana’s gun laws are constantly changing and evolving, and you want to make sure that you are in full compliance, as the consequences of a felony gun charge can be life-changing.

When Is Carrying a Concealed Weapon in Louisiana Illegal?

If you have a concealed weapon permit, almost every place in Louisiana allows you to do so. If you have no permit, then it is highly unlawful to intentionally hide or conceal any dangerous weapon or firearm, even if it’s only a knife that is on or near you. A first conviction of such an offense is punishable by up to 6 months in jail and a fine of up to $500. However, with subsequent convictions, your penalties will become more severe. This same tenant holds for cases in which a firearm was used to commit a violent crime or even if a gun was made use of while you had illegal drugs. It is also critical to remember that even if you have a Louisiana concealed carry permit, you still can break the law if you are careless and carry a concealed firearm into certain specific places, such as:

• Houses of worship – Unless the religious organization has permitted it.
• Mardi Gras and other types of parades affiliated with places of worship (unless they condone the action).
• Any business or place where guns are expressly banned.
• Into another person’s home, and you do not have their consent and more.

Additionally, you could be charged for the unlawful possession and carrying of a concealed weapon if you are under the influence of an illegal drug or alcohol. As a concealed weapon permit holder, you are also responsible for never acting negligently. For example, let’s say you carry the gun in a way that makes it likely to go off or if it gives anyone reasonable cause to believe that it is expected to be discharged or used by you in the commission of a crime. So, you must remember that even if you have a concealed weapons permit, there are many ever-changing conditions regarding how and where the weapon can be carried. You could face severe charges if any of these laws are broken, even with a license.

Are the Penalties for Breaking Louisiana’s Gun Law Severe?

Even though Louisiana has in-depth and fairly open gun laws, breaking these laws can inflict harsh and, at times, life-changing penalties. This, of course, depends on the unique circumstances surrounding your incident and if anyone was hurt or, worse, killed. If you’re convicted of breaking the state’s gun laws or regulations regarding the possession, carrying, and use of firearms, you could be facing high fines, prison time, or both. Therefore, the advice and guidance of a professional criminal defense lawyer is mandatory as soon as you are charged.

An example of some of Louisiana’s penalties for breaking their gun laws are:

• Illegal possession of a firearm – Let’s say you are a convicted felon. If you have a gun, you could face up to 20 years in prison.
• Carrying a concealed firearm without a permit – You may face fines and jail time, depending on the circumstances.
• If you use a gun in the commission of a crime – This will add additional penalties on top of those for the crime itself and has the potential for a life-changing prison sentence.

As stated, Louisiana’s gun laws also have precise rules regarding where your firearm can be carried and additional restrictions on assault weapons, primarily when related to gun sales. If you’re a repeat offender, or your infraction was committed in a sensitive location (such as a school or federal building), your penalty will always tend to increase. Any gun charge in Louisiana must be taken seriously, as your future and your freedom may depend on it. Therefore, the counsel of a qualified, passionate, and well-versed criminal defense lawyer should be obtained as soon as possible.

I’ve Been Charged With a Gun Law Violation in Louisiana; How Should I Proceed?

First, if you’ve recently purchased a gun or are considering it, you must be fully aware of Louisiana’s varying gun laws; this is of the utmost importance. Fully understanding the state’s gun laws will prevent you from breaking any rules and potentially facing high fines, charges, or even jail time. Due to the legal complexity of this issue, the best place to start is to consult with a seasoned legal team that is well-versed in advising and defending you if necessary. If you are facing a gun charge in Louisiana, you must have an experienced team of criminal defense lawyers on your side.

The highly experienced, passionate, and diligent criminal defense lawyers at Whiddon Criminal Defense will always provide you with the highly personal attention any gun charge requires and have the expertise to protect your future, civil rights, and freedom fully. Call them today at 318-594-4565 for a free consultation on your unique case, and get the in-depth, empathetic, and professional legal representation that these cases demand.